Ronald S. Herzog

Ronald S. Herzog focuses his practice on complex commercial litigation in both federal and state courts as well as in various alternative dispute resolution (ADR) forums. He has been counsel of record in nearly 50 reported decisions, and has had primary responsibility for all stages of matters from inception through appeal.

Ron devotes a significant portion of his practice to defending small- and mid-sized accounting firms and their partners in professional liability and regulatory matters, and he frequently counsels them on loss prevention techniques. He also represents brokerage firms and their senior executives in matters arising under the Federal Securities and Commodities Laws and common law, and counsels several private firms in the construction industry. He also has significant experience defending legal malpractice matters and litigating employment discrimination and restrictive covenant matters, partnership and shareholder disputes, and business torts.

Ron is a long-time faculty member of the American Law Institute (ALI) CLE Accountants’ Liability Seminar and a lecturer at the PLI-CLE seminar. He is highly regarded among his peers, and regularly appears on lists such as Metro New York Super Lawyers. He is the recipient of many honors, including an AV Preeminent Peer Review Rating through Martindale-Hubbell.

Experience Highlights

ACCOUNTING AND CONSULTING MALPRACTICE

Ron has over 40 years counseling and defending local and regional accounting firms in a wide variety of matters. Representative matters include:

•Obtained summary judgment dismissing claims for malpractice and breach of fiduciary duty for services as receiver of closely held construction company being liquidated during course of contested matrimonial litigation
•Secured dismissal of claims against an accounting firm and partners alleging that the partner provided false affidavit in prior litigation between co-trustees of the client of the firm
•Obtained dismissal of third-party action against a firm in partnership dispute with the court rejecting third-party plaintiffs’ effort to invoke continuous representation doctrine
•Obtained declaratory judgment that former income partner was not entitled to share of sale proceeds of an accounting practice to a third party, despite being designated an “equity partner” in his agreement with the firm
•Obtained summary judgment for a firm in a dispute between former partners alleging the firm’s purported audit failed to detect alleged defalcations by “inside” partner

LEGAL MALPRACTICE

Ron devotes a portion of his practice to counseling and defending other attorneys. He has successfully obtained defense jury verdicts, summary judgments, and dismissals in matters involving claims of attorney malpractice, breach of duty of loyalty, and aiding and abetting improper actions of trustees, among other issues. Representative matters include:

•Obtain summary judgment in favor of a law firm in an action asserting malpractice and breach of fiduciary duty for wrongfully excluding the plaintiff from a settlement agreement which necessitated substantial fees in defending protracted subsequent litigation

Honors & Awards

Martindale-Hubbell Peer Review Rating: AV Preeminent

Metro New York Super Lawyers, Business Litigation, 2007-19

Recent Insights

36 Goldberg Segalla Attorneys Featured in 2019 New York Metro Super Lawyers

September 12, 2019

Goldberg Segalla Welcomes Ronald S. Herzog

September 17, 2018

Professional Liability Matters

January 10, 2013