Robert N. Holtzman

Partner

New York

T 212.715.9513 F 212.715.8035

[email protected]

Robert N. Holtzman represents employers in employment law and executive compensation matters and is Co-chair of Kramer Levin’s Executive Compensation practice. Robert counsels employers regarding the full range of legal and business issues that touch upon or concern the employment relationship, including advisory matters involving investigations of discrimination and whistleblower complaints, the design and implementation of appropriate policies and practices and employment issues that arise in connection with corporate transactions. He also designs and conducts training of managers and other employees.

When disputes arise, Robert represents employers in litigation in federal and state court, as well as in administrative proceedings and arbitrations, and in connection with virtually every type of claim that may be asserted by employees – discrimination on the basis of age, race, color, gender, sexual preference, disability and national origin; retaliation; whistleblower claims; claims under the Fair Labor Standards Act and the New York Labor Law; breach of contract; enforcement of restrictive covenants; wrongful discharge; and a wide variety of tort claims. He also has represented employers and senior executives in class action litigations alleging sexual harassment, gender discrimination, pregnancy discrimination and wage and hour violations.

Robert advises and represents companies and executives in connection with the design, implementation, drafting and negotiation of executive compensation arrangements, including employment, severance/separation, change-in-control, noncompetition, non-solicitation and nondisclosure agreements. He also represents private equity funds and companies in the design and drafting of equity and other incentive compensation arrangements. Robert also regularly represents buyers, sellers and management teams in connection with mergers and acquisitions, and other transactions.

Among his most notable recent work, Robert represented a Big Four accounting firm in connection with an action commenced by a competitor arising out of its hiring of a team of former employees; Roto-Rooter Services Co. in connection with a class and collective action alleging violations of the wage and hours laws of multiple states; and a prominent financial institution in connection with a

Attorney Advertising. ©2021 KRAMER LEVIN NAFTALIS & FRANKEL LLP Prior results do not guarantee a similar outcome. All Rights Reserved. claim of gender discrimination and sexual harassment. He also represented a $10 billion hedge fund in connection with the exit of one of its founding partners, and advised an asset manager with more than $25 billion in assets under management in connection with the restructuring of its restrictive covenants and long-term incentive compensation arrangements.

Legal 500 US has repeatedly recognized Robert in the area of employment law.

Experience

 Advised Alliant Insurance Services, a leading distributor of diversified insurance products and services in the U.S., in its acquisition of Confie, the largest personal lines insurance distributor in the U.S.

 Advised Paine Schwartz Partners in its acquisition of Kynetec, an agricultural and market research company.

 Represented Stone Point Capital LLC in a strategic investment by funds managed by Stone Point Capital in Allied Benefit Systems LLC, a leading independent third-party administrator of group health benefits to self-insured employers.

 Advising Sentinel Capital Partners in the sale of Pet Supplies to Franchise Group Inc., an all cash transaction valued at approximately $700 million.

 Advising BlackRock, Inc. in its definitive agreement to acquire Aperio Group LLC, a pioneer in customizing tax-optimized index equity separately managed accounts, from Golden Gate Capital for $1.05 billion.

 Represented Stone Point Capital LLC in its acquisition, along with GreyLion Capital, of Hyphen Solutions, the leading provider of cloud-based residential construction management software.

 Advised Stone Point Capital and its Trident funds in the acquisition of PrismHR, a leading HR technology platform.

 Represented Paine Schwartz Partners, a global leader in sustainable food chain investment, in establishing an Animal Health & Nutrition investment platform, AH&N Holdco Inc., with a strategic acquisition in Warburton Technology Limited, a leading producer of trace-mineral injections for cattle.

 Represented Waterfall Asset Management in connection with its acquisition of a controlling interest in Flex Fleet Rental, a leading provider of medium-term truck rentals to commercial customers.

 Represented Jun Group Productions in its sale to Advantage Solutions.

 Advised Stone Point Capital in an agreement by which funds managed by Stone Point acquired Sabal Capital Partners LLC.

KRAMER LEVIN NAFTALIS & FRANKEL LLP 2  Represented Brown (RI) Investment Company LLC and MyOfficeProducts Holdings Inc. in the sale of their subsidiaries, HiTouch Business Services LLC and MyOfficeProducts LLC, to Staples Inc.

 Advised Stone Point Capital and its Trident funds in an investment in Gordon Brothers Group LLC, a global advisory, restructuring and investment firm specializing in the industrial, consumer products and retail sectors.

 Represented Alliant Insurance Services, the largest specialty insurance brokerage firm in the U.S., in its agreement to acquire Crystal & Company, a leading global provider of insurance and employee benefits consulting services.

 Represented Stone Point Capital in its acquisition of LegalShield, a subscription-based provider of legal plans and a provider of identity theft solutions, from funds controlled by MidOcean Partners.

 Represented a Big Four accounting firm in connection with an action commenced by a competitor arising out of its hiring of a team of former employees.

 Represented Roto Rooter Services Co. in connection with a class and collective action alleging violations of the wage and hours laws of twelve states and a parallel class arbitration proceeding.

 Represented a prominent financial institution in connection with a claim of gender discrimination and sexual harassment.

 Represented a $10 billion hedge fund in connection with the exit of one of its founding partners.

 Represented an asset manager with more than $25 billion in assets under management in connection with the restructuring of its restrictive covenants and long-term incentive compensation arrangements.

 Advised Stone Point Capital in the acquisition of Clark Consulting, the bank-owned life insurance distribution and servicing unit of Aegon USA LLC by Greenspoint, a newly formed joint venture between funds managed by Stone Point Capital LLC and A2 Capital Insurance Services.

 Advised The NPD Group, Inc. in the sale of its DisplaySearch and Solarbuzz businesses to IHS Inc.

 Advised Millennium Partners in the sale of its Sports Club/LA and Reebok Sports Club/NY health and fitness club business and certain related assets to Equinox Fitness for approximately $110 million.

 Advised Stone Point Capital in the acquisition of LTCG Holdings Corp., the parent of Long Term Care Group Inc., the recognized leader in business process outsourcing for long-term care insurance.

 Represented chief executive officer of private company in connection with sale to a new private equity sponsor, including associated employment, incentive, and investment documents.

KRAMER LEVIN NAFTALIS & FRANKEL LLP 3  Represented Del Monte Pacific Limited in connection with employment issues arising out of its $1.7B acquisition of the consumer foods business of Del Monte Corporation.

 Represented acquiror in connection with negotiation of new employment and executive compensation arrangements with executive management team.

 Represented an employer and its chief executive officer in class action alleging sexual harassment and wage and hour violations.

 Advised a broker-dealer in connection with the wind-down of its business and termination of operations.

 Successfully represented a partner in an arbitration proceeding arising out of a failed business. Obtained an award fully exonerating the partner and awarding damages and attorneys’ fees for breaches by and conduct of the other partners.

 Represented a large New York City hospital in connection with the wind-down of its operations, including the layoffs of thousands of employees.

Perspectives

Publications  Co-author, Amendments to the NYC Fair Chance Act and New Legal Enforcement Guidance Require City Employers to Substantially Change Their Background Check Protocols (Aug. 06, 2021)

 Co-author, COVID-19 Legal Resource Guide, Everything Employers Always Wanted to Know About Vaccines — and So Much More (May 11, 2021)

 Co-author, New York State Addresses a Chronic Issue: Employees Granted Protections for Off- Duty Cannabis Use (April 29, 2021)

 Author, NYC Amends Earned Safe and Sick Time Act to Correspond to NY State’s New Sick Leave Law and Imposes Additional Notice and Other Requirements (Oct. 07, 2020)

 Co-author, COVID-19 Legal Resource Guide, What’s Next? Practical Considerations for Employers Facing Continued Uncertainty Regarding COVID-19 (Aug. 10, 2020)

 Co-author, When Blue Penciling Fails to Come to the Rescue: New York Federal Court Refuses Partial Enforcement of Restrictive Covenant (July 01, 2020)

 Co-author, COVID-19 Legal Resource Guide, What Now? New York Employers Need to Comply With New Legal Guidance as They Plan for a Return to the Office (June 15, 2020)

 Co-author, COVID-19 Legal Resource Guide, Planning for What’s Next: Returning to the Workplace During COVID-19 (May 08, 2020)

KRAMER LEVIN NAFTALIS & FRANKEL LLP 4  Co-author, COVID-19 Legal Resource Guide, Employers React to COVID-19 – The CARES Act and Expanded Emergency Paid Sick and Family Leave (March 30, 2020)

 Co-author, COVID-19 Legal Resource Guide, Employers Required to Post Notice Regarding Leave Options, Employer Opportunities Under the CARES Act and New Guidance on Paid COVID-19 Leave (March 30, 2020)

 Co-author, COVID-19 Update: Payroll Tax Credits for Paid Sick Leave and Child Care Leave Authorized for Eligible Employers with Workers Impacted by the COVID-19 Pandemic (March 24, 2020)

 Co-author, COVID-19 Legal Resource Guide, Payroll Tax Credits for Paid Sick Leave and Child Care Leave Authorized for Eligible Employers with Workers Impacted by the COVID-19 Pandemic (March 24, 2020)

 Author, COVID-19 Update: New York Requires Nonessential Employers to Send All Employees Home (March 21, 2020)

 Co-author, COVID-19 Legal Resource Guide, New York Requires Nonessential Employers to Send All Employees Home (March 21, 2020)

 Co-author, COVID-19 Update: New York Requires Employers To Cut In-Person Workforce at Each Location by 75% (March 20, 2020)

 Co-author, COVID-19 Legal Resource Guide, New York Requires Employers To Cut In-Person Workforce at Each Location by 75% (March 20, 2020)

 Co-author, New US and New York Paid Sick Leave and Paid Family Leave Requirements in the Age of COVID-19 (March 19, 2020)

 Co-author, COVID-19 Legal Resource Guide, New US and New York Paid Sick Leave and Paid Family Leave Requirements in the Age of COVID-19 (March 19, 2020)

 Co-author, Employment Implications of COVID-19 (March 16, 2020)

 Co-author, COVID-19 Legal Resource Guide, Employment Implications of COVID-19 (March 16, 2020)

 Co-author, COVID-19 Legal Resource Guide, Legal Issues Affecting Your Business Amid the Coronavirus Outbreak and Market Turmoil (March 16, 2020)

 Co-author, EEOC Retracts Long-standing Policy Against Binding Arbitration in Bias Cases (Dec. 23, 2019)

 Co-author, That’s Final: Department of Labor Issues Final Rule Increasing Salary Thresholds for Exempt Employees, including Highly Compensated Employees (Sept. 27, 2019)

KRAMER LEVIN NAFTALIS & FRANKEL LLP 5  Co-author, Significant Amendments to NYS Anti-Discrimination and Anti-Harassment Laws Go Into Effect (Aug. 16, 2019)

 Co-author, New York State Adopts Additional Laws to Combat Discrimination and Harassment (July 22, 2019)

 Co-author, NYC Commission on Human Rights Issues New Guidance Regarding Discrimination Based on Hair and Hairstyles (March 11, 2019)

 Co-author, A Year in Review: A Recap of 2018 Changes to Employment Laws Affecting New York Employers (Feb. 26, 2019)

 Co-author, City Protections Expand While State Law Plays Catch-Up: New Employee Protections for Gender Identity and Expression and Sexual and Reproductive Health Decisions (Feb. 13, 2019)

 Co-author, New Year, New Employee Handbook! Is Your Employee Handbook Up to Date? (Jan. 29, 2019)

 Co-author, Changes to New York City Lactation Room Laws Place Additional Obligations on Employers (Nov. 26, 2018)

 Co-author, Yet Again, New York City Amends Earned Safe and Sick Time Rules and FAQs (Oct. 22, 2018)

 Co-author, New Requirements for Memorializing the Interactive Process Under the NYCHRL: Engaging in a Cooperative Dialogue (Oct. 17, 2018)

 Co-author, Better Safe Than Sorry: Employers Rush to Comply With New York City’s Amended Earned Safe and Sick Time Act (May 23, 2018)

 Co-author, Supreme Court Rules That Dodd-Frank’s Anti-Retaliation Provision Does Not Protect Internal Whistleblowers (Feb. 27, 2018)

 Co-author, Can You Hear Me Now? No-Recording Policies Violate the NLRA (July 05, 2017)

 Co-author, New York City Firms Face Restrictions on Compensation Questions During Hiring (June 01, 2017)

 Co-author, New York City Passes Legislation Banning Salary History Inquiries During Interview Process (April 11, 2017)

 Author, New York State Substantially Increases Salary Thresholds for Exempt Employees (Jan. 04, 2017)

 Author, OCIE Examining Advisers’ and Broker-Dealers’ Whistleblower Compliance (Dec. 01, 2016)

 Co-author, Is It Time to Rethink Non-Competition Agreements? (Nov. 10, 2016)

KRAMER LEVIN NAFTALIS & FRANKEL LLP 6  Co-author, Are Class Action Waivers Enforceable? Until the Supreme Court Rules, It Depends Where You Are Located (Nov. 08, 2016)

 Co-author, Employee’s Failure to Cooperate With Internal Investigation — in the Face of Potential Criminal Charges — Constitutes Cause for Termination (Nov. 08, 2016)

 Co-author, Employers Must Take Action to Reap the Full Benefits of the Defend Trade Secrets Act (Nov. 08, 2016)

 Co-author, Fifth Circuit Increases Burden on Employers and Opens the Door to Monetary Damages in Pattern and Practice Cases (Nov. 08, 2016)

 Co-author, FINRA Rejects Forum Selection Provisions That Prohibit Bringing Arbitration Claims Before FINRA (Nov. 08, 2016)

 Co-author, NYC Issues Guidance Providing Expansive Rights to Pregnant Individuals and New Mothers in the Workplace (Nov. 08, 2016)

 Co-author, NYC Passes Revised Sick Leave Rules — and This Time You Won’t Need a Pain Reliever (Nov. 08, 2016)

 Co-author, Spotlight on Harassment Prevention: EEOC Issues New Report (Nov. 08, 2016)

 Co-author, Spring Forward or Fall Back: Supreme Court Determines the Clock on Constructive Discharge Claims Now Begins at Resignation (Nov. 08, 2016)

 Co-author, The EEOC Offers Some EEO-1 Relief (Nov. 08, 2016)

 Co-author, FINRA Reminds Broker-Dealers of Predispute Agreement Responsibilities (Sept. 01, 2016)

 Co-author, Employers Must Take Action to Reap the Full Benefits of the Defend Trade Secrets Act (Aug. 01, 2016)

 Author, Employment Law Update: May 2016 (May 2016)

 Co-author, Employment Law Update: December 2015 (Dec. 07, 2015)

 Author, Recent Developments Require Employers to Redraft Employee Confidentiality Agreements to Explicitly Permit Reporting to Governmental Agencies and FINRA (July 20, 2015)

 Co-author, Employment Law Update: April 2015 (April 28, 2015)

 Co-author, Employment Law Alert: New York Wage Theft Prevention Act -- Annual Notice Requirement Rescinded (Jan. 05, 2015)

 Co-author, Employment Law Update: June 2014 (June 11, 2014)

 Co-author, Supreme Court Continues Trend of Carving Back Class Actions (Nov. 01, 2013)

KRAMER LEVIN NAFTALIS & FRANKEL LLP 7  Co-author, Funds Talk: October 2013 (Oct. 14, 2013)

 Co-author, Employment Law Update: October 2013 (Oct. 07, 2013)

 Co-author, Funds Talk: September 2013 (Sept. 17, 2013)

 Co-author, Funds Talk: April 2013 (April 2013)

 Co-author, Funds Talk: December 2012 (Dec. 06, 2012)

 Co-author, EEOC’s New Guidance Regarding The Use Of Arrest And Conviction Records: Background Screening Practices Take The Foreground (Dec. 01, 2012)

 Co-author, Employment Law Update: November 2012 (Nov. 12, 2012)

 Co-author, Waivers of Class and Collective Claims in Arbitration Agreements: Recent Developments (Nov. 01, 2012)

 Co-author, The NLRB Gives All Employers Cause for Concern (Sept. 01, 2012)

 Co-author, Employment Law Update: July 2012 (July 01, 2012)

 Author, Using Restrictive Covenants to Protect Alternative Asset Managers (June 01, 2012)

 Co-author, Funds Talk: May 2012 (May 04, 2012)

 Co-author, Funds Talk: April 2012 (April 12, 2012)

 Co-author, Employment Law Alert: New York Wage Theft Prevention Act -- February 1 Deadline for Compliance Approaching (Jan. 18, 2012)

 Co-author, Funds Talk: January 2012 (Jan. 18, 2012)

 Co-author, Social Media in the Workplace - No LOLing Matter (Nov. 10, 2011)

 Co-author, Break Out Those Arbitration Agreements: United States Supreme Court Issues Another Pro-Arbitration Decision (November 2011)

 Co-author, Employment Law Update: October 2011 (October 2011)

 Author, Using Restrictive Covenants to Protect Alternative Asset Managers (Sept. 20, 2011)

 Co-author, Employee Use of Employer-Owned Computers: When is the Attorney-Client Privilege Waived? (June 01, 2011)

 Co-author, NLRB Says Comments on Facebook Constitute Protected Activity (June 01, 2011)

 Co-author, Additional Burdens for New York State Employers: The New York State Wage Theft Prevention Act (May 2011)

 Co-author, Employment Law Update: December 2010 (Dec. 01, 2010)

KRAMER LEVIN NAFTALIS & FRANKEL LLP 8  Co-author, Arbitration Update: Favorable Developments for Employers (Nov. 01, 2010)

 Co-author, New York Department of Labor Interprets Section 193 of Labor Law as Forbidding Deductions from Wages for Amounts Owed to an Employer (Nov. 01, 2010)

 Co-author, Employment Law Update: August 2010 (August 2010)

 Co-author, Time For Employers To Review Their Severance Agreements: The EEOC's Recently- Issued Guidance Regarding Releases (February 2010)

 Co-author, Employment Law Update: February 2010 (Jan. 27, 2010)

Speaking Engagements  Panelist, MFA’s Legal and Compliance 2021 (July 13, 2021)

 Speaker, Kramer Levin Webinar: Flexible Work Arrangements — Employment Law and Tax Implications (April 13, 2021)

 Speaker, Institutional Investor’s Legal Forum 2020 Virtual Fall Roundtable (Oct. 08, 2020)

 Panelist, Managed Funds Association’s COO Forum (Oct. 07, 2020)

 Speaker, Managed Funds Association’s General Counsel Forum: COVID-19 Return to Work Issues (June 25, 2020)

 Speaker, MFA COO Forum Teleconference: Return to Office Preparations – Session 2 (May 11, 2020)

 Panelist, NYSBA’s Commercial Litigation Academy 2019 (Nov. 14-15, 2019)

 Speaker, Managed Funds Association’s Human Capital Forum (Oct. 24, 2019)

 Speaker, Managed Funds Association’s General Counsel Forum (Sept. 12, 2019)

 Moderator, New York State Bar Association’s Motion Practice Before the Commercial Division, NY County (June 05, 2019)

 Speaker, New York City Bar’s Employment Law Institute (March 08, 2019)

 Program Chair, New York State Bar Association: Commercial and Federal Litigation Section Spring Meeting (May 04, 2018)

 Speaker, Institutional Investor Legal Forum 2018 Winter Roundtable: The Changing Landscape for Employment Law (Feb. 27, 2018)

 Speaker, Employment Law Allicance's Year in Review Webinar: Key US Employment Law Developments and What to Expect in 2018 (Jan. 10, 2018)

 Speaker, Practical Tips to Achieve Success in Mediating Employment Disputes (Oct. 13, 2016)

KRAMER LEVIN NAFTALIS & FRANKEL LLP 9  Speaker, How to Litigate Non-competes and Other Disputes Over Restrictive Covenants (Sept. 27, 2016)

 Speaker, New York Judicial Institute: “The Law of Non-Competition, Non-Solicitation and Nondisclosure Agreements” (June 02, 2016)

 Speaker, New York City Bar Association Employment Law Institute: “Litigating Non-Competes and Other Restrictive Covenant Disputes” (March 11, 2016)

 Speaker, Employment Law Alliance Webinar: “A Year in Review: Key U.S. Employment Law Developments” (Feb. 16, 2014)

 Speaker, Employment Law Successor Liability Issues in Asset Purchase Transactions, Private Audience (Oct. 25, 2013)

 Speaker, National Alliance on Mental Illness: Workplace Mental Health Summit (June 18, 2013)

 Speaker, Employment Law Alliance Webinar: "Hot Topics in U.S. Wage and Hour Law" (April 19, 2012)

 Speaker, Employment Law Alliance Webinar: "Labor and Employment Issues Triggered by Mergers and Acquisitions" (Oct. 19, 2010)

 Speaker, Kramer Levin Seminar: "Turning Out the Lights: Navigating the Wind-Down of a Business" (Jan. 12, 2010)

Recognition

 Benchmark Litigation: Labor and Employment Star (2020-2021)

 Woodward White Inc.’s Best Lawyers in America* (2012 - 2021)

 Thomson Reuters’ New York Super Lawyers* (2008-2020)

 Legalease’s Legal 500 US (2010 - 2014, 2016 - 2018)

Credentials

Education  J.D., Columbia Law School, 1992

 Editor, Columbia Law Review, 1991-1992

 Harlan Fiske Stone Scholar

 B.A., Economics, summa cum laude, University of Pennsylvania, 1989

Bar Admissions  New Jersey, 1993

KRAMER LEVIN NAFTALIS & FRANKEL LLP 10  New York, 1993

Clerkships  Honorable Peter K. Leisure, U.S.D.C., Southern District of New York, 1992-1993

Court Admissions  U.S. Supreme Court

 U.S.C.A., 2nd Circuit

 U.S.C.A., 6th Circuit

 U.S.D.C., District of Connecticut

 U.S.D.C., District of New Jersey

 U.S.D.C., Eastern District of Michigan

 U.S.D.C., Eastern District of New York

 U.S.D.C., Southern District of New York

Professional Affiliations  New York State Bar Association: Chair, Commercial and Federal Litigation Section; Member, Executive Committee, Commercial and Federal Litigation Section; Member, Labor and Employment Section

 American Bar Association: Member, Labor and Employment Law Section

 New York City Bar Association

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