Whether my client is a large corporation or a small business, there’s a person on the other end of the phone trusting me to help them.  As a matter of personal integrity, a client’s commitment to me demands an unwavering reciprocal commitment.  I have to be available 24/7 because the client’s issue is a constant for them, and there’s no other way to properly do my job.  Taking ownership of the client’s problem means you’re never outworked, never distracted, and never satisfied until the client shakes your hand for a job well done.      

Mr. Hertzberg focuses his practice on commercial litigation, construction, employment and professional liability defense.  He has a broad range of experience litigating complex commercial cases.  Disputes involving franchises, banking, partnerships, insurance, and Chancery practice are familiar territory for him.  As an appointed member of the Supreme Court’s District Ethics Committee, Mr. Hertzberg is trusted to investigate and adjudicate lawyer conduct to ensure compliance with standards of integrity in the profession.

Honors & Awards

  • Listed in Super Lawyers - New Jersey Edition (a Thompson Reuters business) (2009-2011) and Super Lawyers - Business Edition (a Thompson Reuters business) (2012) in the Business Litigation practice area
  • Martindale-Hubbell® Peer Review Rated AV® Preeminent (a trademark of Internet Brands, Inc.) (2005 – present)
  • Listed in Who's Who in America (published by Marquis Who's Who LLC) (63rd Edition)
  • Listed in Who’s Who in American Law (published by Marquis Who's Who LLC) (7th Edition)
  • Member, Phi Beta Kappa

A description of the standard or methodology on which the accolades are based can be found HERE. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Representative Matters

  • Reed v. Empire Auto Parts, Inc.:  Successfully defended a regional distributor of automobile parts in a putative class action in the United States District Court for the District of New Jersey.  In denying plaintiff’s motion to certify a class, the Court adopted Mr. Hertzberg’s argument that class treatment was inappropriate because the potential class members did not necessarily share a common experience. That the Court rejected plaintiff’s application is noteworthy because under the federal Fair Labor Standards Act (FSLA), which governs the case, class certification is liberally granted. 

  • Finderne Management Co., Inc. v. Barrett: Successfully defended actuarial consulting firm in multimillion dollar case involving plaintiffs’ enrollment in an allegedly fraudulent tax and insurance program. In affirming the lower court, the Appellate Division determined, among other things, that the New Jersey Consumer Fraud Act was inapplicable because the financial planning at issue did not constitute a consumer transaction. In addition, the court found out-of-pocket loss to be the appropriate measure of damages for an action based on failure of an insurance program to meet its represented goals, rejecting a benefit of the bargain analysis.
  • Cetel v. Kirwan Financial Group: Successfully defended actuarial consulting firm in multimillion dollar case in which plaintiffs alleged they were sold a fraudulent tax and insurance planning program designed by the actuarial firm. Plaintiffs’ claims sounded in violations of ERISA, Federal RICO, New Jersey RICO, the New Jersey Consumer Fraud Act, as well as state common law claims. In affirming summary judgment dismissing plaintiffs’ claims, the Third Circuit determined, among other things, that the New Jersey Supreme Court would likely look to Federal RICO jurisprudence in construing unsettled aspects of the New Jersey RICO statute.
  • Glass v. Suburban Restoration: Successfully defended attorney in professional negligence action. The Appellate Division upheld the dismissal of claims against the attorney, finding that the complainant’s delay warranted striking its expert report, and that the complainant’s allegations did not fall within the common knowledge exception.
  • Alan J. Cornblatt, P.A. v. Barow:  Primarily responsible for handling case at the trial level and prepared submissions to the Supreme Court and Appellate Division in this seminal matter defining the scope of the affidavit of merit statute.
  • Sarwari v. BP Prods. N.A. Inc.: Served as co-counsel for nearly 40 franchised gasoline station owners. Succeeded in obtaining an injunction to restrain one of the world’s largest petroleum companies from terminating its New Jersey franchisees.

Uniquely NJ

  • Member, Supreme Court of New Jersey District VIII Ethics Committee; appointed by the Court to investigate and prosecute complex attorney disciplinary cases

  • Member, New Jersey State Bar Association
  • Member, Trial Attorneys of New Jersey
  • Member, Middlesex County Bar Association
  • Member, Somerset County Bar Association
View Expanded Bio

More Activities & Experience

  • Member, American Bar Association
  • Member, Columbia Law School Alumni Association

Publications & Alerts

View Abbreviated Bio


Practice Groups


Columbia University Law School, J.D., 1988

Lafayette College, A.B., magna cum laude, 1985 

Bar Admissions

  • New Jersey, 1988
  • New York, 1989
  • U.S. District Court, District of New Jersey, 1989
  • U.S. District Court, Southern and Eastern Districts of New York, 1989

Richard L. Hertzberg Martindale-Hubbell Peer Review Rated AV Preeminent

A description of the standard or methodology on which the accolades are based can be found HERE. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.