Ronald M. Neumann, Of Counsel

Attorney Ronald M. Neumann

Ronald Neumann is an experienced litigator and former Manhattan-based prosecutor who has successfully handled civil and criminal jury and non-trial trials. Ronald brings practical experience with big and small law firms, in-house service with an international bank and four years as an Assistant District Attorney in Manhattan.

Ronald’s winning approach to conflict resolution starts with forum selection, counseling clients among options that include timely removal to federal court, reassignment to a Commercial Division judge, compelling arbitration or engaging in early mediation.

ZEK’s clients have benefited from Ronald’s trial expertise and creative, out-of-the-box thinking to forestall threatened litigation or end it at the earliest possible stage through effective strategic planning, successful motion practice or mediation.

Through effective appellate advocacy, Ronald has preserved clients’ victories at the trial court level, including a case in the Second Circuit Court of Appeals that has become the leading federal case on enforcement of the Uniform Commercial Code’s presentment warranty against depositary banks.

Ronald graduated with Honors from Yale College and received his J.D. from New York University Law School, where he was a Notes and Comments Editor on the Law Review, a member of the Order of the Coif and a Root-Tilden Scholar.

Previously, he was with the law firm Simpson Thacher & Bartlett, and was the Deputy General Counsel at Bank Leumi USA for 10 years, where he headed the in-house Litigation Department.

PRACTICE AREAS

Bank Litigation – Clients and adversaries alike recognize Ronald’s expertise and reputation for handling complex disputes involving bank payments, including checks, wire transfers, Zelle, ATM withdrawals, letters of credit and newer electronic products such as remote deposit capture. Ronald has successfully litigated cases governed by the Uniform Commercial Code, the Electronic Funds Transfer Act, Regulation E, the Fair Debt Collection Practices Act, the Federal Credit Reporting Act, ECCO and the NACHA Rules.

Class Action Litigation – Ronald has successfully represented clients in opposing class action certification as well and in establishing lack of personal and subject matter jurisdiction in significant class action litigation involving banks and consumer product corporations.

Bankruptcy Litigation – Ronald has successfully represented clients in defending preference actions, in obtaining relief from the automatic stay and in negotiating settlement agreements governing distribution of insurance proceeds.

Other Commercial Litigation – Ronald has successfully litigated contract and tort actions in state and federal court for banking, manufacturing and individual clients.

Mediation and Arbitration – are often the most cost-effective means of dispute resolution. Ronald has successfully resolved litigation matters through mediation and arbitration before the American Arbitration Association and JAMS as well as in mediation before federal magistrates and court-appointed neutrals in state court. Ronald’s experience in designating an appropriate forum and then selecting a well-suited mediator or arbitrator from the given panel has led to favorable outcomes for clients in commercial and consumer cases.

OTHER PROFESSIONAL ACTIVITES

Ronald has presented programs at the New York City Bar Association, the American Corporate Counsel Association and to in-house Legal Departments on topics including, civil litigation, lender liability, Uniform Commercial Code, ACH payments, evidence and litigation management.

PUBLIC SERVICE

Ronald served for many years as a director for the non-profit legal services provider Mobilization for Justice (formerly Mobilization for Youth).

Ronald also has litigated on behalf of clients of the Sanctuary for Families in Family Court domestic violence cases and presently serves as co-chair of the Legal Advisory Council for the Sanctuary.

Ronald has served multiple terms as President of his Homeowners’ Association in Manhattan and on Long Island.

Representative reported cases:

  • Zaidi v. JPMorgan Chase Bank, N.A., 2021 U.S. Dist. LEXIS 42379 (E.D.N.Y. March 5, 2021) (dismissing Electronic Funds Transfer Act and common law claims alleging unauthorized debits from customer’s account)
  • Burke & Sullivan, PLLC v. JPMorgan Chase Bank, 190 A.D.3d 814 (2d Dep’t 2021) (affirming dismissal of complaint alleging common law causes of action based on unauthorized transfer from law firm’s accounts by its client because these transfers were not the proximate cause of plaintiff’s alleged damages)
  • Wellton Int’l Express v. Bank of China (Hong Kong), 2020 U.S. Dist. LEXIS 59224 (S.D.N.Y. April 3, 2020) (dismissing UCC claim against bank that accepted proceeds of fraudulently induced wire transfer)
  • OneWest Bank, FSB v. Deutsche Bank Nat’l Trust Co., 186 A.D.3d 92 (1st Dep’t 2020) (in case involving conversion of official check, complaint against drawee bank dismissed as time-barred by applicable statute of limitations)
  • Targoff v. Wells Fargo Bank, N.A., 67 Misc. 3d 504 (Sup. Ct. Westchester Cnty. 2019) (dismissing UCC and negligence claims against bank that accepted proceeds of fraudulent wire transfer from plaintiff’s account)
  • Indoafric Exports Private Ltd. Co. v. Citibank, N.A., 2017 U.S. App. LEXIS 16729 (2d Cir. 2017), aff’g 2016 U.S. Dist. LEXIS 163005 (S.D.N.Y. Nov. 7, 2016) (dismissing complaint alleging improper dishonor of letter of credit as time-barred by applicable statute of limitations),
  • Sabeniano v. Citibank, N.A., 2017 U.S. Dist. LEXIS 143328 (S.D.N.Y. Sept. 1, 2017) (dismissing complaint to enforce foreign judgment);
  • J. Walter Thompson USA v. Bank of America Corp., 518 F.3d 128 (2d Cir. 2008), aff’g 2006 U.S. Dist. LEXIS 8030 (S.D.N.Y. March 1, 2006) (enforcing payor bank’s presentment warranty claim against bank that accepted altered check for deposit)
  • Option One Mortgage Corp. v. J.P. Morgan Chase & Co., 93 A.D.3d 480 (1st Dep’t 2012) (dismissing UCC and common law claims for conversion against bank that accepted insurance proceeds, holding that mortgagee’s foreclosure of subject property without obtaining deficiency judgment terminated rights against prior owners who deposited check and failed to use funds to repair casualty damage)
  • DMDB Adults v. Bank of America, 98 A.D.3d 903 (1st Dep’t 2012) (dismissing claims of unauthorized debits by dishonest bookkeeper based on UCC and deposit agreement defenses under New Jersey law)
  • Myers v. Bimbo Bakeries USA, Inc., 2011 U.S. Dist. LEXIS 34196 (E.D.N.Y. Feb. 10, 2011) (dismissing claim that employer failed to honor income execution), adopted 2011 U.S. Dist. LEXIS 34224 (E.D.N.Y. March 30, 2011)
  • Dobroshi v. Bank of America, N.A., 65 A.D.3d 882 (1st Dep’t 2009) (Dismissing class action allegations of borrower-plaintiff complaining of excessive closing costs)
  • Kwiatkowski v. J.P.Morgan Chase & Co., 2004 U.S. App. LEXIS 10089 (2d Cir. May 21, 2004) (dismissing complaint alleging national origin discrimination under Equal Credit Opportunity Act for denial of SBA loan)
  • In re Worldcom, 2003 Bankr. LEXIS 2440 (S.D.N.Y. Bankr. Ct. Jan. 23, 2003) (obtaining relief from the automatic stay to apply cash collateral to reimburse Debtor’s obligations under a letter of credit)