Kevin J. O’Connor

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Kevin J. O’Connor

Chair - Business Litigation

River Edge, NJ

P +1 201.343.3434

F +1 201.343.6306

"Our Business Litigation practice group strives to provide solutions that will help your business succeed in the long run."

Bio

Highlights

Admissions

State of New Jersey

State of New York

State of Pennsylvania

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Third Circuit

United States District Court for the District of New Jersey

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States District Court for the Western District of New York

United States District Court for the Eastern District of Pennsylvania

Memberships

Morris County Bar Association

Commerce and Industry Association of New Jersey

Claims and Litigation Management Alliance (2016 - present)

District XA Ethics Committee (Member- Morris & Sussex, 2007 - present)

America Bar Association (Labor and Employment Litigation Sections)

New Jersey Bar Association (Labor and Employment and Construction Law Sections)

Defense Research Institute (1996 - present)

New Jersey Business and Industry Association (2015 - present)

Education & Courses

Montclair State University, B.A.

Rutgers University School of Law, J.D.

Awards & Recognitions

Certified Civil Trial Attorney, Supreme Court of New Jersey

New Jersey Super Lawyers, 2017 - 2021

Best Lawyers, 2020 - 2022

Bergen Magazine, Top Lawyer - Labor & Employment, 2020

Fellow, American Bar Foundation, 2019 - Present

NJBIZ Leaders in Law, 2022

New Jersey Law Journal Professional Excellence Award, Mentor, 2022

Publications & Presentations

“Arbitration and NDA’s - Status of Employee Efforts to Contract Away Employee Rights,” 16th Annual Employment Practices Liability Insurance (EPLI) ExecuSummit, Fall Session, September 2022

"Remote Working, Vaccines, COVID-19 and Employer Obligations Under the ADA and State Equivalents,” 2022 CLM Focus: June, June 2022

“Remote Working, Vaccines, and Employer Obligations Under the Americans with Disabilities Act,” Association of Defense Trial Attorneys Webinar, May 2022

“Remote Working, Vaccines and Employer Obligations Under the Americans With Disabilities Act,” New Jersey Staffing Alliance Webinar, March 2022

“Second Circuit Brings Clarity to Scope of “Joint Employer” Theory in Discrimination Cases,” ConsensusDocs Newsletter, April 2022 (Co-Author)

“Top Ten Motions in Limine,” DRI’s For The Defense Magazine, March 2022 (Co-Author)

"U.S. Supreme Court Halts Enforcement of the OSHA Vaccine or Test Mandate," P&A Client Alert, January 2022 (Co-Author)

“Remote Working, Vaccines and Employment Obligations,” DRI, December 2021 (Co-Author)

“New York Legislature Vastly Expands Whistleblower Rights Under New Amendments to Statute,” P&A Client Alert, November 2021 (Co-Author)

“Remote Working, Vaccines and Employment Obligations Under the Americans with Disabilities Act,” P&A Client Alert, October 2021 (Co-Author)

“The Adoption of a COVID-19 Vaccination Policy in the Workplace,” P&A Client Alert, November 2020 (Co-Author)

“Is It Live … Or Is It Virtual?,” Best Lawyer Magazine, September 2020 (Co-Author)

“Whose Employee Is It? Borrowed Servant Agency and Vicarious Liability Damages,” CLM Workers Compensation and Retail, Restaurant, and Hospitality Conference, Spring 2020

“OSHA: How to React to a Sick Construction Worker Who is Presumed or Confirmed to be Infected with COVID-19,” DRI Construction Newsletter, April 2020

“The Discoverability and Admissibility of Plaintiff’s Prior Complaints of Discrimination Against Non-Party Employers,” For The Defense Magazine, March 2020 (Co-Author)

“Families First Coronavirus Response Act,” P&A Client Alert, March 2020 (Co-Author)

“Employers Beware: NJ Adopts Comprehensive Wage Theft Law,” P&A Client Alert, August 2019 (Co-Author)

“The Social Security Administration’s “No-Match” Letters are Back, and Employers Must Be Careful,” New Jersey Staffng Alliance, Staffng News Publication, May 2019

“NY Court of Appeals Sustain 13-Hour Rule for Payment of 24-Hour Home Care Workers,” P&A Client Alert, March 2019 (Co-Author)

“New Jersey’s Governor Puts Construction Firms on Formal Notice of His Focus on Misclassification of Workers and Independent Contractors,” P&A Client Alert, May 2018

“Unemployment Benefits for New Jersey Employees Who Resign? – NJ Appellate Division Says Yes, They May Be Eligible,” P&A Client Alert, May 2018

“Best Practices for Protecting the Franchisor’s Brand While Mitigating Risk from Employment Claims,” DRI For The Defense, January 2018

“New York State Department of Labor responds to recent Appellate Division Decisions for 24-Hour Home Care Workers,” P&A Client Alert, October 2017

“Me Too” Evidence in Employment Discrimination Cases, For the Defense,” DRI For The Defense, January 2017

“The Evidentiary Impact of EEOC Reasonable Cause Determinations,” DRI For The Defense, Summer 2014

“Hacking, Wiretapping and Other Misdeeds as Protected Activity,” American Bar Association Section of Litigation, E-Newsletter, Spring 2014

“Employee Theft of Documents and Other Misdeeds: The Limits of Quinlan v. Curtis-Wright,” New Jersey Law Journal, January 2014

“Employee Theft Claims under the CFAA: The Latest Chapter,” American Bar Association E-Newsletter, June 2012

“Untethered Front Pay,” New Jersey Law Journal, August 2012

“Piling On: Admission of “Me Too” Evidence,” American Bar Association Section of Litigation, August 2012

“Lost Wage Claims and the Whistleblower Act,” New Jersey Law Journal, December 2011

“Misappropriating Data to Further a Claim—Theft or Protected Conduct?,” American Bar Association E-Newsletter, Fall 2011

“Pitfalls of Litigating Claims Under the Computer Fraud and Abuse Act and New Jersey Computer Related Offenses Act,” New Jersey Law Journal, April 2011

“Sword or Shield: N.J.’s Consumer Fraud Act in Construction Litigation,” New Jersey Law Journal, October 2010 (Co-Author)

Contributing Author, Virginia Construction Law, West, 2008