Kevin J. O’Connor

Kevin O’Connor is a Partner on the Commercial Litigation Team at Peckar & Abramson, P.C. and serves as Co-Chair of the firm's Labor and Employment practice. Mr. O’Connor is a seasoned trial lawyer with a focus on employment defense, business and commercial litigation, including complex construction disputes. He represents clients in state and federal trial and appellate courts across the country as well as in alternative dispute resolution forums such as arbitration and mediation.

Kevin J. O’Connor

Co-Chair - Labor and Employment Practice

T

201.343.3434

F

201.343.6306

“Our Commercial Litigation Practice Group strives to provide solutions that will help your business succeed in the long run.”

Bio

Mr. O’Connor has extensive experience in the areas of EPLI and D&O defense; class action defense; partnership and corporate dissolutions; construction litigation; unfair competition; restrictive covenant and trade secret litigation; RICO and securities law defense and Computer Fraud & Abuse Act and Computer Related Offenses Act claims. In 2019, Mr. O’Connor was elected as a Fellow of the American Bar Foundation which is a global honorary society of attorneys, judges, law faculty and legal scholars whose public and private careers
have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. This prestigious distinction is limited to one percent of lawyers licensed to practice in a given jurisdiction.

In 2016, Mr. O’Connor was invited to join the Claims and Litigation Management Alliance (“CLM”) in which he remains an active participant. Mr. O’Connor is also an active member of the Defense Research Institute’s Retail & Hospitality, Employment Law, and Construction Law Committees. He is a frequent lecturer on employment and construction law issues and has published numerous articles in those areas.

Mr. O’Connor received his Bachelor of Arts degree from Montclair State University and his Juris Doctor from Rutgers University School of Law, where he served as Editor-in-Chief of the Rutgers Law Review.

Practice

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 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

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

America Bar Association, Labor and Employment Litigation Sections

New Jersey Bar Association, Labor and Employment and Construction Law Sections

Morris County Bar Association

Defense Research Institute, 1996 to present

New Jersey Business and Industry Association, 2015 to present

Education

Montclair State University, B.A.

Rutgers University School of Law, J.D.

Awards and Recognitions

New Jersey Super Lawyers 2017 - 2018

Fellow, American Bar Foundation, 2019 - Present

Publications & Presentations

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

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

"The Evidentiary Impact of EEOC Reasonable Cause Determination," DRI In - House Quarterly, August 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. Curtiss-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, Aug. 13, 2012.

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

“Pitfalls of Litigating Claims Under the Computer Fraud and Abuse Act and New Jersey Computer Related Offenses Act,” New Jersey Law Journal, April 18, 2011.

Co-author, “Sword or Shield: N.J.'s Consumer Fraud Act in Construction Litigation,” New Jersey Law Journal, Oct. 18, 2010.

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

“Lost Wage Claims and the Whistleblower Act,” New Jersey Law Journal, Dec. 5, 2011.

Contributing Author, Virginia Construction Law, West 2008.