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. Kevin 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.
Co-Chair - Labor and Employment Practice
“Our Commercial Litigation Practice Group strives to provide solutions that will help your business succeed in the long run.”
Kevin 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, Kevin 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, Kevin was invited to join the Claims and Litigation Management Alliance (“CLM”) in which he remains an active participant. Kevin 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.
Kevin 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.
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
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)
Montclair State University, B.A.
Rutgers University School of Law, J.D.
New Jersey Super Lawyers, 2017 - 2020
Best Lawyers, 2020 - 2021
Fellow, American Bar Foundation, 2019 - Present
“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