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Practice Areas
Bar & Court Admissions
- New Jersey
- New York
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Western District of New York
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Second Circuit
Education
- Seton Hall University School of Law, J.D., 2003
- Fordham University, B.A., 1999
Anthony is the trusted legal advisor you seek for all of your business and personal legal needs. Anthony has built a successful practice in labor and employment law in addition to all varieties of commercial and construction disputes. He has done so by providing a high degree of personal service to his clients. No client's legal problems are the same as the next. Therefore, at the outset of each matter, Anthony's first priority is to understand the client's needs and then tailor the appropriate strategy. He is as comfortable resolving a matter through negotiation as he is litigating a matter all the way through trial and appeal.
Anthony's labor and employment practice encompasses most industries and includes:
- Acting as outside general counsel for all labor and employment issues
- Counseling businesses about their labor and employment issues including personnel discipline and termination decisions, employment handbook preparation and leave issues
- Drafting employment contracts, non-solicitation, non-compete and non-disclosure agreements
- Assisting with or conducting internal investigations
- Advising employers on federal and state wage and hour law issues, including representation in connection with Department of Labor inquiries, investigations and charges
- Responding to state and federal equal employment opportunity administrative proceedings arising out of discrimination or retaliation claims
- Representing businesses, directors, officers and employees in state and federal court against employee claims of unlawful discrimination, harassment, whistleblower, retaliation and wrongful discharge, collective and class actions for wage and hour violations, and breach of employment contracts
- Union issues and collective bargaining agreements
- In particular cases, representing high-level officers, directors, executives, and employees in connection with their separation from their company
Anthony's commercial and construction practice covers businesses of all sizes from small retail operations to global manufacturers and includes:
- Review and drafting of contracts for businesses, project owners, general contractors, subcontractors and suppliers
- Oppressed shareholder and limited liability company member disputes
- Breach of contract and fraud claims arising out of services contracts or the sale of goods contracts under Article Two of the Uniform Commercial Code
- Construction Lien Law claims, mechanics and municipal mechanics lien claims, payment and performance bond claims and trust fund claims
NOTABLE MATTERS
- Espinal v. Pogoriler, 2018 WL 5278706 (D.N.J. Oct. 22, 2018) - counsel to employer in FLSA wage and hour case. Successfully opposed a proposed FLSA settlement between plaintiff and a co-defendant on the grounds that offering cooperation in the civil lawsuit does not offer any consideration for a FLSA settlement.
- Nacirema Demolition & Recycling Inc. v. N.J. Building Laborers Statewide Benefit Funds, 2018 WL 4258124 (D.N.J. Sept. 9, 2018) - counsel to construction company facing a union benefit funds trustees arbitration demand. Obtained a preliminary injunction barring the arbitration from proceeding.
- ONF Systems, LLC v. Cargomatic, Inc., 2018 WL 1087500 (D.N.J. Feb. 27, 2018) - counsel to commercial cargo trucking company facing a civil lawsuit despite the plaintiff’s failure to comply with a condition precedent to suit in the parties’ contract. Obtained a pre-answer dismissal of the lawsuit based upon plaintiff’s failure to comply with the condition precedent to bringing a lawsuit.
- Tigner v. Jersey City Hous. Auth., 2014 WL 6386801 (D.N.J. Nov. 14, 2014) - counsel to a public housing authority in the defense of employment discrimination and whistleblower claims under state law and the First Amendment. Obtained summary judgment dismissing all claims before the matter could proceed to trial.
- Bishop v. Richard Catena Auto Wholesalers, Inc., 2013 WL 2301023 (May 28, 2013) Counsel to automotive enthusiast-purchaser of Rolls Royce automobile in an action under the Consumer Fraud Act. Obtained full refund of purchase price, treble damages, and significant attorneys' fee award with 40% enhancement, all of which was affirmed on appeal by the automotive dealer.
- Momentive Performance Materials USA Inc. v. Astrocosmos Metallurgical, Inc., 2011 WL6219531 (Dec. 13, 2011), 659 F. Supp.2d 332 (N.D.N.Y. 2009), and 2009 WL 1514912 (June 1, 2009) Counsel to chemical manufacturer in a suit for recovery under Article 2 of the UCC against the manufacturer of a significant piece of industrial equipment, and against its sister and parent companies for tortious interference and piercing the corporate veil.
- Jones v. Boyle, 2011 WL 2607168 (D.N.J. Jun. 30, 2011) Counsel to a tri-state area tire distribution business, its owner and two supervisors, facing claims of race-based wage discrimination under Title Vll asserted by a former employee. The court granted summary judgment for all defendants dismissed all claims.
- Van v. Bor. of North Haledon, 2009 WL 181727 (D.N.J. Jun. 22, 2009) Counsel to a municipality and several police officers facing claims of unlawful retaliation and constitutional violations by a former police officer. The court granted summary judgment for the municipality and the police officers and dismissed all claims.
- Hunts Point Multi-Service Center, Inc. v. Bizardi, 45 A.D.3d 481 (1st Dept. 2007) Appellate division reversal of the trial court's denial of a pre-answer motion to dismiss the employee's retaliation claim asserted under the New York City and State Human Rights Laws finding that an internal investigation is not an adverse employment action as a matter of law.
- Cesar v. Highland Care Center, Inc., 37 A.D.3d 393 (3d Dept. 2007) Summary judgment for the employer affirmed dismissing claims of race and gender discrimination and retaliation under Title VII and the New York State and City Human Rights Law.
- Spinks v. Township of Clinton, 2006 WL 941973 (Law Div. Mar. 27, 2006) aff'd 402 N.J. Super 46 (App. Div. 2008). cert denied, 197 N.J. 476 (2009). Counsel to a municipality facing claims of age discrimination and retaliation under the New Jersey Law Against Discrimination and the First Amendment asserted by three former police officers. The court granted summary judgment for the municipality and dismissed all claims.
LECTURES
- NJ's Paid Sick Leave Law - What Employers Need to Know (June 2018)
- Discipline of Employees: To Bench or Not to Bench (March 2018)
- Recordkeeping presented at NJBIA's Payroll Pitfalls seminar (March 2017)
- The Shifting Sands: White Collar Overtime Regulation Amendments presented at ADP (June 2016)
- New Jersey Unemployment Regulations presented at the NJBIA’s Difficult Decisions Seminar (June 2016)
- HR Series: The Shifting Sands: White Collar Overtime Exemptions and Classification (October 2015)
- ACA Update presented at the YMCA Regional Finance and IT Conference (September 2015)
- What Is Work Anyway, presented at the NJBIA seminar Avoiding the Wage and Hour Trap (July 2015)
- HR Series: Unemployment Claims: When is your employee eligible? (May 2015)
- Employee Leave Issues Related to Workers Compensation Claims, presented at NJAASC’s April meeting (April 2015)
- New Jersey Trade Secrets Act and Federal and State Statutes Protecting Against Computer Hacking, presented at NJBIA’s Is Your Confidential Information Safe Seminar (April 2015)
- New Jersey Unemployment Regulations Relating to Grounds for Disqualifying Employees for Unemployment Benefits presented at NJBIA’s Difficult Decision’s Seminar (March 2015)
- Thinking of Selling Your Business, presented with Citrin Cooperman to local CEOs, business owners, finance managers and other stakeholders (February 2015)
- January Meeting of the Oil Heat Association, presented to the Oil Heat Association of New Jersey (January 2015)
- Obamacare's Employer Mandate After the Final Regulations, presented by NJBIA (November 2014)
- Obamacare's Employer Mandate After the Final Regulations, presented by NJBIA (September 2014)
- Performance Reviews: Removing Headaches and Hassles, presented by NJBIA (July 2014)
- Dealing with Social Media Issues in the HR World, presented by NJBIA (May 2014)
- Obamacare's Employer Mandate After the Final Regulations, presented to the New Jersey Manufacturers Extension Program (March 2014)
- Business and Workforce Checkup, presented to the Oil Heat Association of North Jersey (February 2014)
- Attracting and Retaining Key Employees, presented at Nissivoccia LLP's Executive Roundtable Series (January 2014)
- Obamacare for Employers - In Detail and in Plain English, presented at ADP as part of its ADP WorkforceNOW presentation (October 2013)
- Disruptive Physicians: Diffusing the Situation and Creating a Respectful Workplace, presented to the New Jersey Association of Ambulatory Surgery Centers (October 2013)
- Obamacare for Employers - In Detail and Plain English, presented to the New Jersey Manufacturers Extension Program (October 2013)
- Obamacare for Employers - in Detail and in Plain English, presented to Flackman Goodman Potter accounting firm (October 2013)
- Obamacare for Employers - In Detail and in Plain English, presented to the Medical Society of New Jersey (October 2013)
- Hot Topics in Wage and Hour Law, New Jersey Law Journal's In-House Counsel CLE Seminar, presented at Brooklake Country Club (September 2013)
- Obamacare for Employer s- In Detail and in Plain English, presented at Citrin Cooperman accounting firm
- HR for the ASC, presented to the New Jersey Association of Ambulatory Surgery Centers (June 2013)
- Employment Issues with Starting Your Business, Brach Eichler Business Symposium (June 2013)
- HR for ASCs: When to Cut and When to Call It (June 2013)
- Protecting Your Business in the Electronic Age, presented to Spencer Savings Banks Business Account Holders and Contacts (April 2013)
- Protecting Your Business in the Electronic Age, presented to Sax Macy Fromm & Co., P.C. Financial Managers Forum (March 2013)
- Obamacare for Employers - In Detail and in Plain English (March 2013)
- Exempt vs. Non-Exempt Employee Classification, NJBIA HR 101 (November 2012)
- The Pitfalls of Worker Misclassification, New Jersey Society of CPAs Essex County Chapter (October 2012)
- Accounting Expert Witness Best Practices, New York State Society of CPAs Business Valuation Committee (September 2012)
- What Every Business Should Know About the Consumer Fraud Act, presented for the North Essex Chamber of Commerce (August 2012)
- Handling Harassment in the Workplace, Engineers Club of New Jersey (June 2012)
- Protecting Your Business in the Electronic Age, presented to Spencer Savings Bank Business Account Holders and Contacts (June 2012)
- My Employee Stole Trade Secrets: Now What Do I Do? (approved for CLE in NJ/NY and HRCI), Employment Law Series (June 2012)
- Summary of Accounting Expert Witness Rules in New York (approved for CPE), New York State Society of CPAs (June 2012)
- Trade Secrets: Reconciling Policy with Reality in the Workplace (including the New Jersey Trade Secrets Act) (approved for CLE in NJ/NY and HRCI), Employment Law Series (April 2012)
- The Duty to Preserve and Spoliation (approved for CLE in NJ/NY and HRCI), Employment Law Series (February 2012)
- Accounting Expert Witness Best Practices (approved for CPE), New York State Society of CPAs (January 2012)
- The Duty to Preserve and Spoliation (October 2011)
- Protect Yourself Before You Wreck Yourself (employee classification issues and the reverse audit of your labor workforce) (April 2011)
PUBLICATIONS
- "County Pays $625K to Settle Claim Prosecutor Abused Power, Had Worker Committed," NJ.com (quoted in), May 8, 2018
- "NJ Prosecutor's Office Settles Worker's Civil Rights Suit," Law360 (quoted in), May 8, 2018
- "$625,000 Accord Ends Suit Over Ex-Prosecutor's Order for Psych Test of Employee," New Jersey Law Journal (quoted in), May 8, 2018
- "Undoing Christie's Veto, Murphy Signs New Equal-Pay Law," The Sacramento Bee (quoted in), April 24, 2018
- "Murphy Signs Equal Pay Law, Aiming to Close Wage Gap," ROI-NJ (quoted in), April 24, 2018
- "Bergen County Reaches $1M Settlement in Case Linking Firings to Politics," New Jersey Law Journal (quoted in), February 21, 2018
- "Fed Overtime Threshold Changes for Salaried Employees," New Jersey Business (quoted in) (May 2016)
- "NJ Retirement Savings Bill Criticized As Redundant," Law360 (quoted in) (October 2015)
- NJBIZ ,"Employers Could Opt To Pay ACA Penalty Rather Than Provide Mandated Coverage" (November 2014)
- Brach Eichler Employment Services Group Releases, "Restrictive Covenant Case Law Annual Review" (February 2014)
- "The NLRB and Social Media: A Work in Progress," ABA Section of Litigation, Employment & Labor Relations Law Newsletter (Winter 2012)
- New Jersey Physician, "Avoid Civil Liability: Under the Cullen Act" (December 2011)
- Title VII Circuit Review: When 'Other Actions' of Employers Become Materially Adverse, ABA Section of Litigation, Employment & Labor Relations Law Newsletter (June 2011)
- The Impact of Gross; Is It Too Much to Stomach?, ABS Section of Litigation, Employment and Labor Relations Law Newsletter (Spring 2010)
- Burlington Northern v. White, Just When Is an Employee Engaging in a Protected Activity?, ABA Section of Litigation, Employment & Labor Relations Law Newsletter (December 2009)
- New York: The Land of Opportunity for the Judgment Creditor, ABA Section of Litigation, Trial Practice Newsletter (Spring 2005)
ADDITIONAL NOTEWORTHY INFORMATION
Anthony has received several professional distinctions throughout his career, which include:
- New Jersey Family Magazine - Best Lawyers for Families (Employment and Labor) 2017
- Martindale Peer Review rated as AV Preeminent in Employment, Construction, and Litigation
- Fortune Magazine 2013 Top Rated Lawyers in Labor & Employment Law
- New Jersey Super Lawyers 2017
- New Jersey Super Lawyer Rising Star, Employment Litigation from 2009-2016
- New Jersey Law Journal's 2012 New Leaders of the Bar
- Founder and editor of the Brach Eichler’s Employment Services Group monthly Employment Law Updates e-newsletter and quarterly Helpful Hints newsletter
- Appointed guardian ad litem by Senior U.S. District Judge Dickenson R. Debevoise in a dispute over the proceeds of a life insurance policy in Prudential Ins. Co. of Amer. V. Fantaye, Civil Case No. 08-3172 (D.N.J.)
PROFESSIONAL ACTIVITIES
- New Jersey Supreme Court District V-C Ethics Committee, Vice Chair
- Lakeland Bank Advisory Board
- Caldwell University Business Advisory Council, Member
- Engineers Club of New Jersey, Member and Advisor to Executive Committee
- Employers Legislative Committee, Essex County Chapter, Co-Chair
- North Essex Chamber of Commerce, Past President
- NJBIA, Employment and Labor Law Policy Committee, Member
