Anthony M. Rainone – Brach Eichler

Practice Areas

Labor and Employment

Litigation

Bar and Court Admissions

New Jersey
New York
U.S. Court of Appeals, Third Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, District of New Jersey
U.S. Court of Appeals, Second Circuit
U.S. District Court, Western District of New York
U.S. District Court, Northern District of New York

Education

Seton Hall University School of Law, J.D.
Fordham University, B.A.

Anthony M. Rainone, Member

973.364.8372 · 973.618.5972 Fax · arainone@bracheichler.com

Anthony Rainone has built a successful practice handling all manner of labor and employment issues as well as a wide range of commercial and construction disputes. No client’s legal challenges are the same as the next. Therefore, at the outset of each matter, Anthony’s first priority is to understand his client’s needs and then tailor an individualized, strategic approach. This high degree of personal service combined with his command of the law consistently yields favorable outcomes for his clients. 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 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

Throughout his career, Anthony has received several professional distinctions. In 2017, he was named to New Jersey Family magazine’s Best Lawyers for Families for Employment and Labor. He has also been consistently peer-review-rated AV Preeminent in Employment, Construction, and Litigation by Martindale-Hubbell. He was named to New Jersey Super Lawyers from 2017 through 2019 and was a New Jersey Super Lawyers Rising Star in Employment Litigation from 2009 through 2016. In 2013, Anthony was included in Fortune magazine’s Top Rated Lawyers in Labor & Employment Law and in 2012, he was named to the New Jersey Law Journal‘s New Leaders of the Bar. Additionally, Anthony is the founder and editor of Brach Eichler’s monthly Employment Law Updates.

Notable Matters
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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.)
Jacobs v. Mark Lindsay and Son Plumbing & Heating, Inc., — A.3d —- (App. Div. 2019) – counsel to a licensed professional (financial services) who was victimized by a residential home improvement contractor that had the professional arrested and charged with a crime as a collection tactic arising out of a payment dispute over services allegedly rendered by the contractor. In a published decision after prevailing on the Consumer Fraud Act claims against the contractor and its owner, the Appellate Division reversed the award of no costs and only 6% of the attorneys’ fees requested.
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.