Longo v. Pleasure Productions, Inc. 215 NJ 48 (2013)

Successfully represented an employer before the New Jersey Supreme Court in a precedent-setting appeal reversing the award of punitive damages under the New Jersey Conscientious Employee Protection Act (CEPA).

In its decision, the Supreme Court held that in CEPA cases, an upper management jury charge is required to support the award of punitive damages against an employer and that such damages require a finding of wrongful conduct under the clear and convincing evidence standard. The court reversed a jury verdict and lower court rulings awarding $500,000 in punitive damages. The 2013 New Jersey Supreme Court decision remains the established law in New Jersey for evaluating punitive damages in CEPA cases and has been cited positively 13 times.

Watch the Supreme Court argument.

Ahmed v. Morgan's Hotel Grp. Mgmt., LLC, 160 A.D.3d 555 (2018)

Successfully secured dismissal of a wage and hour class action on behalf of an employer at the trial court level and on appeal to New York Supreme Court, Appellate Division. The class action representative asserted that the employer violated state labor laws by representing banquet service charges as gratuities, failing to pay such gratuities to employees and failing to inform employees that it would apply a “tip credit” against their wages. In a precedential ruling, the court dismissed all claims, holding that the hotel’s banquet event order satisfied the statutory requirement that the “administrative charge” for events was not purported to be a “gratuity,” and that the charge was clear enough that “a reasonable customer would understand that such charge was not purported to be a gratuity.” Most significantly, the court agreed that employers should be entitled to an affirmative defense insulating them from liability when it is demonstrated that any actual gratuities are paid and employees earn more than the minimum wage, thereby negating the employer’s obligation to provide notice of its use of a tip credit. This decision established new law on this critical issue highly valuable to employers in the food service industry.

New Jersey Municipality v. Chief of Police

Successfully represented a New Jersey municipality in connection with an investigation into allegations of potential corruption within its police department. The month-long, on-site investigation involved dozens of interviews of police officers, police department personnel, politicians and municipal employees. The investigation culminated with an expert forensic analysis of police department computer systems exposing and confirming allegations of wrongful conduct which then allowed for successful remediation for the benefit of the City.

Scudder Falls Bridge Construction

Successfully represented a large, heavy highway construction contractor before the Superior Court, Appellate Division of New Jersey, in a precedent-setting appeal in a “bet the company” constitutional challenge for the award of a public construction contract based upon union favoritism. This landmark legal challenge maintained that it is unlawful for a public entity to use a Project Labor Agreement to circumvent competitive bidding laws. In the Scudder Falls case, it was alleged that qualified contractors were prevented from bidding so that politicians could award a $396 million contract to a specific union in exchange for political support. 

State v. Patton 133 N.J. 389 (1993)

Participated as pro bono counsel in a landmark 1993 New Jersey Supreme Court case challenging the constitutionality of a law requiring a person in possession of a controlled dangerous substance to immediately turn it over to the closest law enforcement official. The case involved an in-depth analysis of the fundamental right against self-incrimination which is conferred to all citizens under the U.S. Constitution.

Results may vary depending on your particular facts and legal circumstances.