Sean R. Kelly

Member

18 Columbia Turnpike, Suite 200
Florham Park, NJ 07932
Direct Dial: 973-645-4801 Download vCard Download VCard
skelly@saiber.com

For over 30 years, Sean Kelly has focused his practice on counseling employers and defending employment cases, higher education and school law, and has successfully tried many employment cases to verdict.  He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney, has been repeatedly included in New Jersey Monthly Magazine's list of New Jersey “Super Lawyers,” holds the highest rating awarded by the Martindale-Hubbell Lawyers Directory, and has been named a Master of two separate American Inns of Court.

Honors and Awards

"AV" Martindale-Hubbell® Peer Review Rating™

Certified by the New Jersey Supreme Court as a Civil Trial Attorney, awarded to fewer than 2% of New Jersey lawyers

Listed in:

  • New Jersey Super Lawyers® - 2005, 2007-2017
  • New York Area Top Rated Lawyers by ALM, 2012

Selection methodology for awards and honors can be found here.

No aspect of these advertisements have been approved by the Supreme Court of New Jersey.

Representative Matters

Obtained favorable jury verdict on all counts following a lengthy trial representing the State of New Jersey, Office of the Attorney General, against charges of race discrimination in promotions.

Successfully defended a hedge fund at the NJ Supreme Court against a former employee's bid to revive his disability bias case.

Defended city and mayor against "whistleblower" wrongful termination claim by former private secretary.

Counseled and drafted papers for securities firm for termination of department head.

Defended aviation services company against "whistleblower" claim by former human resources manager.

Defended charter school against sex discrimination after wrongful termination claim before New Jersey Division on Civil Rights.

Represented private school in drafting and negotiating severance agreement for departing employee.

Defended state agency in action by former museum director alleging that the termination of her employment was motivated by political discrimination.

Defended temporary employment firm against EEOC charge of race discrimination.

Obtained summary judgment for bank in ERISA suit by former employee claiming breach of fiduciary duty in giving him incorrect information concerning his rights under his retirement plan.

Defended neurosurgeon in contract dispute regarding fee allocation among former members of hospital neurosurgery group.

Represented public charter school in action to compel forfeiture of employment by tenured teacher due to his pleading guilty to a misdemeanor charge of assault on a student.

Defended new employer of mortgage brokers against former employer’s claims of theft of confidential customer lists and “poaching” of employees.

Obtained summary judgment for employer, dismissing hostile work environment sexual harassment claim arising out of consensual relationship with co-worker, and obtained affirmance on appeal.

Defended EEOC claim against employer based on alleged ethnic discrimination.

Defended operator of facilities for the developmentally disabled in state court action brought by former employee alleging discriminatory firing on basis of age, sex, race, and sexual orientation.

Defended federal action against wholesaler arising out of former employee’s claims of violation of Family and Medical Leave Act.

Represented 50% shareholder of small computer consulting business in litigation and settlement of claims under Oppressed Minority Shareholder Law.

Successfully negotiated settlement of claims against bank by former officer alleging wrongful termination, implied contract for payment of bonus, and breach of business acquisition contract.

Successfully negotiated advantageous settlement on behalf of chief executive officer defending against sexual harassment claims and related criminal charges.

Successfully obtained dismissal of wage and hour claims against bank.

Negotiated advantageous settlement of suit arising out of allegations by terminated officer regarding breach of oral and implied contract, oppression of minority shareholder, and “whistleblower” claim.

Favorably settled claims of former sales representative involving commission compensation and breach of sales contract.

Successfully obtained dismissal of claims against bank in litigation in Federal Court alleging disability discrimination.

Settled age discrimination suit on favorable terms.

Successfully settled pregnancy discrimination suit on behalf of company and individual executive.

Defended employer against claim of breach of lifetime employment contract.

Served as co-counsel in successful trial defense of sexual harassment case.

Won jury verdict in publicized trial involving defense of claim of workplace defamation.

Won summary judgment for employer in publicized case arising out of claim of discriminatory administration of severance and stock option plan in connection with merger. Affirmed on appeal to N.J. Appellate Division; petition for further review denied by N.J. Supreme Court.

Defended employer against corporate officer’s claims of age and handicap discrimination.

Litigated and negotiated favorable settlement of "whistleblower" claim asserted by discharged employee against former employer.

Defended employer in series of related severance compensation claims asserted by terminated executives.

Drafted employment, severance, consulting and related agreements in connection with buyout of warehousing business, and advised officers and directors regarding negotiation of terms.

Advised New York employment firm regarding policies for its permanent employees and for temporary employees placed with its client companies.

Advised medical care industry consulting firm re: terminations and severance terms for two executives.

Advised hotel chain on response to “whistleblower” claim by disabled employee.

Advised bank on termination of employment of male employee claiming sexual harassment by female employees.

Negotiated resolution of post-closing disputes arising out of buyout of major shareholder and chief executive of sub-S corporation.

Worked with bank in responding to wage and hour audit by New Jersey Department of Labor, and in negotiating penalties.

Negotiated severance agreement re: departure of senior brokerage account executive in company restructuring.

Advised Internet company re: wage and hour dispute with departing consultant.

Negotiated severance agreement on behalf of employer of employee who claimed breach of contract.

Advised multi-state manufacturer re: issues of employee privacy and personnel records, ADA and FMLA requirements.

Advised non-profit corporation in connection with issues arising out of arrest of chief executive officer on criminal charge.

Advised employer in connection with termination of employee who claimed protected mental disability.

Regularly advise public charter schools on various human resources issues, including contract drafting, termination of principal and staff, breach of employment contract by teacher, etc.

Drafted employee handbook and policy manual addressing, inter alia, issues of sexual harassment and discrimination.

Negotiated severance agreement on behalf of employer of female key employee who claimed sex discrimination.

Represented London-based Internet music store in drafting employment agreement for chief executive officer.

Noteworthy Decisions

R.K. v. Bender, et al., 2017 WL 4948066, 2017 WL 3299037, 2017 WL3302690 (D.N.J.)

Chin v. Rutgers, 697 Fed. Appx. 751 (3d Cir. 2017)

Collins v. Stevens Institute of Technology, 2016 WL 4579973 and 2016 WL 4544342 (D.N.J.)

Sabinsa Corp. v. Aegle Bios, Inc., 2016 WL 6595915 (D.N.J.)

Carnevale v. Borough of Roseland Police Dept., 2015 WL 8683075 (N.J. App. Div.)

Kadakia v. Rutgers, ___ Fed. Appx. ____ 2015 WL 7776517 (3d Cir.)

McMahon v. Salmond, 573 Fed. Appx. 128 (3d Cir. 2014)

AstraZeneca AB v. Anchen Pharmaceuticals Inc., 2014 WL 2611488 (D.N.J.)

AstraZeneca AB v. Dr. Reddy's Laboratories, Inc., 2013 WL 1847639 (D.N.J.)

Georgine v. Amchem Products, Inc., 1994 WL 124866 (E.D. Pa.)

McMahon v. Rutgers, 2013 WL 5937416 (D.N.J.)

Edelson V., L.P. v. Encore Networks, Inc., 2013 WL 1952309 (D.N.J.)

Cornacchiulo v. Alternative Investment Solutions, Inc., 2013 WL 238189 Superior Court of New Jersey, Appellate Division, Docket No. A-4871-10T2 (1/23/13), certif. denied, 214 N.J. 115

Mandal v. Port Authority of New York and New Jersey, 430 N.J. Super. 287 (App. Div. 2013), petition for certif. denied Sept. 20, 2013

Edelson V., L.P. v. Encore Networks, Inc., 2012 WL 4889614,  2012 WL 4891695 and 2013 WL 1952309 (D.N.J.)

Atlantic Health Services, Inc. v. National Union Fire Ins. of Pittsburgh, Pa., 2010 WL 3155194 and 2011 WL 1375611 (D.N.J.), affirmed, 463 Fed. Appx. 162 (3d Cir. 2012)

Sabinsa Corp. v. Creative Compounds, LLC, 609 F.3d 175 (3d Cir. 2010); same case 2011 WL3236096 and 2012 WL 194160 (D.N.J.)

State v. E.W., N.J. Super., 2010 WL 1655819 (App. Div. 4/27/10)

In re:  Insurance Brokerage Antitrust Litigation, 2010 WL 779786 (3d Cir. 3/9/10)

DelRio-Mocci v. Connolly Properties, Inc., 2009 WL 971394 (D.N.J. 4/1/09), motion for reconsideration denied, 2009 WL 2989537 (D.N.J. 9/16/09)

Giudice v. Employees’ Profit-Sharing Plan of the Bank of New York Co., Inc., 2009 WL 2634898 (D.N.J. 8/25/09)

Yarcheski v. University of Medicine and Dentistry of New Jersey, 2008 WL 5133687 (App. Div. 12/9/08)

Galli v. New Jersey Meadowlands Commission, 490 F.3d 265 (3d Cir. 2007)

Berrol v. A.I.G., 2007 WL 3349763 (D.N.J. 11/7/07)

Roman v. ABM Janitorial Northeast, Inc., 2007 WL 1612936 (D.N.J. 6/1/07)

Lum v. Bank of America, 2001 U.S. Dist. LEXIS 25178 (D.N.J. 2001), aff’d, 361 F.3d 217 (3d Cir.), cert. denied, 543 U.S. 918 (2004)

Komet Inc. v. Republic of Finland, 89 A.F.T.R.2d (RIA) 1827 (D.N.J. 2002)

Dawson v. Ciba-Geigy Corp., 145 F. Supp. 2d 565 (D.N.J. 2001)

Everest Reinsurance Co. v. Newark Division of Tax Abatement & Special Taxes, 18 N.J. Tax 50 (1998)

Lafarge Corp. v. Travelers Indemnity Co., 927 F. Supp. 1534 (M.D. Fla. 1996)

Forest Insurance v. American Motorists Ins. Co., 1994 U.S. Dist. LEXIS 3334 (S.D.N.Y. 1994)

Owens-Illinois, Inc. v. United Ins. Co., 264 N.J. Super. 460 (App. Div. 1993), rev'd in part and affirmed in part, 138 N.J. 437 (1994)

Georgine v. Amchem Products, Inc., 878 F. Supp. 716 (E.D. Pa. 1994), same case as WL 90157

Carlough v. Amchem Products, Inc., 5 F.3d 707, 27 Fed. R. Serv. 3d 895 (3d Cir. 1993), same case 10 F.3d 189 (3d Cir. 1993)

In re Thomson McKinnon Securities, Inc., 143 B.R. 612 (Bankr. S.D.N.Y. 1992)

Clark v. Bank of New York, 801 F. Supp. 1182 (S.D.N.Y. 1992)

Blake v. Bank of New York, 1991 U.S. Dist. LEXIS 3936 (S.D.N.Y. 1991)

Refac International Ltd. v. Matsushita Electric Corp. of America, 1990 WL 269885 (D.N.J. 11/14/90)

Lincoln Federal Savings & Loan Association v. Thomson McKinnon Securities, Inc., 1989 WL 158769 (D.N.J. 12/19/89)

State v. Cantor, 221 N.J. Super. 219 (App. Div. 1987)

Pawelec v. Digitcom, Inc., 192 N.J. Super. 474 (App. Div. 1984)

Dimitrakopoulus v. Flowers by Demetrios, Inc., 1983 U.S. Dist. LEXIS 15633 (S.D.N.Y. 1983)

Garden State Community Hospital v. Watson, 191 N.J. Super. 225 (App. Div. 1982), certif. denied, 94 N.J. 518 (1983)

Bittner v. Borne Chemical Co., Inc., 691 F.2d 134 (3d Cir. 1982)

Publications

NJ Human Resources Law Alert - September, 2016

"Learn How the FERPA "Dear Colleague Letter" Affects Privacy of Student Health Records," Campus Legal Advisor, December 2015

White Paper:  University and College Compliance With The Foreign Corrupt Practices Act in Connection With Foreign Academic Programs

N.J. Human Resources Law Alert - April 2015

N.J. Human Resources Law Alert - March 2015

N.J. Human Resources Law Alert - November 2014

N.J. Human Resources Law Alert - October 2013

N.J. Human Resources Law Alert - August 2013

N.J. Human Resources Law Alert - March 2013

N.J. Human Resources Law Alert - December 2012

N.J. Human Resources Law Alert (2) - October 2012

N.J. Human Resources Law Alert (1) - October 2012

N.J. Human Resources Law Alert - February 2012

New Jersey Human Resources Law Alert - August 2010

New Jersey Human Resource Law Alert - May 2010

N.J. Human Resources Law Alert, July 2009

N.J. Human Resources Law Alert, January 2009

N.J. Human Resources Law Alert, May 2008

N.J. Human Resources Law Alert, February 2008

N.J. Human Resources Law Alert, December 2007

N.J. Human Resources Law Alert, October 2007

N.J. Human Resources Law Alert, August 2007

N.J. Human Resources Law Alert, March 2007

Hoboken Charter School Worried About Move - Hoboken Patch (Sean R. Kelly quoted) August 16, 2010

"Direct Evidence or Mere 'Stray Remark': Proving Discriminatory Intent in the Wrongful Termination Case," 175 N.J.L.J. 1334, 2004

"Limitation Obfuscation: Recent decisions have brought further complexity, rather than simplicity, to the application of statutes of limitations," 168 N.J.L.J. 1280, 2002

"Protecting Employees Who Blow the Whistle on Co-workers: The Rise and Fall of a New Cause of Action Against Employers," 159 N.J.L.J. 1346, 2000

"Stressed Out and Antisocial Employees: Are They Protected Under the ADA?," Metropolitan Corporate Counsel, 1998

"Recovering from Taxman," 148 N.J.L.J. 128, 1997

Presentations

“Employment Law Update,” presented perennially to the Society for Human Resource Managers, Gateway Chapter, 2001-Present

"Pink Slip Polka: Step-by-Step Decision Analysis on Dismissal;" "Monitoring Employee Communications;" and "Employment Practices Liability Insurance," Saiber Conference Center, Florham Park, NJ, May, 2013

"Lessons Learned From Penn State: A Comprehensive Review of University Practices and Responsibilities in the Aftermath of the Sandusky Sex Abuse Scandal," NJSBA Law Center, New Brunswick, NJ, October, 2012

"Conducting Title IX Investigations," Kean University, Union, NJ, August 23, 2011

"Implementation of New Federal Guidelines on Sexual Violence in Universities, Colleges and Schools," Florham Park, NJ, June 23, 2011

"Management Retaliation Training," presented to NYK Lines Secaucus and East Brunswick, NJ, November 2010 and January 2011

“Legal Issues Arising from Mental Illness in the Workplace,” presented to Allstate, Chicago, IL, February 2008

“Employment Law Update,” presented to the New Jersey Department of Labor, Middlesex/Union Employer Council, 2007

“Technology in the Workplace: New Risks for Employers,” presented to the New Jersey Department of Labor, Middlesex/Union Employer Council, 2005

“Employee Privacy in the Electronic Age,” Saiber-sponsored presentation, 2003

“Recent Developments in Disability Discrimination Law,” presented to the New Jersey Business and Industry Association, 2003

“The Americans with Disabilities Act,” Saiber-sponsored presentation, 2002

“Sexual Harassment in the Workplace,” presented to the Greater Princeton Society of Human Resource Managers, 2000

“Personnel Law Update,” presented to the Council on Education in Management, 2000

“Employment-at-Will and Employee Handbooks,” presented to the New Jersey Business and Industry Association, 1999

Memberships and Activities

National Association of College and University Attorneys

Gateway Chapter, Society of Human Resource Managers

Former Master, Sidney Reitman Employment Law Inn of Court

Former Master, Hudson County Bar Association Inn of Court

Former Chair, New Jersey Supreme Court Fee Arbitration Committee for Essex County

Essex and Hudson County Bar Associations

New Jersey State Bar Association

American Bar Association

Association of the Federal Bar for the District of New Jersey