Carmen J. DiMaria

Shareholder Morristown

Carmen J. DiMaria has spent his entire legal career practicing in the area of employment law and litigation, and has represented management exclusively for the past 19 years. Carmen has defended companies and individual defendants involving claims of wrongful termination, discrimination, harassment (including sexual harassment), retaliation, whistle blowing (including claims under the New Jersey Conscientious Employee Protection Act) and violations of the Family and Medical Leave Act. Carmen regularly represents clients in federal and state courts as well as in administrative agencies.

Carmen also devotes a substantial portion of his practice to protecting his clients’ customer relationships and confidential information by prosecuting and defending cases involving non-competition agreements, non-solicitation agreements, confidential information and trade secret agreements, breaches of employee duty of loyalty, tortious interference and employee raiding.

Carmen provides advice and counseling to employers in all aspects of employment law and restrictive covenant law in an effort to prevent litigation before it occurs, and conducts workplace investigations on behalf of employers.

Prior to entering private practice, Carmen served as law clerk to the Honorable John E. Keefe, Superior Court of New Jersey, Appellate Division. Before law school, Carmen worked as an auditor for the national accounting firm of Ernst & Young.


Experience

  • Obtained $3 million jury verdict in New Jersey state court on behalf of large watch manufacturer in tortious interference and employee piracy case against competitor
  • Obtained summary judgment dismissing competitor's breach of restrictive covenant and breach of fiduciary duty claims in New York federal court on behalf of national insurance brokerage client: (affirmed by the United States Court of Appeals for the Second Circuit)
  • Obtained dismissal on basis of lack of personal jurisdiction of unfair competition/tortious interference case on behalf of medical device company in New Jersey state court
  • Obtained no cause decision in race discrimination case from Connecticut Commission on Human Relations on behalf of medical device company following administrative trial
  • Obtained no cause of action jury verdict in age discrimination case by former employee in New Jersey state court on behalf of banking industry client
  • Obtained summary judgment dismissing former employee’s disability discrimination and constructive discharge claims in Pennsylvania federal court on behalf of national veterinary hospital.
  • Obtained summary judgment dismissing former employee’s gender discrimination and retaliation claims in New York federal court on behalf of national insurance brokerage client.
  • Obtained summary judgment dismissing former employee's employment contract claims in New Jersey federal court on behalf of national beverage manufacturer/distributor
  • Obtained summary judgment dismissing former employee's sexual harassment claim in New Jersey state court on behalf of national beverage manufacturer/distributor
  • Obtained summary judgment dismissing former employee's national origin discrimination claim on behalf of home health care industry client
  • Obtained summary judgment dismissing former employee’s sexual harassment and retaliation claims in New Jersey federal court on behalf of national hospitality industry client
  • Obtained summary judgment dismissing former employee’s religious discrimination and retaliation claims in New Jersey state court on behalf of national insurance brokerage client (and successfully prevailed on appeal)
  • Obtained injunctive relief preventing customer solicitation and use of confidential information by former employees in numerous New Jersey state court cases on behalf of national insurance brokerage client
  • Obtained summary judgment dismissing former employee’s age discrimination, hostile work environment and retaliation claims in New York state court on behalf of national veterinary hospital client
  • Obtained summary judgment dismissing former employee’s race discrimination and retaliation claims in Florida federal court on behalf of national veterinary hospital client
  • Obtained summary judgment dismissing former employee’s national origin discrimination claim in New Jersey state court on behalf of grocery industry client
  • Successfully defended video game event marketing company and individual employees in New Jersey state court against non-competition claims brought by individual employees’ former employer
  • Obtained injunctive relief preventing solicitation of clients and use of confidential information by former employee in Delaware state court on behalf of large real estate brokerage client and obtained award of attorney’s fees against former employee
  • Obtained injunctive relief preventing solicitation of patients and use of confidential information by former employee/dentist in Delaware state court on behalf of large dental practice client
  • Obtained summary judgment dismissing former employee’s age and national origin discrimination claims in Virginia federal court on behalf of large watch manufacturing client (and successfully prevailed on appeal) 
  • Obtained summary judgment dismissing former employee’s discrimination claims in Pennsylvania federal court on behalf of large real estate brokerage client
  • Obtained summary judgment dismissing former employee’s race and national origin discrimination claims in New Jersey federal court on behalf of dairy company
  • Obtained countless favorable decisions from administrative agencies, including the Equal Employment Opportunity Commission, New Jersey Division on Civil Rights and Pennsylvania Human Relations Commission, relating to discrimination claims against clients in various industries
  • Obtained injunctive relief requiring former employee to return confidential information and barring him from soliciting customers or employees in New York state court for negotiation consulting company

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Labor and Employment Section)
  • New Jersey Bar Association (Labor and Employment Section - Member, Executive Committee)
  • Union County Bar Association
  • Sidney Reitman Employment Law Inn of Court (1995-1999)

Speeches:

  • New Jersey Institute of Continuing Legal Education - ''Whistleblowing, Retaliation and CEPA: Update 2018 - First Amendments Rights and Protected Activity'' - New Brunswick - June 26, 2018
  • New Jersey Business & Industry Association (NJBIA) Seminar - ''The Often Neglected Requirements: Employer Postings and Record Keeping'' - Hamilton - June 16, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''From Water Coolers to Snapchat: Preventing Sexual Harassment in a Modern Workplace'' - San Diego - May 05, 2017
  • Ogletree Deakins Seminar - ''Recent Developments in New York, New Jersey, and Connecticut Employment Laws'' - New York City - March 10, 2017
  • Ogletree Deakins Webinar - ''Preparing for Workplace Disasters in New Jersey'' - February 18, 2016
  • Ogletree Deakins Webinar - ''Drafting Enforceable Non-Compete Agreements in New Jersey'' - November 19, 2015
  • Ogletree Deakins Webinar - ''Terminating Without Lawsuits in New Jersey'' - May 21, 2015
  • Ogletree Deakins Workplace Strategies Seminar (moderator) - ''Navigating a Workplace Disaster – Protecting the Company and Its Employees from Further Harm'' - San Antonio - May 15, 2015
  • Ogletree Deakins Briefing - ''Retaliation Claims and How to Avoid Them'' - Morristown - March 15, 2012
  • Ogletree Deakins Briefing - ''Is Your Restrictive Covenant Agreement Enforceable?'' - Morristown - March 2011
  • Sidney Reitman Employment Law Inn of Court - ''Restrictive Covenant Judicial Panel'' - Glen Ridge - April 27, 2010
  • Ogletree Deakins Seminar - ''Protecting Your Business Assets Through Restrictive Covenants and Other Post-Employment Causes of Action'' - Morristown - May 2009
  • Ogletree Deakins Seminar - ''Don’t Repeat This – The Top 10 Employer Mistakes'' - Morristown - June 2006
  • New Jersey Institute of Continuing Legal Education - ''Post-Employment Causes of Action to Utilize – And Be Wary Of – When Restrictive Covenants Do Not Exist'' - New Brunswick - September 2004
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