Michael J. Riccobono

Of Counsel || Morristown

Michael J. Riccobono is an employment litigator who regularly defends employers against single- and multi-plaintiff discrimination, harassment, whistleblower, retaliation, and non-competition/non-solicitation matters before both state and federal courts and government agencies.  He has represented employers of all sizes and from a number of different industries, ranging from international Fortune 500 corporations to closely-held and family businesses, in the financial, pharmaceutical, manufacturing, and insurance industries.  In addition to handling complex employment litigation, Michael regularly works closely with in-house counsel, executive officers and directors, and human resources professionals on a wide range of day-to-day employment counseling issues.

While in law school, Michael served as a legal intern with the U.S. Equal Employment Opportunity Commission where he assisted trial attorneys in the investigation of federal employment discrimination claims and preparation for depositions and court proceedings.  He also completed a judicial internship with the Honorable Faith S. Hochberg, U.S.D.J. where he prepared legal memoranda and judicial opinions in a variety of matters before the Court.

Michael is also involved in numerous community-based and civic organizations.  He currently serves as an Advisory Board Member for the NJ Law and Education Employment Program (“NJLEEP”), a college access and success program serving students and families in the greater Newark area.  He is also a former attorney mentor for an NJLEEP high school student.

In addition, since 2010, Michael has been an active member Sidney Reitman Inn of Court, the first American Inn of Court devoted exclusively to Labor and Employment Law advocacy.  Members of the Inn include several of New Jersey’s most esteemed attorneys in private practice, state and federal government, and the judiciary.  He has served also on the Inn’s Program Planning Committee, which is responsible for preparing substantive and practical programs to educate new lawyers in the fundamentals of practicing employment law.

Finally, Michael serves on the Alumni Council for his law school alma mater, Seton Hall University School of Law, and is a past co-chair of the Council’s G.O.L.D. Committee (Graduates of the Last Decade).

Prior to joining Ogletree Deakins, Michael worked in the Employment and Labor Law Department at Gibbons P.C.  Michael is also a former judicial law clerk to the Honorable Patricia K. Costello, A.J.S.C. (Ret.).

Learn more about Michael J. Riccobono

Litigation

  • Defends single- and multi-plaintiff litigation and EEOC investigations involving Title VII, ADA, ADEA, FLSA, FMLA, LAD, CEPA, NYHRL, NYCHRL, breach of contract claims, and employment-related torts.

Human Resources Counseling

  • Provides advice and counsel to employers concerning a variety of day-to-day employment-related issues, including drafting of employee handbooks and personnel policies, leave requirements, internal investigations, workplace reductions, and labor matters.

Unfair Competition and Trade Secrets

  • Prosecutes and defends lawsuits seeking temporary and injunctive relief related to non-competition and non-solicitation agreements, and claims of misappropriation of trade secrets, tortious interference, breach of contract, and breach of fiduciary duty.

Whistleblower and Retaliation Threats

  • Regularly provides advice on every phase of whistleblower and retaliation matters, from responding to complaints to defending litigation.

Employment Agreements

  • Drafts and reviews various employment-related agreements, including employment agreements, severance and release agreements, confidentiality agreements, and non-competition and non-solicitation agreements.

Representative Matters

  • Obtained summary judgment in age discrimination and employee/independent contractor lawsuit brought under the New Jersey Law Against Discrimination in New Jersey state court on behalf of international insurance company.
  • Obtained summary judgment dismissing former employee’s FMLA interference and retaliation claims in New Jersey federal court on behalf of national pharmaceutical company
  • Obtained complete dismissal with prejudice of former employee’s claims of age discrimination under the ADEA, national origin and religious discrimination under Title VII, and disability discrimination under the ADA in New York federal court on behalf of large supermarket company.
  • Obtained injunctive relief preliminarily enjoining and restraining a client’s former employee from soliciting its current employees and/or customers and from disclosing its confidential information in violation of non-compete/non-solicitation agreement.
  • Successfully negotiated favorable settlements in numerous matters involving claims of discrimination, harassment, failure to accommodate, retaliation, hostile work environment, and FMLA violations.

Reported Cases

  • Newnam v. Chubb & Son, 2015 N.J. Super. Unpub. LEXIS 205 (App. Div. Feb. 5, 2015)
  • Palan v. Inovio Pharmaceuticals, 2015 U.S. Dist. LEXIS 112850 (E.D. Pa. Aug. 26, 2015)

Education

  • J.D., Seton Hall University School of Law, 2009
  • B.S., University of Scranton, 2006

Admittance to Practice

  • New Jersey
  • New York
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern and Southern Districts of New York

Professional Activities

  • Seton Hall University School of Law Alumni Council
  • NJ LEEP – Advisory Board; Mentor
  • Sidney Reitman Employment Law Inn of Court (Program Planning Committee, 2013-2015; 2015-2017) (Member, 2010-present)
  • New Jersey State Bar Association – Labor and Employment Law Section

Speeches

  • Business & Legal Resources (BLR) - "FMLA Masterclass" - Parsippany - September 2018
  • Ogletree Deakins Webinar - "New Jersey’s Looming Paid Sick Leave: Are You Ready?" - September 2018
  • Seton Hall University School of Law (Panelist) - "Networking for Lawyers" - South Orange - February 2018
  • New Jersey Business & Industry Association (NJBIA) - "The Employee Life Cycle" - Parsippany - February 2017
  • Ogletree Deakins Webinar - "Mandatory Employment Arbitration Agreements in New Jersey" - August 2016
  • Seton Hall University School of Law New Student Orientation (Panelist) - "Seton Hall Law: Who We Are" - South Orange - August 2014
  • 2019 Edition - Wolters Kluwer - "The Complete Guide to Human Resources and the Law"
  • February 20, 2012 - Entrepreneur Magazine - "The Risks of Betting on Sports in Your Office"
  • February 2012 - Entrepreneur Magazine - "The Risks of Betting on Sports in Your Office"

* No aspect of this communication has been approved by the Supreme Court of New Jersey. For methodology for selection for one of the honors above, please click on the link.

Insights by Michael J. Riccobono