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Vincent N. Avallone

Partner
+1.973.848.4027
Fax +1.973.848.4001

Vincent Avallone’s practice is concentrated in the areas of labor and employment law counseling and litigation, ERISA litigation, and commercial litigation.

In the area of employment and labor law, he counsels management on the full spectrum of workplace policies and practices, including drafting employment agreements, noncompetition and confidentiality agreements, and separation agreements, conducting in-house training programs, and advising clients on internal investigations, reductions in force, and compliance matters. Mr. Avallone represents employers in litigation and arbitration concerning a wide variety of claims, including employment discrimination, harassment, whistle-blowing, family and medical leave, wage and hour matters, employment contract disputes, enforcement of confidentiality and non-compete agreements, and claims under ERISA relating to employee and retiree benefits. Mr. Avallone appears regularly before state and federal courts in New Jersey, New York, and Pennsylvania, as well as other states, and before federal, state, and local administrative agencies such as the Equal Employment Opportunity Commission, the National Labor Relations Board, the New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission, and the New York Division on Human Rights.

In the area of commercial litigation, Mr. Avallone represents clients in litigation and arbitration of business disputes. He has represented clients in connection with claims alleging breach of contract, fraud, misappropriation of trade secrets, unfair competition, business torts, and violations of the Robinson-Patman Act and the Racketeer Influenced and Corrupt Organizations Act (RICO).

Professional Background

Prior to joining K&L Gates, LLP, Mr. Avallone served as a prosecutor and then as a criminal defense attorney with the United States Army Judge Advocate General's Corps where he defended several highly publicized cases of sexual harassment.  While in the Army, he also served as a Special Assistant United States Attorney in the office of the United States Attorney for the Eastern District of Virginia.

Achievements

Mr. Avallone has been recognized as a New Jersey Super Lawyer in Law and Politics magazine and is also listed in Chambers USA: America's Leading Lawyers to Business. Mr. Avallone has been listed in Best Lawyers in America in the area of Litigation (Labor and Employment) since 2013.

Professional/Civic Activities

  • American Bar Association (Labor & Employment Law Section)
  • Essex County Bar Association
  • New Jersey State Bar Association (Labor & Employment Section)
  • Princeton Football Association (Counsel)

Speaking Engagements

Mr. Avallone speaks regularly on the various issues employers confront on a daily basis. He has been a frequent lecturer on employment law topics at seminars sponsored by the New Jersey Business & Industry Association, the New Jersey Law Journal, the Essex County Bar Foundation, and local organizations.

Additional Information

Mr. Avallone is a contributing editor of a treatise, New Jersey Employment Law, second edition, and has co-authored articles published in the New Jersey Law Journal concerning employee liability under the New Jersey Law Against Discrimination (155 N.J.L.J.1272), reasonable accommodations under the Americans with Disabilities Act and the New Jersey Law Against Discrimination (163 N.J.L.J. 1205), and enforcing agreements to arbitrate employment disputes (171 N.J.L.J. 1086).
  • Obtained summary judgment in federal court in New York dismissing all claims against global bank alleging age and sex discrimination and retaliation
  • Obtained summary judgment in federal court in Michigan dismissing all claims against global consumer products company alleging age discrimination in connection with reduction in force
  • Obtained complete dismissal in federal court in Virginia of all claims against pharmaceutical company alleging sexual harassment and retaliation in
  • Obtained $2.5 million international arbitration award in favor of graphic arts equipment and supply manufacturer and no cause award in defense of distributor's claims for breach of contract, Robinson-Patman Act violation and RICO
  • Obtained preliminary injunction in federal court in New Jersey in favor of national litigation support provider against former executive and competitor arising from breach of non-compete and non-solicitation agreement
  • Obtained complete dismissal of claims in California state court and SLAPP award in defense of claims by former executive for breach of contract and fraud
  • Obtained dismissal of wage, commission and bonus claims in arbitration in New York filed by former executive of a global technology services provider
  • Obtained summary judgment in federal court in Pennsylvania dismissing all claims against non-profit tissue bank alleging sex and age discrimination, hostile work environment and retaliation
  • Obtained summary judgmement which was affirmed on appeal in New Jersey state court on age discrimination claim filed by former employee of temporary staffing firm
  • Obtained trial verdict in federal court in New Jersey dismissing all claims against land service agent alleging sex harassment and retaliation
  • Obtained summary judgment which was affirmed on appeal in New Jersey state court on whistleblower claims filed by former employee against global pharmaceutical company
  • Obtained complete dismissal in federal court in Colorado of all claims against pharmaceutical company alleging age discrimination, retaliation and wage and hour violations by former sales representative
  • Obtained summary judgment in state court in New Jersey dismissing all claims against a finance company alleging race discrimination