Vito A. Gagliardi, Jr.

Gagliardi, Jr., Vito

Principal Morristown, NJ
973.889.4151
vagagliardi@pbnlaw.com

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Vito A. Gagliardi, Jr. is Managing Principal of Porzio, Bromberg & Newman. In this capacity, he serves as President and CEO of the firm's subsidiaries, Porzio Life Sciences, Porzio Governmental Affairs and Porzio Compliance Services. He also co-chairs the firm's Litigation Practice Group and the Education and Employment Team.

Vito represents schools in numerous matters and handles an extraordinary variety of employment law matters for public and private sector clients in state and federal courts and agencies, and before arbitrators. Vito litigates and counsels clients in every area of labor and employment law, including issues of restrictive covenants, harassment, discrimination and whistleblowing. He represents management in labor grievances and before PERC. Vito regularly guides clients through reductions in force and on employment issues related to restructuring and consolidation. He also handles investigations by management into allegations of employee wrongdoing.

Vito serves as the Chairman of the New Jersey Law Revision Commission, which is tasked by the Legislature with identifying areas of the law that require revision for clarification and simplification.  

Vito is certified by the Supreme Court of New Jersey Board on Trial Certification as a Civil Trial Attorney.  

Representative Matters
  • Oversaw the only three regional school district dissolutions in New Jersey history, resolving hundreds of employment issues successfully, and all litigations challenging any aspect of the dissolution were defeated.
  • Used federal and state RICO statutes as effective counterclaims as part of the defense of employment litigations. Prevailed in one of the first published opinions involving the civil use of the state RICO statute.
  • Represented then Mayor-Elect Cory Booker in litigation enjoining his predecessor from non-bid sales of city property.
  • Pioneered a dual sending-receiving agreement between two small school districts in order to keep them both cost-effective and viable, one as a K-4 district for the two towns and the other as a grade 5-8 district for the two towns.
  • Conducted various employment investigations for Fortune 500 companies and public bodies.
  • Defeated an effort by an independent contractor to bring an employment case against one of the nation's largest pharmaceutical companies, resulting in a published opinion.
Government Service
  • New Jersey Law Revision Commission, 1997 - present; serving fifth five-year term (Chairman since May 2006)
  • Law Clerk for Judge (later Justice) Virginia Long, Superior Court of New Jersey, Appellate Division, Trenton, New Jersey, 1989 - 1990
Opinions, Decisions and Cases
  • In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6, __ N.J. __, 085017 (June 7, 2021).
  • Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark, 244 N.J. 75 (2020)
  • Bergen Center for Child Development v. New Jersey Dep't. of Educ., OAL Dkt. No., EDU 12485-18, Agency Dkt. No. 152-6/18 (December 2019) 
  • Paff v. Galloway Township,  229 N.J. 340 (2017), reversing and remanding 444 N.J. Super. 495 (App. Div. 2016) 
  • D.M. v. New Jersey Dep't. of Educ., 801 F.3d 205 (3d Cir. 2015)
  • In the Matter of December 9, 2014 Special School Election, 439 N.J. Super. 416 (App. Div. 2015)
  • Booker, et al. v. Rice, et al., 431 N.J. Super. 548 (App. Div. 2013)
  • Edmondson v. Elmer, et al., 424 N.J. Super. 256 (App. Div. 2012)
  • Matthews v. New Jersey Institute of Technology, et al., 2010 U.S. Dist. LEXIS 59171, Civil Action No. 09-2840
  • Matthews v. New Jersey Institute of Technology, et al., 2010 U.S. Dist. LEXIS 27182, Civil Action No. 09-2840
  • Catholic Family & Community Services v. State-Operated School District of the City of Paterson, 412 N.J. Super. 426 (App. Div. 2010)
  • Pellicer v. St. Barnabas, 200 N.J. 22 (2009)
  • N.J. Ass'n of School Business Officials v. Davy, 409 N.J. Super. 467 (App. Div. 2009)
  • O’Shea v. West Milford Bd. of Educ., 391 N.J. Super. 534 (App. Div. 2007), certif. den. 192 N.J. 292 (2007)
  • In re: Petition for Authorization to Conduct a Referendum on the Withdrawal of North Haledon from the Passaic County Manchester Regional High School District, 181 N.J. 161 (2004), modifying 363 N.J. Super. 130 (App. Div. 2003)
  • Adair v. Pfizer, 245 F. Supp. 2d 437 (D. Conn. 2003)
  • Franklin Medical, et al. v. NPS, et al., 362 N.J. Super. 494 (App. Div. 2003)
  • In re: Tenure of Janet Ingram, 2002 WL 1238418, aff’d by Comm’r, Agency Dkt. No. 367-9/01
  • Murphy v. Luongo, 338 N.J. Super. 260 (App. Div. 2001)
  • M.L.K. v. Kenilworth Bd. of Educ., 2000 WL 871745 (Agency Dkt No. 00-3808)
  • Stowell v. New Jersey State Association of Chiefs of Police, 325 N.J. Super. 512 (App. Div. 1999)
  • Byrum Bus Lines v. Mt. Arlington Bd. of Educ., 1999 WL 105071, aff’d by Comm’r, Agency Dkt No. 240-7/97
  • AFT Local 3417 v. Berkeley Heights Bd. of Educ., 1998 WL 831336, aff’d by Comm’r, Agency Dkt No. 535-5/97
  • In re: Petition for Authorization to Conduct a Referendum on the Dissolution of Union County Regional High School District No. 1, 298 N.J. Super. 1 (App. Div. 1997), certif. den. 149 N.J. 37 (1997)
  • Stagaard, et al. v. Contini, et al., 97 N.J.A.R. 2d (EDU) 217 (Comm’r dec. Dec. 6, 1996), aff’d by State Board, Dkt No. 88-96 (Oct. 1, 1997)
  • C.M. v. Elizabeth Bd. of Educ., 96 N.J.A.R. 2d (EDS) 75 (O.A.L. Nov. 22, 1995)
  • D.B. v. Elizabeth Bd. of Educ., 95 N.J.A.R. 2d (EDU) 253 (State Board June 7, 1995)
Honors and Awards
  • Certified by the Supreme Court of New Jersey as a Civil Trial Attorney
  • Recognized in Chambers USA—America’s Leading Lawyers for Labor & Employment (2017-2021) A description of the selection methodology can be found at https://chambers.com/about-us/methodology.  No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
  • Recognized on the New Jersey Super Lawyers List, Employment and Labor (2005 - 2021)
  • Recognized in Best Lawyers in America, Education Law (2012 - 2021), Corporate Law (2013), Litigation - Labor & Employment (2013 - 2021)
  • Recipient, 2016 Chief George C. Tenney Award, New Jersey State Association of Chiefs of Police
  • Recipient, 2011 President's Award, New Jersey State Association of Chiefs of Police

 

Organizations/Memberships
  • Association of the Federal Bar of the State of New Jersey
  • New Jersey Association of School Attorneys; served three terms on Board of Trustees
  • New Jersey Business and Industry Association; serving on Government Affairs Committee
  • New Jersey State Bar Association
Publications
  • "The First Significant School Regionalization Legislation in Nearly Three Decades," Porzio Education Law Update, March 2021. 
  • "Lessons Learned From Walmart: Best Practices For Employers Regarding COVID-19 Preparation and Communication," Porzio Employment Law Monthly, April 2020. 
  • "New Jersey Becomes More Accommodating For Discrimination Suits Based on Failure to Accommodate Disability," Porzio Employment Law Monthly, July 2019.
  • "Curtain Falls On Action Brought By Exotic Dancers," Porzio Employment Law Monthly, July 2018.
  • "NLRB Circuit Breakers," Porzio Employment Law Monthly, July 2017.
  • "NLRB Making America Grate Again," Porzio Employment Law Monthly, September 2016.
  • "National Labor Relations Board Asks: Can You Hear Me Now?" Porzio Employment Law Monthly, June 2016.
  • "NLRB's Helping Handbook Rules," Porzio Employment Law Monthly, April 2015.
  • "EEOC What May Be Changing," Porzio Employment Law Monthly, December 2014.
  • "Hooters Decision Very Revealing," Porzio Employment Law Monthly, June 2014.
  • "NLRB Will Tackle Northwestern University Football Case," Bloomberg BNA Daily Labor Report, April 18, 2014.
  • "EEOC Has Bitter Rx for CVS," Porzio Employment Law Monthly, March 2014.
  • "It's a Small World," New Jersey Lawyer, December 2013.
  • "It Pays to Discover," Porzio Employment Law Monthly, February 2013.
  • "Employee Alcohol Testing: When Does It Amount To Discrimination?," Porzio Employment Law Monthly, November 2012.
  • "Evaluating Key Clauses and Terms in Today's Employment Agreements," Inside the Minds - Negotiating and Drafting Employment Agreements, 2012 edition, Thomson Reuters/Aspatore Law Books, September 2012.
  • "How Sending-Receiving Relationships Can Double a District's Resources," New Jersey School Boards Association School Leader, Vol. 43, No. 1, July/August 2012.
  • "National Labor Relations Board Weighs in on Social Media Policies," Porzio Employment Law Monthly, June 2012.
  • "Accused Harasser's Status as a Co-worker is No Basis to Dismiss Sexual Harassment Claim Against an Employer," Porzio Employment Law Monthly, October 2011.
  • "Court Rejects Historic 1.5 Million Member Class Action Gender Discrimination Claim Against Wal-Mart," Porzio Employment Law Monthly, July 2011.
  • "The New Reality of Sales Force Behavior and Management," FDLI Monograph Series, Vol. 2, No. 6, June 2011.
  • "Blowing the Whistle on CEPA Expansion," New Jersey Law Journal, March 29, 2010.
  • "It’s No Fun Being an Illegal Alien: Treatment of Undocumented Workers in the Workplace," New Jersey Lawyer Magazine, June 2008.
  • "Appellate Division Imposes Workplace Harassment Standards on Schools," New Jersey Lawyer Magazine, April 2006.
  • "The Benefits of Consolidated Municipal Services: A Case Study of the Township of Mine Hill and the Wharton Police Department," New Jersey Municipalities, February 2005.
  • "Help Wanted in Employment Cases," New Jersey Law Journal, January 10, 2005.
  • "Employers Now Must Buy Whistle, Teach Employees How to Blow It," New Jersey Law Journal, November 15, 2004.
  • "Schools Share Services and Costs of Employees," New Jersey Law Journal, April 19, 2004.
  • "Non-compete Agreements Go Public," New Jersey Law Journal, August 25, 2003.
  • "Employer Personal Dissatisfaction: An Impregnable Defense to Claims of Wrongful Termination," Commerce Magazine, Summer 2003.
  • "Arbitrate This—Or Maybe Not," New Jersey Law Journal, January 27, 2003.
  • "Court Broadens Concept of Continuing Employment Law Violations," New Jersey Law Journal, September 23, 2002.
  • "The Impact of New Jersey’s New Public Access Act," New Jersey School Boards Association School Leader, Vol. 32, No. 1, July/August 2002.
  • "What to Know About the New Right-to-Know Law," New Jersey Law Journal, July 1, 2002.
  • "A Primer for Chiefs," The New Jersey Police Chief, 2002.
  • "New Jersey Supreme Court Approves Mandatory Arbitration of Wrongful Termination Claims," Commerce Magazine, September 2001.
  • "In Defense of Zero Tolerance," New Jersey Law Journal, May 21, 2001.
  • "Revised Model Jury Charge Section 2.21," New Jersey Law Journal, March 26, 2001.
  • "Legal Considerations When Hiring a Consultant," The Corporate Governance Advisor, Vol. 9, No. 1 (January/February 2001).
  • "The Office of Police Chief Under Fire," The New Jersey Police Chief, 2000.
  • "NJSACOP: A Friend of the Court," The New Jersey Police Chief, 1999.
  • "School District Dissolution: A Recent Solution," Municipal Bond News, August 1998.
  • "Police Chiefs Setting Legal Precedent," The New Jersey Police Chief, 1998.
  • "Employers’ Liability Continues to Grow," The New Jersey Police Chief, 1997.
  • "Administrators’ Rights and Responsibilities in the New Era of Safe Schools Legislation," NJASA Perspective, 1996.

 

Speaking Engagements
  • "State and Local Government in New Jersey," Guest Lecturer on School Regionalization, The College of New Jersey, March 22, 2021. 
  • “Managing Staff in the COVID-19 Era,” New Jersey State Association of Chiefs of Police Executive Briefing Series, December 17, 2020.
  • "Politically Incorrect: Regulating Employee Speech In and Out of the Workplace," Porzio Employment Law Forum, October 27, 2020.
  • "The Old School and the New - - Considerations for School Re-Opening," Porzio Webinar, July 7, 2020.
  • "NJ Business and Employment Issues During COVID-19: What Business Leaders Must Know," NJMEP Webinar, April 13, 2020.
  • "NJ Business and Employment Issues during COVID-19: What CEOs and Business Leaders Must Know," Young President's Organization – NJ Chapter, Webinar, April 9, 2020.
  • "Roundtable Discussion: The Opioid Crisis and Its Impact on the Workplace," Porzio Employment Law Forum, October 3, 2019.
  • "From the Trenches: An Inside look at the Forces and Pressures that Drive People to Violate the Law," CBI's 16th Annual Pharmaceutical Compliance Congress, April 18, 2019.
  • "NLRB: What’s Old Is New Again," Porzio Employment Law Forum, October 3, 2018.
  • "Current Trends and Best Practices in Human Resources," ASAH's 5th Annual Symposium for Business Office and Human Resources Personnel, May 18, 2018.
  • "HIPAA Update," ASAH's 5th Annual Symposium for Business Office and Human Resources Personnel, May 18, 2018.
  • "Tips From The Firing Squad: Best Practices For Terminations," Porzio Employment Law Forum, November 15, 2017.
  • "Employment Law Basics for Owners & Managers," Lightbridge Academy Owners Conference, October 17, 2017.
  • "Boundaries: Staying Behind the Line," Cerebral Palsy of North Jersey, June 20, 2017.
  • "Cutting Edge Developments in Law and Regulation that Impact the Operation of Your School," ASAH 39th Annual Conference, November 18, 2016.
  • "Job Descriptions: Cutting Edge Tips For Ensuring You Get It Right The First Time," Porzio Employment Law Forum, November 15, 2016.
  • "Bullet-Proof Employee Handbooks," Litigation Management: In-House Counsel Finding Sanctuary, The Network of Trial Law Firms, Inc., October 29, 2016.
  • "Social Media - New Challenges and Opportunities," CBI's 13th Annual Pharmaceutical Compliance Congress, April 26, 2016.
  • "Internal vs. External Investigations - How Far Have We Come?" Porzio Compliance Forum, December 3, 2015.
  • "Tips on How to Manage Employees Without Violating Federal Law," Porzio Employment Law Forum, November 20, 2015.
  • "Cutting Edge Developments in Law and Regulation that Impact the Operation of Your School," ASAH's 38th Annual Conference, November 13, 2015.
  • "Human Resources & Employment Law - National Labor Relations Board," ASAH's 2nd Annual Symposium, March 6, 2015.
  • "Effective Practice Before, & Litigation With, Federal and NJ Civil Rights Enforcement Agencies," Rutgers School of Law, December 4, 2014.
  • "NLRB Protection of Employee Rights on Social Media and in Other Concerted Activities," Porzio Employment Law Forum, November 17, 2014.
  • "Staff Rights and Responsibilities," Morris County Association of School Administrators, July 17, 2014.
  • "Leave Requests: Navigating Your Responsibilities Under The FMLA and NJFLA," Porzio Employment Law Forum, November 15, 2013.
  • "The NLRB and Social Media Policies," NJ Bankers Association Law Forum, March 20, 2013.
  • "Managing the Manager: What Your Managers Should Know," Porzio Employment Law Forum, December 2012.
  • "The New Tenure Law," New Jersey School Boards Association Annual Convention, October 2012.
  • "Proposed Changes to the Sunshine Law and Open Public Records Act," New Jersey State Bar Association Podcast, July 2012.
  • "Effective Personnel Management," NJSACOP Policing Your Town Seminar, March 2012.
  • "Harassment, Intimidation and Bullying," Seton Hall School of Law, guest lecturer, February 2012.
  • "Communicating with the Troops: How to Best Document and Distribute Information on Company Policies," Porzio Employment Law Forum, November 2011.
  • "Ask the Lobbyist and the Lawyer," New Jersey Child Care Association's Partners in Education Child Care Conference, April 2011.
  • "Minimizing Risks Upon Termination," Porzio Employment Law Forum, October 2010.
  • "School Law for the Non-School Lawyer," NJICLE Seminar, September 2010.
  • "Family Leave Act: Updates and Practical Advice," BioNJ HR Forum, February 2010.
  • "School Law Forum," New Jersey School Boards Association Annual Convention, October 2009.
  • "Handling Whistleblowers During an Investigation," Porzio Employment Law Forum, October 2009.
  • "Making New Jersey More Affordable for Businesses and Residents," sponsored by Raritan Valley Community College, The Courier News, MyCentralJersey.com, the Somerset County Business Partnership and New Jersey 101.5, October 2009.
  • "Governance and Education," Morris County Administrators and Supervisors Association, August 2009.
  • "Regionalization and Consolidation," New Jersey Principals and Supervisors Association, April 2009.
  • "Managing Day-to-Day," NJSACOP Policing Your Town Seminar, March 2009.
  • "Consolidation of NJ Public School Districts," NJEA Mid-Year Conference, February 2009; broadcast on Michael Arons' "On the Record" on NJN.
  • "Employment Law Update," BioNJ HR Forum, January 2009.
  • "Regionalization and Consolidation," New Jersey School Boards Association Delegate Assembly Panel, November 2008.
  • "Insights Regarding the New Accountability Regulations," Union County Association of School Business Officials, November 2008.
  • "What's New Under the Sunshine Law," Passaic County Association of School Business Officals, March 2008.
  • "Direct Examination of a Lay Witness," Porzio, Bromberg & Newman Summer Associate Seminar, July 2007.
  • "Handling Whistleblowers During an Investigation," CBI's Forum on Internal Investigations & Self Disclosure for the Bio/Pharmaceutical Industry, Washington, DC, June 2007.
  • "Case Studies: Employment Rights and Responsibilities," NJSACOP Executives Institute, April 2006.
  • "Building an Effective Business Conduct and Compliance Program: Effectively Dealing with Employment-Related Issues," CBI’s 3rd Annual Pharmaceutical Marketing Compliance Congress, January 2006.
  • "Electronic Communications and Other OPMA Issues," Essex and Passaic County School Boards Associations’ Legal Forum, January 2006.
  • "Practical Applications of the Current Open Public Records Act," New Jersey Foundation for Open Government Conference, April 2005.
  • "Legal Obligations to Address Harassment, Bullying, Child Abuse and Neglect," Union County Superintendent of Schools’ Roundtable, April 2005.
  • "Regional School District Funding Problems and Solutions," LBI Taxpayers’ Association Forum, January 2005.
  • "Employment Law Update," Union County Association of School Business Officials, October 2004.
  • "Regional School District Funding Problems and Solutions," SPDC Forum, September 2004.
  • "Case Studies on Employment Issues," NJSACOP Policing Your Town Seminar, May 2004.
  • "Tenure and Seniority," NJASA Spring School Law Forum, June 2003.
  • "Legal Issues for Public Employers," Passaic County Association of School Business Officials, February 2003.
  • "Employee Handbooks and Employment Contracts," NJBIA Hot Topics in Employment Law Seminar, November 2002.
  • "Applying the Revised Open Public Records Act," New Jersey School Boards Association Annual Convention, October 2002.
  • "The New Open Public Records Act," Seton Hall School of Law, guest lecturer, October 2002.
  • "Practical Implications of the Whistleblower Law," NJSACOP Institute, September 2002.
  • "The New Open Public Records Act," Union County Association of School Business Officials, June 2002.
  • "Understanding and Avoiding Claims for Wrongful Termination," AEA Human Resource Directors Roundtable, March 2002.
  • "The New Open Public Records Act," Passaic County Association of School Business Officials, January 2002.
  • "Review of New Legislation," NJSACOP Policing Your Town Seminar, January 2002.
  • "Effective Employment Practices," Somerset County Business Officials Association, January 2002.
  • "Student Discipline Issues," Union County Juvenile Officers Association, January 2002.
  • "Personnel Policies and Practices for Emergency Situations," Essex and Passaic County School Boards Associations, November 2001.
  • "How to Minimize Liability in Running Your Police Department," New Jersey League of Municipalities Annual Convention, November 2001.
  • "Employee Handbooks and Employment Contracts," NJBIA Hot Topics in Employment Law Seminar, June 2001.
  • "The Benefits of Effective Documentation," School Counselor Summit, March 2001.
  • "Contracts, Collective Bargaining Strategies and Labor Relations," NJSACOP Policing Your Town Seminar, January 2001.
  • "Legal Tips for School Business Practices," Essex and Passaic County School Boards Associations, November 2000.
  • "Contractual Rights and Responsibilities," NJSACOP Institute, September 2000.
  • "Employee Handbooks," NJBIA Hot Topics in Employment Law Seminar, June 2000.
  • "Restrictive Covenants and the Unwitting Creation of Employee Contracts through Employee Handbooks," AEA Human Resource Directors Roundtable, February 2000.
  • "Effective Collective Bargaining Strategies," NJSACOP Policing Your Town Seminar, January 2000.
  • "Contracts and the Realities of Binding Arbitration, The Impact It Will Have on Your Agency," NJSACOP Policing Your Town Seminar, January 2000.
  • "Sexual Harassment in the Schools," Essex and Passaic County School Boards Associations, December 1999.
  • "Management Issues in Collective Bargaining," St. Elizabeth’s College, June 1999.
  • "How to Run a Board Meeting," Essex and Passaic County School Boards Associations, February 1999.
  • "Reasonably Accommodating Section 504," New Jersey School Boards Association Annual Convention, October 1998.
  • "Legal and Practical Aspects of Regionalization," New Jersey Council of Educators, September 1998.
  • "Legal Issues for Police Management," NJSACOP Policing Your Town Seminar, April 1998.
  • "Deregionalization and Dissolution: Regional School Districts Learn to Divide," New Jersey School Boards Association Annual Convention, October 1996.

Practice

Industries

Related Media

Bar Admissions

  • New Jersey, 1989
  • United States Supreme Court, 2019

Education

Washington & Lee University School of Law, Lexington, VA, J.D., cum laude, 1989.

  • Order of the Coif
  • Captain, National Moot Court Team
  • Best Oralist, Burks Moot Court Competition
  • American Jurisprudence Award in the Study of Evidence

University of Notre Dame, Notre Dame, IN, B.A., 1986.

  • News and Sports Broadcaster, WVFI-AM/WSND-FM
  • College of Arts and Letters Student Advisory Council

Contact Address

100 Southgate Parkway

Morristown, NJ 07962-1997

Phone: 973.538.4006

Fax: 973.538.5146

  • Gagliardi, Jr., Vito
  • Gagliardi, Jr., Vito
  • Gagliardi, Jr., Vito

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