Michael J. Gesualdo

Michael J. Gesualdo

Partner
Location:
Newark, New Jersey
Phone:
973-690-5400
Fax:
973-466-2760
Email:

Michael J. Gesualdo is a litigator who maintains a diverse litigation practice with a focus on complex commercial and business litigation in the Federal and State courts of New Jersey, and extensive experience in employment, advertising, trademark and First Amendment matters. In addition to his trial court work, Michael has represented clients in AAA arbitration, as well as in challenges before the National Advertising Division (NAD).

He draws on his knowledge and years of courtroom experience, including during his clerkship for the Honorable James S. Rothschild, J.S.C. (Ret.) in the Superior Court of New Jersey, Essex County, to assist clients in making cost-effective litigation decisions, and counsels them on a multitude of litigation-related matters, including pre-suit negotiations through post-trial appeals.

In 2016, Michael was appointed by Chief Justice Stuart Rabner to serve the Office of Attorney Ethics, State of New Jersey, District V-A Ethics Committee, covering the City of Newark. He is responsible for investigating allegations of attorney misconduct and maintaining the public’s confidence in our attorney-monitored disciplinary system.

He has volunteered as a mentor with the New Jersey Law Education and Empowerment Project (NJ LEEP). He is a member of the Historical Society of the United States District Court for the District of New Jersey and the Hispanic Bar Association of New Jersey.

Michael received his B.A. from the College of New Jersey in 2001 and his J.D. from Seton Hall Law School in 2004. Following his graduation from Seton Hall Law School, he served as a Law Clerk to the Honorable James S. Rothschild, J.S.C. (Ret.) in the Superior Court of New Jersey, Essex County. After his clerkship, Michael gained extensive litigation experience as Litigation Counsel for a national insurance company.

RESULTS

Represented Bayer HealthCare LLC, maker of Coppertone sunscreen, in a challenge before the NAD concerning advertising by Cross Brands Inc. for its competing Sea & Ski sunscreen products.  Obtained favorable decision by the NAD when it recommended that Cross Brands discontinue its advertising claims that Sea & Ski sunscreens provide “IR GUARD infrared protection” and “INFRARED sunscreen protection for your skin from free radical damage caused by long term exposure to IR-A waves.”

Represented Newark Morning Ledger Co. in the United States District Court for the District of New Jersey and obtained the dismissal with prejudice of a former employee’s claims brought under Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, and the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-12, et seq.

Represented NDS, Inc. in the Superior Court of New Jersey concerning a claim brought by an alleged holder in due course of a dishonored check. Obtained summary judgment in favor of NDS dismissing U.C.C. claims pursuant to N.J.S.A. 12A:3-414, the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, and unjust enrichment, which was affirmed on appeal.

Represented Mike’s Flooring Companies in an arbitration before AAA regarding a breach of contract claim. Obtained a significant recovery on behalf of the claimant after several hearing days.

Represented Newark Morning Ledger Co. in the Superior Court of New Jersey. Successfully secured dismissal of a defamation claim, which was affirmed on appeal.

Areas of Practice

  • Business and Commercial litigation
  • Employment litigation
  • Construction litigation
  • Trademark Law
  • Media Law
  • Advertising Law

Bar Admissions

  • New Jersey
  • U.S. District Court for the District of New Jersey
  • Supreme Court of the United States of America

Education

  • Seton Hall University School of Law, Newark, New Jersey
    • J.D. - 2004
  • College of New Jersey
    • B.A. - 2001

Professional Associations and Memberships

  • Historical Society for the United States District of New Jersey
  • Hispanic Bar Association of New Jersey
  • New Jersey State Bar Association

Past Employment Positions

  • Honorable James S. Rothschild, J.S.C., Law Clerk