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When the Appellate Division decided Hitesman v. Bridgeway Inc., 430 N.J. Super. 198 (App. Div. 2013), it represented an important clarification of the limits to which an employee in the health care sector could point to amorphous standards as part of an “objectively reasonable basis” for making a whistleblower claim under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8. A new unpublished decision of the Appellate Division shows how Hitesman is already making is mark, even while that case remains before the N.J. Supreme Court which has yet to weigh in on whether it agreed with the Appellate Division’s thinking on this score.

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Kevin J. O'Connor

Kevin is a partner with Peckar & Abramson, PC and has over 18 years' experience as a trial attorney with a focus on EPLI/D&O defense, complex partnership and corporate litigation, construction law, business dissolutions, and restrictive covenant litigation. He is a frequent lecturer on employment and construction law and has published numerous articles in those areas. He is admitted to practice law in the States of New Jersey, New York and Pennsylvania and practice before federal courts in both New Jersey and New York, including the District of New Jersey, the Eastern, Western and Southern Districts of New York, as well as the Second and Third Circuits, and the State of Pennsylvania. Specialties: EPLI and D&O defense| partnership and corporate dissolutions| construction litigation| unfair competition| restrictive covenant and trade secret litigation| Computer Fraud & Abuse Act and Computer Related Offenses Act claims| class action defense (wage and hour, discrimination, and Fair Housing Act/ADA/Rehabilitation Act)

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