Wayne J. Positan

WAYNE J. POSITAN is an experienced and recognized attorney in the areas of labor and employment law (management/defense litigation); commercial litigation, appellate practice and alternative dispute resolution matters, with extensive experience as a Mediator. In 2016, he received the New Jersey State Bar Foundation’s Medal of Honor. He received Professional Lawyer of the Year Awards from the New Jersey Commission on Professionalism, nominated by ECBA in 2002 and the NJSBA in 2009. In 2024, he received the Commission’s Justice Daniel O’Hern Award in recognition of integrity, competence, high ethical standards, career achievement and service to the bar. He is a recipient of the Essex County Bar Association Saiber Professional Achievement Award and its “Stars of Essex” Award.

He was elected a Fellow of the International Academy of Trial Lawyers, The College of Labor and Employment Lawyers, Litigation Counsel of America, the New Jersey Academy of Management Lawyers, the American Bar Foundation, served as a member of the Executive Committee of the NJ Fellows of the American Bar, and as former Co-Chair of the Fellows of the ABA Section of Litigation.

He has been involved in a variety of widely reported cases such as Baliko v. Stecker, where he obtained a no-cause of action in a jury trial in a claim brought by female construction workers claiming sexual harassment under the NJ Law Against discrimination against union picketers; represented former Attorney General Peter Verneiro in a suit brought by the former State Police Superintendent Carl Williams regarding his termination; Pepsi Bottling Group in a large wage and hour case in the NJ Department of Labor; a departing vice president in a non-compete action by one Fortune 500 company against another; the Port Authority of NY and NJ in a dispute with insurance carriers over the excess coverage claims involved in the World Trade Center bombing; Passaic County regarding their non-liability as an alleged guarantor of bond obligations under the MUA law; former Mayor Corey Booker in a litigation with the Newark City Council; and US Mineral Products/Isolatek International in Chancery Division proceedings, AAA arbitration and the federal court confirmation of an award of damages and counsel fees amounting to approximately $800,000 on its counterclaim against a former CEO. He also achieved a successful result thru mediation for a CEO client involving agreements and stock options in an American subsidiary of a Chinese company. He has litigated non-compete/confidential information cases in the federal and state courts concerning medical research, medical devices, and nutritional product distribution. He successfully represented Hollywood Golf Club in New Jersey Superior Court in litigation involving a member. He currently represents the New Jersey Department of Banking and Insurance in litigation matters.