Edward J. Kelleher

Ed Kelleher litigates and resolves contractual disputes and economic tort claims ranging from complex matters for large and mid-size organizations to smaller cases for family businesses and individuals.  This includes legal analysis and enforcement of non-compete, non-solicitation, and non-disclosure agreements.  Ed also has negotiated, counseled and drafted extensively in the context of protection of confidential information and trade secrets. He is a founding member of Archer’s Trade Secret Protection and Non-Compete Group. Ed is also a member of the firm’s Business Litigation Group.

Among the many specific issues Ed has both prosecuted and defended are the following: restrictive employment covenants, duty of loyalty, inevitable disclosure of proprietary business information, non-solicitation of customers, anti-piracy of employees, unfair competition, tortious interference with prospective economic advantage, misappropriation, absolute litigation privilege, computer fraud and abuse, the New Jersey Computer Related Offenses Act and the Uniform Trade Secrets Act. He has successfully litigated and resolved numerous such actions in State and Federal Court in New Jersey and Pennsylvania, as well as in many other jurisdictions. Ed has represented both employees and employers seeking injunctive and monetary relief in a wide variety of contexts, including sales positions, executives, accountants, engineers, software developers, insurance agents, information technology, landscape design, staffing services, marketing, management, and other professionals.

Ed has extensive experience with Commercial Collections and Consumer Litigation, representing both creditors and debtors in commercial litigation and complex payment disputes.  He has resolved collections issues of all types in the area of debtor and creditor rights.  This includes cases in the following areas:  accounts receivable, commissions, conversion, construction liens, bond claims, liquidated damages, credit applications, personal guaranty and individual liability issues, replevin, equipment leases, enforcement of foreign judgments, promissory notes, real estate and mortgage fraud, fraudulent transfers, mechanic’s liens, wage garnishments, bank levies, post-judgment execution, and Uniform Commercial Code issues.  He also has experience with the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and Red Flag Rules to prevent identity theft.

Ed has litigated in a variety of other contexts and industries including defense of automobile lemon law claims, breach of express and implied warranties, Magnuson-Moss Act, motor vehicle sales and repair issues, New Jersey Consumer Fraud Act, RICO, commercial auto and general liability insurance coverage, insurance agency law, landscaping and snow removal, asphalt and construction material suppliers, and home improvement contractor registration requirements.

Ed began his professional career with Archer directly out of law school, joining the firm in 1997.  A Partner since 2006, Ed became a Shareholder in 2011. 

Representative Experience

Examples of matters in which Ed has effectively and efficiently represented his clients include:

  • Obtaining hundreds of judgments and often collecting the full amount, including use of post-judgment discovery, information subpoenas, and similar execution methods to obtain payment.
  • Defending restrictive employment covenant cases in which temporary restraints were successfully lifted paving the way for a favorable settlement prior to trial.
  • Prosecuting and defending duty of loyalty cases in which temporary restraining orders are sought against employees who have entered into contracts with their former employer’s largest customers.
  • Successfully defending automobile warranty claims, motor vehicle lemon law, and consumer fraud cases in nearly every county in the State of New Jersey.

Cases

  • Holman Enterprises v. Fidelity & Guar. Ins. Co., 563 F. Supp. 2d 467 (D. N.J. 2008)
  • Wenger Feeds Egg Marketing Services v. Tuckahoe Enterprises, 2008 WL 5478419, (Superior Court of New Jersey, Law Div., October 24, 2008).

Professional And Community Involvement

Current Professional Organization Memberships

  • New Jersey State Bar Association
  • Camden County Bar Association
  • New Jersey Creditors Bar Association
  • Camden County Bar Assoc., Commercial Litigation & Civil Practice Committees
  • Gloucester County Chamber of Commerce

Prior Professional and Community Service

  • Vice President, Gloucester County Special Services Education Foundation
  • American Foundation for Suicide Prevention Walk
  • Gloucester County Autism Walk
  • Contributor to Moot Courtroom, Rutgers University School of Law – Camden
  • National Association of Retail Collection Attorneys

Additional Community Information

  • Active participant in numerous 5k races for charity
  • Supporter of Gateway H.S. drama and music departments
  • Supporter of Drexel University TrebleMakers A cappella group

Awards And Recognition

  • Named a “Top Attorney” in Debt Collection by SJ Magazine
  • Phi Beta Kappa

Articles

  • The Chamber Connection, “D.I.Y. Collections – Take Advantage of Small Claims Court”, July 2009
  • Archer, P.C. Client Advisory, “Enforcement of Red Flags Rules to Combat Identity Theft”, April and September, 2009

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