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Emily A. Kaller
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Emily is an experienced commercial litigator who assists clients in the resolution of business, estate and trust, and personal disputes through strategic counseling, alternative dispute resolution (ADR) including negotiation and mediation, and litigation in state and federal courts. She brings a practical approach to resolving conflicts, taking into account the client’s budget, potential legal exposure, and litigation tolerance, and working closely with the client to develop a strategy that best meets their objectives given the specific facts of their case.

Emily’s experience includes contract disputes arising under licensing, operating and asset sale agreements, environmental contamination cleanup and contribution actions, and the prosecution and defense of financing, credit and other banking matters. She has represented clients in both state and federal courts, including appellate practice before the New Jersey Supreme Court, Appellate Division and the U.S. Third Circuit Court of Appeals. Her work in chancery practice includes estate and trust litigation involving breach of fiduciary duty, testator’s or grantor’s intent, undue influence, and other issues, claims for injunctive relief in business disputes including shareholder oppression cases, and restrictive covenant litigation. Her experience also encompasses complex litigation involving class action lawsuits focused on consumer claims, alleged securities fraud, and personal injury.

Emily has conducted and assisted with internal investigations on behalf of public and private entities in connection with a variety of matters. Her experience in this area includes inquiries into allegations of bid rigging on behalf of a public entity, the investigation of alleged employee harassment in the workplace, inquiries into allegations of financial improprieties, and internal investigations conducted in response to governmental subpoenas.

Results may vary depending on your particular facts and legal circumstances.

Bar Admissions

  • New Jersey, 1997
  • New York, 1998
  • U.S. District Court, District of New Jersey, 1997
  • U.S. District Court, Eastern and Southern Districts of New York, 2006
  • U.S. Court of Appeals, Third Circuit, 2008

Education

  • Rutgers University School of Law, J.D., with high honors, 1997
  • The New School for Social Research, B.A., 1994

Recognition

  • Litigation Counsel of America Fellow
  • Listed in New Jersey Super Lawyers (a Thomson Reuters business) in the Business Litigation, Civil Litigation: Defense, Estate & Trust Litigation, Banking, Closely Held Business and Environmental Litigation practice areas (2015 – present); listed by Super Lawyers as one of New Jersey's Top 50 Women Lawyers (2022, 2020)
  • Martindale-Hubbell Peer Review Rated AV Preeminent (a trademark of Internet Brands, Inc.)
  • Recipient of the Trial Bar Award from the Trial Attorneys of New Jersey (2024)
  • Recipient of the Professional Lawyer of the Year Award from the Trial Attorneys of New Jersey and the New Jersey Commission on Professionalism in the Law (2023)
  • Recipient of the Professional Lawyer of the Year Award from the Middlesex County Bar Association and the New Jersey Commission on Professionalism in the Law (2013)

kaller super lawyers

Please visit our Award Methodology page for a description of the standard or methodology on which these accolades are based. Attorney Advertising: No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Clerkships

  • Former law clerk to The Honorable Freda L. Wolfson, United States District Court, District of New Jersey (1997 - 1998)

Representative Matters

  • Successfully defended an executor against challenges to a complex administration involving the succession and continued operation of privately held businesses within a multi-million-dollar estate.
  • Obtained summary judgment dismissing breach of contract and fraudulent inducement claims arising from the sale of an industrial property.
  • Successfully represented a public entity in litigation involving easements and restrictive covenants governing land use and development rights.
  • Representing a multi-million-dollar estate in a contested will proceeding asserting claims of undue influence, lack of testamentary capacity, and forgery.
  • Representing a closely held business in litigation arising from an order to show cause seeking to compel a non-cooperative shareholder to execute required tax and corporate governance documents.
  • Served as associate counsel to a court-appointed Special Master overseeing pretrial proceedings in a complex insurance coverage dispute exceeding $100 million, including management of discovery disputes and preparation of a report and recommendations on a dispositive motion adopted in full by the federal district court.
  • Member of the defense team in complex life insurance trust litigation.
  • Member of the defense team in complex class-arbitration of claims brought by providers against an insurance company.

 

Memberships

  • Trial Attorneys of New Jersey: past President (2020); Amicus Committee Co-Chair; Membership Committee past Chair 
  • New Jersey State Bar Association: LGBTQ Rights Section (past Chair); Diversity Committee (2022-2023 and 2023-2024 terms); Business & Commercial Litigation Special Committee (2021-2022 and 2022-2023 terms); Women in the Profession Section (past Chair); Nominating Committee Chair (2020-2021)
  • Association of the Federal Bar of New Jersey
  • Middlesex County Bar Association: Middlesex County Judicial & Prosecutorial Appointments Committee (former member)
  • New Jersey Women Lawyers Association
  • Financial Women’s Association New Jersey Committee Co-Chair (2010 – 2011)

Committees

  • New Jersey Supreme Court: Advisory Committee on Judicial Conduct (ACJC) of the Supreme Court of New Jersey; Committee on Women in the Courts (2010 – 2012, 2012 – 2014, 2014 – 2016, 2016 – 2018, 2018 – 2020); Bar Education Subcommittee (former Vice Chair)

Personal

  • Rutgers Alumni Association

Announcements

Seminars & Events

Of Interest