James W. Weller

What do you focus on?

I primarily focus on complex commercial litigation, health care litigation and class actions.

Commercial Litigation

My practice involves suits ranging from complex breach of contract claims to fraud, securities litigation, intellectual property, mass torts and multidistrict litigation. I represent clients in state and federal courts throughout the United States. I enjoy partnering with my clients and many turn to me year-after-year for advice on how to avoid litigation. While my goal is to resolve issues in an efficient and cost-effective manner, because of my extensive trial experience my clients and adversaries know I have no hesitancy taking a case to verdict if necessary.

Restrictive Covenants (Non-compete Clauses) & Trade Secrets

An important aspect of my work is assisting clients, particularly health care providers, protect their practices as well as their valuable and highly sensitive business information through the use, and enforceability, of restrictive covenants. An equally important goal for many of my clients is remaining competitive and hiring skilled and knowledgeable employees who may be subject to restrictive covenants. Often this requires me to seek emergency court intervention for temporary or preliminary relief when a former employee seeks to or has breached the restrictive covenant in their contract. I have successfully enforced such covenants in the trial and appellant courts throughout New York and have also successfully challenged covenants which were overly broad.

Arbitration

I also spend a significant part of my practice in alternative dispute resolution, chiefly arbitration. I have represented a number of major industrial manufacturers and other clients in domestic and foreign arbitrations before the American Arbitration Association (AAA), National Arbitration and Mediation (NAM) and Financial Industry Regulatory Authority (FINRA) as well as a host of private arbitrators. One of my clients, Tom Hine, wrote a book about my successful representation in a claim brought against him before the National Association of Securities Dealers (NASD)—NASD Arbitration Solution: 5 Black Belt Principles to Protect and Grow Your Financial Services Practice by Thomas Hine and John Brubaker. Most recently, I successfully defended a $10M breach of contract and fraud claim before AAA for a major manufacturing client.

Publications and Presentations

• “Restrictive Covenants and Liquidated Damage Provisions: Ensuring Enforceability to Protect Businesses and Medical Practices” (with Daniel Gibbons), New York Law Journal, May 14, 2019
• “Litigation Land Mines: How to Minimize Exposure and Protect Your New Business,” LaunchPad Huntington, January 2015 (Co-presenter)
• “Are You Recall Ready?” Nixon Peabody Webinar, October 2014 (Presenter)
• “The Good, the Bad, the Ugly: What’s Trending in Social Media,” AIG, December 2013 (Co-presenter)
• “Round Table Discussion of Challenges Facing In-house Counsel,” American Conference Institute, Conference on Drug and Medical Device Litigation, December 2009 (Presenter)
• “Consumer Product Safety Improvement Act of 2008: Transparency in the Information Age,” DRI In-House Defense Quarterly, Spring 2009 (Author)
• “Protecting Against Product Liability Risk in Trade With Chinese Manufacturers: Arbitration And Enforcement Of Arbitral Awards,” Products Liability Alert, January 2009 (Author)
• “The Deputization of State AGs Under CPSIA,” Product Liability Law 360, December 2008 (Author)
• “The Consumer Product Safety Improvement Act of 2008: Issues in Implementation,” Webinar, December 2008 (Presenter)
• “Approved Advertising Boot Camp on Cosmetics, OTC Topical Drugs, Cosmecuticals and Nutracosmetics,” American Conference on Cosmetics, March 31–April 1, 2008 (Presenter)
• “Coordination of Mass Tort Proceedings,” The Practical Litigator, March 2008 (Author)
• “Recent Developments in Spoliation Law,” Product Liability Law and Strategy, December 2007 (Author)
• “Coordination of Mass Torts in State Court,” New York Law Journal, September 10, 2007 (Author)
• “Minimizing the Impact of a Product Liability Suit: Private Litigation Concerns Relative to Cosmetics and OTC Topicals,” American Conference on Cosmetics, OTC Topical Drugs, May 22, 2007 (Presenter)
• “E-Discovery: You Thought You Heard the Last Word,” American Bar Association 2006/Emerging Issues in Motor Vehicle Product Liability Litigation, April 6, 2006 (Presenter)
• “Products Liability and The Elements of Science: Admissibility of Expert Testimony in New York and Other Frye States,” 41 Tort Trial and Insurance Practice Law Journal, Fall 2005 (Author)
• “The Elements of Science: Application of Frye in New York State and Other Frye States,” American Bar Association 2005/Emerging Issues in Motor Vehicle Product Liability Litigation, March 31, 2005 (Presenter)
• “Securities Arbitration: Challenging the Adverse Expert and Working with Your Own,” The Network of Trial Law Firms, New York, New York, August 5, 2004 (Presenter)
• “Arbitration/Mediation in Claims Involving Financial Services: What Works, What Doesn’t,” AIG Technical Services, March 8, 2004 (Panelist)
• “When Are You Obligated to Report Ethical Violations of Your Brethren Attorney,” Theodore Roosevelt American Inn of Court, February 3, 2003 (Panelist)

Representative Experience

• Pitts Management Associates, Inc. v. Episcopal Health Services, Inc., No. 602688  (N.Y. Sup. Ct., Nassau Co., January 2020) (secured dismissal of plaintiff’s claims and a $3.7 million award on client’s counterclaim following a two-week breach of contract bench trial)
• Episcopal Health Services, Inc. v. Hendon Garden Center, LLC and Providence Care, Inc., Arbitration (July 2019) (award of $1.2M to client in claim to entitlement of escrow funds)
• J-K Apparel Sales Co., Inc. v. Linda Esposito n/k/a Linda Pencek, AAA Commercial Arbitration Number 01-16-0004-2362 (October 2017) (unanimous award of $3.5M to client for respondent’s breach of non-solicitation and non-compete agreement)
• Marvin S. Becker, MD v. Signator Investors and Michael Napolitano, FINRA Dispute Resolution Arbitration Number 08-004839 (November 2008) (award dismissing all counts against client for failure to supervise, negligence and aiding and abetting fraud)
• 1998 Gerald Monter Trust v. Massachusetts Mutual Life Insurance, et al. 01-012387 (Nassau County Supreme Court, 2006) (jury verdict for client Arnone, Lowth, Fanning, Wilson & Rubin)
• Katz v. Ford Motor Company, 00-18933 (Suffolk County Supreme Court, 2005) (directed verdict for client, Ford Motor Company)
• Eric Hermanson v. Thomas J. Hine, Walter Kelly and Kelly Financial Group, NASD Arb. 02-04133 (June 2004) (award dismissing all counts against clients for claims for unsuitability)
• Gould Paper Corporation v. Boise Cascade Corporation, 95 CIV 9971 (S.D.N.Y. 2000) (jury verdict for client, Boise Cascade Corporation)