Jim Weller is a seasoned trial lawyer and member of NP Trial®, an international team of Nixon Peabody’s most successful and experienced trial attorneys. He represents a broad range of commercial clients in litigation and arbitration proceedings throughout the country.
I primarily focus on complex commercial litigation, health care litigation and class actions.
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.
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.
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.
New York Law Journal | May 14, 2019
Long Island Complex Commercial Disputes partners Dan Gibbons and Jim Weller co-wrote this contributed article analyzing the use of restrictive covenants in physician contracts.
Law360 | November 28, 2016
This story is about a Tenth Circuit decision to vacate the Consumer Product Safety Commission’s (CPSC) ruling on small, high-powered magnets. Long Island commercial litigation partner Jim Weller is quoted discussing how challenging it can be for a company to take on a high-powered government agency.
Hofstra University School of Law, J.D., (with distinction, Editor-in-Chief Law Review)
State University of New York at Stony Brook, B.A., (President's Award for Academic Excellence)
U.S. Court of Appeals, Second Circuit
U.S. District Court, Northern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
James was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2020 in the field of Litigation—Health Care, and was named the 2020 Long Island “Lawyer of the Year” for Litigation—Health Care. He has been listed in Best Lawyers since 2018.
James has received an “AV” rating by Martindale-Hubbell, its highest accolade. He was also featured in the Long Island Business News “Who’s Who in Intellectual Property & Labor Law.” He has been recognized for his exceptional standing in the legal community in the area of General Litigation in New York Super Lawyers, and has been recognized by The American Lawyer as one of the top-rated lawyers in litigation.
James Weller is a member of the American Bar Association and its Litigation and Tort and Insurance Law sections; he also serves on the Business Torts Litigation Committee, Products Liability Committee, and Trial Practice Committee. In addition, he is a member of the New York Bar Association and the Theodore Roosevelt Inns of Court.