James E. Kellett, Senior Partner New York
jkellett@crowell.com
Phone: +1 212.223.4000
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

James E. Kellett is a senior partner in Crowell & Moring's Litigation & Trial Department and the Labor & Employment Practice Group, resident in the New York office. Jim is a trial lawyer with 30  years of experience, and has litigated employment and commercial cases in federal and state courts across the country. Jim's focus has been on representation of management in discrimination and other employment matters, including enforcement of non-competition agreements, theft of trade secrets, and similar claims related to disputes over intellectual property. These matters include representing clients at administrative hearings and bench and jury trials.

Jim's practice has also included counseling employers regarding employee disciplinary matters, business strategies such as layoffs or reorganizations, and any issues implicating federal, state or local employment laws. Jim has also assisted clients in developing and implementing personnel policies and in complying with a myriad of employment laws including, but not limited to, those relating to wage and hour matters, family and medical leave, drug testing, disability, sexual harassment, and discrimination generally. This work included conducting seminars for managers, supervisors, and employees related to a wide variety of issues in which everyday management and human resources activities intersect with statutory and common law requirements.

Jim has served as counsel to numerous national corporations in a variety of industries, including The Clearing House, Brink's, Incorporated, GBG USA, BAX Global, Sbarro, Inc., TNT USA Inc., and ARCADIS US Inc.

Jim’s practice is currently focused on public service work, including assistance to charitable organizations in preparing employee handbooks, and complying with applicable employment laws, and related matters. Jim has also represented low income employees in wage and hour claims, and serves on the Mediation Panel of the Federal Court for the Southern District of New York. Jim’s pro bono work has been recognized by the New York State Bar Association in the designation of "Empire State Counsel," and by the Legal Aid Society for protecting the rights of low income workers.

Sample matters include:

  • Successfully litigated a petition for temporary injunction in Pennsylvania state court in which the court granted the petition in its entirety, and enforced the client company’s non-compete agreement. The resulting Order barred the former employee from a broad range of competitive employment activities.
  • Achieved dismissal for a national corporation on summary judgment in Florida federal court in employment discrimination suit alleging race and same-sex sexual harassment, and seeking 10 million dollars in damages. The District Court's dismissal was upheld on appeal by the United States Court of Appeals for the Eleventh Circuit.
  • Defended national retailer in federal court in breach of contract action by foreign corporation; achieved favorable ruling of lack of personal jurisdiction.
  • Achieved dismissal on summary judgment in state court of employment discrimination case seeking 10 million dollars in damages against national armored car carrier. An appeal of this dismissal was made to the Supreme Court of the State of New York Appellate Division: Second Judicial Department, which recently affirmed the lower court’s decision and upheld the dismissal of this case.


Affiliations

Admitted to Practice: New York, U.S. Supreme Court, U.S. District Court for the Southern, Eastern, and Western Districts of New York, U.S. District Court of New Jersey (currently inactive), U.S. District Court for the Northern District of Illinois Trial Bar, U.S. District Court for the Northern, Central, and Southern Districts of Illinois, U.S. District Court for the Southern District of Indiana, U.S. District Court for the Eastern District of Michigan, U.S. Court of Appeals for the First, Second, Third, Sixth, and Ninth Circuits.



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