James E. Kellett, Senior Partner New York
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 25 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 also includes counseling employers regarding employee disciplinary matters, business strategies such as layoffs or reorganizations, and any issues implicating federal, state or local employment laws. Jim also assists 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. His assistance to clients includes conducting seminars for managers and supervisors related to a wide variety of issues in which everyday management and human resources activities intersect with statutory and common law requirements.

Jim is actively involved in alternative dispute resolution and currently serves on the mediation panels for the District Court for the Southern District of New York and the New York State Supreme Court, Commercial Division, New York County. Jim is also an author for Practitioner Insights, a Thomson Reuters offering on the WestlawNext legal research platform.

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 is also actively involved in pro bono matters, handling cases individually and supervising teams on large projects. Jim is a member of the Firm's Public Service Practice Group, and his pro bono activities have been recognized by the designation of New York State Empire Counsel for the last six years.

Recent 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.


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, 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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  • Ch. 7 Rulings Won’t Fend Off Disparate Impact Claims
    June 3, 2011 — Employment Law360

Firm News & Announcements

Nov.07.2016 Legal Aid Society Honors Crowell & Moring Attorneys for Protecting the Rights of Low Income Workers
Feb.03.2010 New York State Bar Association Names 19 Crowell & Moring Attorneys As “Empire State Counsel” For Outstanding Pro Bono Efforts