James P. Walsh, Jr. is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Walsh represents employers in a broad array of labor and employment law matters before state and federal courts and administrative agencies, as well as in FINRA and AAA arbitrations. Mr. Walsh's representative experience includes the following:
Employment Litigation: Mr. Walsh has experience litigating complex claims under ERISA (involving alleged breaches of fiduciary duty, 401(k) and defined-benefit plan fees and expenses, stock-drop litigation and stock-option backdating, ESOP prohibited transactions, forfeiture of top-hat plan benefits, and challenges to plan amendments and termination of retiree medical benefits), Title VII (involving class claims of gender and race discrimination in promotions, compensation and termination, as well as single- and multiple-plaintiff claims of sexual harassment and religious discrimination / accommodation), ADEA (involving collective actions and single-plaintiff claims), and other discrimination statutes. Mr. Walsh has been first-chair in arbitrations involving claims of wrongful termination, and has examined fact and expert witnesses in arbitrations (FINRA, AAA) and prepared witnesses for trial. Other first-chair experience includes successfully arguing for, and defending against, preliminary injunctive relief in state and federal courts in cases involving misappropriation of trade secrets, workplace safety, and violations of the federal Computer Fraud and Abuse Act. Mr. Walsh's experience includes working with computer-forensic and business valuation experts, both as members of the litigation team and as neutral third-party experts.
Counseling: Mr. Walsh counsels employers of all sizes on the full range of employment law matters, including issues under Title VII, ADA, FMLA, ADEA, OWBPA, FLSA, WARN, ERISA, state law causes of action, and mandatory arbitration policies. He regularly conducts workplace investigations, including sexual harassment and other complex investigations that may involve obtaining and analyzing computer-forensic evidence. He also advises employers on individual and group termination decisions, accommodating disabilities, leaves of absence, and trade secret/noncompete/employee raiding issues, as well as drafting employee handbooks, employment agreements, severance agreements, and independent contractor agreements. In addition, Mr. Walsh spent several months serving as a client's in-house labor and employment counsel and in that role worked on a daily basis with the client's business leaders and human resource professionals.
Training/Speaker: Mr. Walsh has conducted training and spoken in the areas of sexual harassment prevention, managing leaves of absence, and workplace investigations.
Prior to joining Morgan Lewis, Mr. Walsh managed an Internet-based business news and information product for Dow Jones & Company, Inc. He also was an assignment editor for a television news station in Philadelphia.
Mr. Walsh received his J.D., magna cum laude, from Temple University School of Law in 2000. He received his B.A., cum laude, in communications from Temple University in 1990.
Mr. Walsh is admitted to practice in New Jersey, New York, and Pennsylvania and before the U.S. District Court for the District of New Jersey, the U.S. District Courts for the Eastern and Southern Districts of New York, and the U.S. District Court for the Eastern District of Pennsylvania.
