James D. Nelson

Partner

James D. Nelson is an appellate lawyer who represents clients at every stage of litigation. He has represented clients in the US Supreme Court, nearly every federal circuit court of appeals, multiple federal district courts, and state appellate and trial courts. He provides advice on strategy before and at the beginning of litigation, leads brief-writing teams dealing with complex legal issues at the pre- and post-trial stages, and handles complex appeals. Before joining Morgan Lewis, James clerked for Judge Thomas M. Hardiman on the US Court of Appeals for the Third Circuit.

James’s practice focuses on complex civil disputes, including class action and consumer litigation, labor and employment, white collar, antitrust, and legacy liability litigation. He has experience in employment classification cases, Fair Labor Standards Act (FLSA) disputes, arbitration-related issues, and technology law (including Section 230). James provides appellate-level advocacy from the beginning of cases, advising on strategy before trial, leading pre-trial briefing teams, assisting with trial strategy, and handling appeals from briefing to oral argument throughout the United States.

James helps clients navigate difficult procedural, statutory, and constitutional questions, including regarding personal jurisdiction, federal preemption, the dormant commerce clause, and interlocutory appeals. Clients trust him to understand their business needs and provide quick insights on the best path forward for resolving their disputes, including based on his deep knowledge of federal courts and appellate procedure, and his ability to work across industries and Morgan Lewis practices to provide seamless and excellent client service.

Harvard Law School, 2016, J.D., cum laude
Patrick Henry College, 2013, B.A., Government, International Politics and Policy, summa cum laude

District of Columbia
US Supreme Court
US Court of Appeals for the Federal Circuit
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Eleventh Circuit

Clerkship to Thomas M. Hardiman of the US Court of Appeals for the Third Circuit (2016 - 2017)

Listed, The Best Lawyers in America, Ones to Watch, Appellate Practice, Washington, DC (2023–2025)

Editor and Forum Editor, Harvard Law Review

Executive Editor, Harvard Journal of Law and Public Policy

Fellow, Blackstone Legal Fellowship