Overview

James focuses his practice on education law, labor and employment, and litigation. He advises clients on matters related to contract disputes, public record request compliance, and policy drafting. James also has considerable commercial and labor/employment litigation experience, and he has managed and assisted with several cases from the initial phases of discovery through trial.

James began his career as a public school teacher. He taught fourth and fifth grades in the Mississippi Delta as a member of Teach For America. As a Dillard Fellow at the University of Virginia School of Law, he mentored first-year students in writing and research skills. James’s law practice reflects his commitment to education, labor and employment and litigation, and his first-hand knowledge of the legal challenges that his clients face today.

Download James M. McWeeney's Full Bio

Experience

EDUCATION LAW

• Advises clients how to navigate potential violations of the Establishment Clause and Free Speech Clause of the First Amendment to the U.S. Constitution.
• Drafts school board policies, such as anti-fraternization, open enrollment, and student attendance policies.
• Advises clients on state employee hiring requirements under Ohio law.
• Drafts agreements between school districts and third parties for the provision of healthcare services and special education needs.

LITIGATION

• Drafts legal memoranda, motions, and pleadings for complex commercial litigation, including motions for summary judgment, motions to dismiss, and discovery motions.
• Drafts discovery responses and objections as well as affirmative discovery requests.
• Prepares for and attends depositions and witness preparation sessions.
• Prepared for and attended trial in Chancery Court (DE) and prepared for and attended court hearings in Cuyahoga County Common Pleas Court.
• Manages large-scale electronic document review projects for complex commercial litigation and Foreign Corrupt Practices Act matters, as well as creates and implements review protocols for contract attorney teams regarding relevance, privilege, and confidentiality.
• Drafts motion to dismiss for school district for employment-related litigation.

Recognition

• 2019-2021 – Selected to Ohio Super Lawyers Rising Stars list. Area of practice: Schools & Education.
• 2021 – James M. McWeeney received a 2021 Best Lawyers: Ones to Watch recognition for Education Law.

 

Articles

• The Supreme Court Weighs In: Can Schools Regulate Off-Campus Student Speech?
• Navigating ESSER Funds in an Ever-Changing COVID-19 Landscape
• School Districts Can Get Tax Relief for Certain Paid Leave Expenses
• Property Tax Disputes Are Expected to Proliferate
• Nearly Half of All Walter | Haverfield Attorneys Selected for Inclusion in Best Lawyers®
• Questions Arise with the Reopening of Ohio Sports and Training Facilities
• Walter | Haverfield Elects Four New Partners
• Reminder: The March 31st Deadline for Filing Property Tax Complaints Is Quickly Approaching
• COVID-19: What Ohio Schools Need to Know and Do
• House Bill 491: A Treasure Trove of Legal Changes Affecting Ohio School Treasurers
• Non-teaching employees can coach too, right? The legal implications of hiring non-teaching personnel
• New Ohio Law Changes Student Discipline Procedures and School Resource Officer Requirements
• Post-Parkland protests pose array of legal questions
• Protests Post-Parkland: The legal ramifications of the rising tide of school protests
• #MeToo 101: What districts need to know about the #MeToo movement in schools

Presentations

• “Legal Update,” Northeast Ohio Association of School Personnel Administrators (NEOASPA), May 11, 2021
• Professional Learning Community, Northeast Ohio Association of School Personnel Administrators (NEOASPA) (March 2021)
• Finance, Facilities, and Safety Planning, BASA/OASBO Team Collaboration Conference (February 2021)
• School Districts: Legal Considerations and Updates in a COVID and Non-COVID World, BASA Fall Conference (October 2020)
• Staying Ahead: What You Need to Know About the New Title IX Regulations, W|H Education Webinar (August 2020)
• Talking Points & Other Related Considerations: Re-Open and Re-Start Guidance for 2020-2021, W|H Education Webinar (July 2020)
• Internships – The Legal Perspective, Greater Cleveland Partnership (February 2020)
• Social Media and School Employees, NEOTech Conference (March 2019)
• Is Social Media Your ‘Friend’ When Hiring? Greater Cleveland Partnership’s Internship Summit (February 2019)
• Legal Update: Hot Topics for the 2018-2019 School Year, Columbiana County Educational Service Center (October 2018)
• Legal Aspects of Internships, Greater Cleveland Partnership Internship Summit (February 2018)
• Dangerous Apps, 2018 BASA School Facilities & Safety Conference (February 2018)
• Student Attendance – What Schools Need to Know, OSBA Capital Conference (November 2017)
• Compliance Training, Buckeye Association of School Administrators (August 2017)
• Legal Aspects of Internships, Greater Cleveland Partnership (June 2017)
• Parenting Orders & School Attendance, Ohio Association of Magistrates Spring Conference (May 2017)
• When Litigation Strikes! Public Records, Litigation Hold Letters & Electronic Discovery (April 2016)

• Dangerous Apps (April 12, 2016)

• Sports Law Presentation (April 2016)

• Managing Social Media Identity (March 11, 2016)

• “Legal Aspects of Internships: Legal Issues Employers Should Know,” Cleveland Internship Summit, co-hosted by the Greater Cleveland Partnership and Cleveland State University, Cleveland, Ohio, February 10, 2016.

• Social Media Presentation (Public Forum & Employees) – Cuyahoga County and Summit County ESC (January 21 and February 12, 2016)

• Ohio Case Law & Legislative Update (September 24, 2015)

Associations

• Cleveland Metropolitan Bar Association
• Federal Bar Association