James Whalen, Brooks Pierce Photo

James W. Whalen

Associate

Overview

James Whalen represents individuals, businesses, and nonprofit organizations in all stages of litigation. His practice focuses on complex constitutional and business cases and appeals, as well as guidance for nonprofits and political organizations and candidates. With a principal focus of winning cases in court, he represents clients and litigates cases in courts across North Carolina.

In his appellate practice, James has argued cases in the U.S. Court of Appeals for the Fourth Circuit, the North Carolina Supreme Court, and the North Carolina Court of Appeals. Over his career, he has litigated criminal appeals for the State and for indigent defendants, and civil cases involving voting rights and election law, environmental law, and business disputes.

Before joining Brooks Pierce, James served in the North Carolina Department of Justice under then Attorney General Josh Stein, in the Office of the North Carolina Solicitor General, where he assisted in high profile litigation in the U.S. Supreme Court, U.S. Courts of Appeals, and state appellate courts. Before that, James clerked in Winston-Salem for U.S. District Court Judge Loretta C. Biggs. James leverages this experience and his background as a federal law clerk to inform his case strategy and assist his clients in state and federal court.

My Practices

  • James represents clients in election matters of all types, including major post-election litigation to defend against hundreds of election protests and ensure that every lawful vote is counted. James helps voters, candidates, and political organizations navigate election rules and has litigates constitutional issues related to voting rights and gerrymandering.

  • James helps businesses of all sizes navigate everything from routine legal issues to large, complex business litigation. James regularly practices in North Carolina’s Business Courts, as well as federal and state trial and appellate courts.

  • James leverages his experience as an appellate advocate to guide litigation at the trial level and develop compelling arguments on appeal. James has argued cases in the U.S. Court of Appeals for the Fourth Circuit, the North Carolina Supreme Court, and the North Carolina Court of Appeals. Over his career, he has litigated criminal appeals for the State and for indigent defendants, and civil cases involving voting rights and election law, environmental law, and business disputes.

  • James advises nonprofit organizations as they form, secure and maintain tax exempt status, and navigate regulatory requirements.

Credentials

Clerkships

Law Clerk to the Honorable Loretta C. Biggs, U.S. Court District Court for the Middle District of NC, 2021-2022

Education

University of North Carolina School of Law, J.D., 2021, with high honors; Order of the Coif; Chancellor’s Scholar; Articles Editor, North Carolina Law Review

University of North Carolina at Asheville, B.A., 2015, cum laude; Student Body President

Admissions

North Carolina

U.S. Court of Appeals for the 4th Circuit

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Middle District of North Carolina

Newsroom

About Me

Originally from Charlotte, James lives in Raleigh with his wife Anna, son Cab, dog Sherlock, and cats Watson and Clue.

  • 34
    34 attorneys named to Business North Carolina's 2025 "Legal Elite" and "Hall of Fame"
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    123 attorneys with the highest standard of professional and personal excellence
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    72 of our attorneys are recognized in The Best Lawyers in America® 2025 Guide
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