Maxwell K. Weiss is a litigator who handles complex disputes from investigation through resolution. Over the past decade, he has represented both plaintiffs and defendants in class actions, mass arbitrations, multidistrict litigation, and commercial disputes in state and federal courts across the country.
In addition to his role as managing member of Maxwell K. Weiss, PLLC, Max is Director – Class Action Litigation at Don Bivens, PLLC and Litigation Counsel at Darrow AI. In his role at Bivens, he serves as counsel on large-scale mass actions identified through large-scale data analysis, including AI. These cases cover privacy, ERISA, consumer protection, labor and employment, and mass torts and arbitrations. He manages matters from intake and merits validation through pleadings, motion practice, and resolution.
Before joining Bivens and Darrow, Max spent more than five years as a litigator at Patterson Belknap Webb & Tyler LLP. His work there included sprawling anti-counterfeiting actions against hundreds of defendants, in which he conducted court-ordered civil seizures and helped freeze hundreds of millions of dollars in illicit proceeds. He also appeared for an indenture trustee and institutional investors suing a Brazilian bond issuer for non-payment. He began his career at Debevoise & Plimpton LLP, where he worked on litigation and investigations and co-authored analysis of FCPA enforcement.
From 2018 to 2020, Max clerked for U.S. District Judge William J. Martini of the U.S. District Court for the District of New Jersey. During law school, he was an Honors Program intern in the SEC Division of Enforcement’s Trial Unit and a judicial intern in the U.S. District Court for the District of Columbia.
Max graduated summa cum laude from The George Washington University Law School, where he was elected to the Order of the Coif and served as Senior Projects Editor of The George Washington Law Review. His essay on the constitutionality of SEC administrative law judges was published in the Law Review, and its primary thesis was validated by later Supreme Court precedent.
He earned his B.A. magna cum laude from the University of Pittsburgh with a triple major in anthropology, philosophy, and political science.
He writes regularly on litigation, with articles in Law360 and The Bankruptcy Strategist.
Experience, Education & Admissions
Experience (newest first)
| Dates | Role | Organization |
|---|---|---|
| Jan. 2026 – present | Director – Class Action Litigation | Don Bivens, PLLC, Scottsdale, AZ |
| Jan. 2026 – present | Litigation Counsel | Darrow AI, New York, NY |
| Nov. 2020 – Jan. 2026 | Associate, Litigation Department | Patterson Belknap Webb & Tyler LLP, New York, NY |
| Sept. 2018 – Sept. 2020 | Law Clerk to Senior U.S. District Judge William J. Martini | U.S. District Court for the District of New Jersey, Newark, NJ |
| Oct. 2016 – Aug. 2018 | Associate, Litigation Department | Debevoise & Plimpton LLP, New York, NY |
| Jan. – Apr. 2015 | Honors Program Intern, Trial Unit, Division of Enforcement | U.S. Securities and Exchange Commission |
| May – Aug. 2014 | Judicial Intern | U.S. District Court for the District of Columbia |
Education
- The George Washington University Law School, J.D., summa cum laude (May 2016; GPA 3.957)
- Order of the Coif; George Washington Scholar (top 15%); Merit Scholarship recipient
- Senior Projects Editor, The George Washington Law Review
- Legal Research and Writing Fellow; Dean’s Fellow
- Research Assistant to Professor Edward T. Swaine
- University of Pittsburgh, B.A., magna cum laude (May 2013)
- Triple major: Anthropology, Philosophy, and Political Science
- Captain, University of Pittsburgh Rugby Football Club
Bar admissions: New York; Arizona
Beyond the Law
Outside the courtroom, Max is a competitive touch-rugby player and organizer. He has captained New York City’s mixed-gender touch rugby team at two national championship tournaments, and won an international mixed-gender tournament in the Cayman Islands. Max also won a national title with New York City’s men’s open and senior (over 35) men’s teams. His rugby career began at the University of Pittsburgh, where he captained the Rugby Football Club.
Before law school, Max studied philosophy, political science, and anthropology, for which he performed and taught field research methods. From 2010 to 2013, he was a participant, junior staff member, and finally co-coordinator of the Malta Summer Field School for Cultural Anthropology in Xlendi, Malta. That training in close observation and interviewing still shapes how he runs investigations, witness interviews, and depositions.
Max is an advanced open-water diver with wreck and deep-diving experience. He also plays in a local golf league, where he is a frequent loser of casual matches.