Brian J. Whittaker

Brian Whittaker is a litigator who represents clients involved in disputes and subject to regulatory actions, with experience in numerous federal and state courts and before a variety of regulatory agencies.

What do you focus on?

I help clients with complex and high profile cases in three main areas.


I work with companies seeking to comply with antitrust laws and investigations involving transactions and activities subject to federal and state government review, including filings under the Hart-Scott-Rodino Act (HSR Act), international cartel investigations and responses to subpoenas and Civil Investigative Demands (CIDs). We have successfully represented international corporations using the amnesty program of the Antitrust Division of the U.S. Department of Justice, coordinated obtaining amnesty/leniency in jurisdictions around the world and obtained clearance of a wide range of mergers and acquisitions under the HSR Act, including successful resolution of transactions that included requests for additional information (Second Requests).

Business & Commercial Disputes

I represent companies and individuals nationwide to resolve business disputes using effective negotiation and litigation strategies. I have represented clients in a variety of disputes involving torts, complex contracts, partnerships, trusts and real estate transactions, among others. I have also litigated and resolved numerous disputes related to government contracts and transactions involving federal agencies.

Constitutional Law & Civil Rights

I represent clients, including a number of pro bono clients, with a variety of constitutional and civil rights claims. I have also helped numerous companies facing state and federal employee discrimination claims. Many of these cases have involved significant appellate practice in multiple federal courts of appeal, including the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the DC Circuit and the United States Supreme Court.

What do you see on the horizon?

Companies will need to be aware of potential antitrust issues as blockchain or distributed ledger projects and applications go mainstream, with collaborating companies, and potentially competitors, in various industries.


  • “Twenty-Third Survey of White Collar Crime,” Public Corruption, 2008 (coauthor).

Settlement in Racial Bias Case Includes Sheriff's Apology

The Associated Press | January 21, 2021

This article, which covers a settlement with Maryland’s Frederick County Sheriff Charles Jenkins in a racial bias case, quotes Washington, D.C. Complex Commercial Disputes counsel Brian Whittaker for the firm’s pro bono work on behalf of the plaintiff, as well as a settlement in a previous similar federal lawsuit against the same sheriff. Brian and Washington, D.C. Complex Commercial Disputes senior counsel John Hayes represented the plaintiffs in both cases.


Brian J. Whittaker


Washington, DC

Phone: 202-585-8234

Fax: 866-741-0536

Georgetown University Law Center, J.D., cum laude

University of Kentucky, BSc., summa cum laude


District of Columbia

U.S. Court of Federal Claims

U.S. District Court, District of Columbia

U.S. Court of Appeals, Fourth Circuit

U.S. Court of Appeals, Federal Circuit

U.S. Court of Appeals, District of Columbia Circuit

U.S. District Court, District of Maryland

U.S. District Court, Eastern District of Virginia

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