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    1. Home
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    3. Brian J. WhittakerPeople
    1. Home
    2. People
    3. Brian J. WhittakerPeople

    Brian J. Whittaker

    Counsel


    • Washington, DC
    • Office202.585.8234
    • bwhittaker@nixonpeabody.com
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    Introduction

    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.

    Practice Areas

    LitigationComplex DisputesTax Credit & Affordable Housing Investment DisputesArbitration, Mediation & Alternative Dispute ResolutionAntitrustAppellate

    My focus

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

    Antitrust

    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 US 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 US Court of Appeals for the Fourth Circuit, the US Court of Appeals for the DC Circuit and the United States Supreme Court.

    Looking ahead

    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.

    Insights

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

    Admitted to practice

    Virginia
    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

    Education

    Georgetown University Law Center, J.D., cum laude
    University of Kentucky, BSc., summa cum laude

    In the News

    • Mergers & Acquisitions

      S&P Global Mobility purchases Market Scan

      This article covering S&P Global Mobility’s purchase of automotive pricing and incentive intelligence company Market Scan, mentions NP for advising Market Scan in the sale. The NP deal team was led by San Francisco Corporate partner Lior Zorea, leader of the firm’s West Coast Emerging Companies and Venture Capital team. The team also included Corporate partners Christian Hancey of Rochester and Shahzad Malik of Los Angeles; San Francisco Affordable Housing & Real Estate partners Ian O’Banion and Alison Torbitt; Corporate counsels Michael Fitzpatrick of Boston and Matthew Goedert of San Francisco; Washington, DC Complex Disputes counsel Brian Whittaker; Rochester Cybersecurity & Privacy counsel Jenny Holmes; Corporate associates Robert Pethick of Boston and Brian Kenney of Washington, DC; and Washington, DC Construction & Real Estate Litigation associate Martha Medina.

      March 10, 2023
    • The Hoya |

      DC faces lawsuit for denying access to disabled incarcerated students

      This article on two new lawsuits alleging that Washington, DC, failed to provide special education services to students incarcerated in the Federal Bureau of Prisons mentions NP for representing the students alongside the School Justice Project and Washington Lawyers’ Committee for Civil Rights and Urban Affairs. The NP team includes Complex Disputes counsel Brian Whittaker and Construction & Real Estate Litigation associate Martha Medina, both of the Washington, DC office.

      March 3, 2023
    • DCist

      DC fails to provide special education to students in federal prison, lawsuits allege

      This article on two new lawsuits alleging that Washington, DC, fails to provide special education services to students incarcerated in the Federal Bureau of Prisons mentions NP for representing the students in the case alongside the School Justice Project and Washington Lawyers’ Committee for Civil Rights and Urban Affairs. The NP team includes Complex Disputes counsel Brian Whittaker and Construction & Real Estate Litigation associate Martha Medina, both of the Washington, DC, office.

      Feb 23, 2023
    • The Deal

      Resonetics to acquire two SAES units

      The following article covers Resonetics LLC’s $900 million agreement to acquire Memry Corp. and SAES Smart Materials Inc. from NP client SAES Getters SpA. The article mentions Manchester partner and Private Equity & Family Offices team leader Phil Taub and Boston partner Amy O’Keefe, both of the Corporate group, for leading the NP team representing SAES Getters on U.S. legal matters. The team also includes Chicago partner and Global Finance co-leader Rob Drobnak; Corporate partners Alexandra Lopez-Casero and Thomas McCord from Boston, Andrew Share from Manchester, and Sean Clancy from Washington, DC; Affordable Housing & Real Estate partners Mark Beaudoin from Manchester and Alison Torbitt from San Francisco; Boston Labor & Employment partner Jeff Gilbreth; Rochester Intellectual Property partner Kristen Walsh; Washington, DC Complex Disputes partner and Antitrust leader Gordon Lang; Manchester Government Investigations & White-Collar Defense partner Mark Knights; Rochester counsel and Cybersecurity & Privacy deputy leader Jenny Holmes; Boston Corporate counsel David Crosby; Washington, DC Complex Disputes counsel Brian Whittaker; Albany Affordable Housing & Finance counsel Dana Stanton; Corporate associates Shaziah Singh from New York, Anthony Bova from Boston, Corey Habib from Manchester, and Hrishikesh Shah from Chicago; and Manchester Corporate department attorney Dave Zimmermann.

      Dec 9, 2022
    • The Associated Press

      Settlement in Racial Bias Case Includes Sheriff's Apology

      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.
      Jan 21, 2021
    • D.C. Bar

      Panel looks at gay rights progress 50 years after Stonewall

      This article highlights Nixon Peabody’s Pride event at the Washington, DC, office, which featured a panel discussion on LGBTQ+ progress moderated by Complex Commercial Disputes associate Brian Whittaker.
      June 11, 2019
    • HR Dive

      Working to keep employees from being poached? Not so fast.

      Washington DC partner Alycia Ziarno and associate Brian Whittaker, and Boston counsel Ricardo Rauseo-Ricupero, all of the Complex Commercial Disputes practice group, are quoted in this article about their recent webinar detailing key considerations and best practices regarding “no-poach” agreements.
      Nov 5, 2018
    • Washington Blade

      Trans student files motion to defend Frederick school policy

      This article mentions Washington DC commercial litigation attorneys John Hayes, Brian Whittaker and Ken Nichols for serving as counsel on the motion to intervene in a pending lawsuit against the Frederick County School Board and its policies to prevent discrimination against transgender students in the school system.
      Oct 23, 2017
    • LGBT Weekly

      ACLU takes legal action defending rights of Maryland transgender students

      This article mentions Washington DC commercial litigation attorneys John Hayes, Brian Whittaker and Kenneth Nichols for serving as counsel on the motion to intervene in a pending lawsuit against the Frederick County School Board and its policies to prevent discrimination against transgender students in the school system.
      Oct 20, 2017
    • Law360

      Hart-Scott-Rodino considerations for 2017

      Washington, DC commercial litigation partner Alycia Ziarno and associate Brian Whittaker co-authored this column about the Hart-Scott-Rodino act and what companies and investors should consider in 2017.
      Feb 2, 2017

    Insights And Happenings

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    • Alert

      DOJ Antitrust Division brings first criminal wage-fixing indictment

      Dec 14, 2020
    • Alert

      The end of ACPERA?

      June 25, 2020
    • Alert

      DOJ completes its first expedited antitrust review of collaborative efforts by businesses to respond to COVID-19

      April 9, 2020
    View All

    Professionals in the Practice Area

    View All
    • Anthony Barron

      Partner / Chair, Litigation Department
      • San Francisco
      • Office:415.984.8309
      • abarron@nixonpeabody.com
      Anthony Barron
    • Kimberly Harding

      Partner / Deputy Leader, Litigation Department
      Leader, Labor Relations Team
      • Rochester
      • Office:585.263.1037
      • kharding@nixonpeabody.com
      Kimberly Harding
    • John Ruskusky

      Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health
      • Chicago
      • Office:312.977.4460
        Mobile:708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    • Jeffrey S. Brenner

      Partner / Practice Group Leader, Construction & Real Estate Litigation
      • Providence
      • Office:401.454.1042
      • jbrenner@nixonpeabody.com
      Jeffrey S. Brenner
    • Daniel J. Hurteau

      Partner / Deputy Practice Group Leader, Complex Disputes
      • Albany
      • Office:518.427.2652
      • dhurteau@nixonpeabody.com
      Daniel J. Hurteau
    View All

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