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.
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). I have helped companies obtain clearance for a wide range of mergers and acquisitions under the HSR Act, including successful resolution of transactions in which clients have received requests for additional information (Second Requests). I have also successfully represented international corporations using the amnesty program of the Antitrust Division of the US Department of Justice and coordinated obtaining amnesty/leniency in jurisdictions around the world.
Business & Commercial Disputes
I represent companies and individuals nationwide to resolve business disputes, from pre-litigation dispute resolution through trials and appeals, using effective negotiation and litigation strategies. I have represented clients in a variety of industries and disputes involving antitrust claims, torts, complex contracts, arbitration awards, partnerships, trusts, and real estate transactions, among others. I have also litigated and resolved numerous disputes related to 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 trial and appellate practice in multiple federal district courts and courts of appeal, including the US Court of Appeals for the Fourth Circuit, the US Court of Appeals for the DC Circuit, the US Court of Appeals for the Federal Circuit, and the United States Supreme Court.
Representative experience
- Successful defense in FTC second request investigation of SAES Getters, S.p.A., in sale of medical nitinol business to Resonetics, LLC (2023)
- Successful defense of acquiring bank in DOJ merger investigation (2021)
- Obtained directed verdict in jury trial on claims involving multi-million dollar claims of securities fraud, fraud, and breach of contract, among other claims in the U.S. District Court for the District of Maryland (2021)
- Successful defense of corporate trustee for charitable trust in dispute with co-trustees at trial and on appeal in the U.S. Court of Appeals for the Fourth Circuit, see Kirgan v. Mfrs. & Traders Trust Co., 810 Fed. Appx. 187 (4th Cir. 2020)
- Successful representation of Gannett Co., Inc., in acquisition by New Media (2019)
- Successful defense of client against partnership claims related to primetime talk show, see Queen v. Schultz, 671 Fed. Appx. 812 (D.C. Cir. 2016)
- Successful defense of TDK Corporation in FTC second request investigation of acquisition of Hutchinson Technology, Inc. (2016)
- Successful defense of multiple companies and individuals in grand jury investigations and amnesty applications
- Obtained favorable settlement, including systemic policy changes and a written apology for client, in racial bias and unlawful seizure case (2021)
- Obtained favorable settlement for client after precedent-setting win for client in Fourth Circuit, and subsequent judgment on liability, in racial bias and unlawful seizure case, see Santos v. Frederick County Bd. of Comm’rs, 725 F.3d 451 (4th Cir. 2013), cert. denied, 572 U.S. 1015 (2014); Santos v. Frederick County Bd. of Comm’rs, 346 F. Supp. 3d 785 (D. Md. 2018)
Looking ahead
We’ve seen increased governmental scrutiny and intervention in markets as antitrust enforcement priorities have shifted in recent years. I expect continued significant new legal and policy developments, including new legislation and regulations to expand the scope of and priorities for antitrust enforcement. Evolving antitrust legal theories, claims, and enforcement agendas will continue to impact antitrust litigation, mergers and acquisitions, and government investigations. We’ll continue to help clients navigate these changes.
/Insights
- “Twenty-Third Survey of White Collar Crime,” Public Corruption, 2008 (co-author)
In the news
- Bloomberg Law
CVS, Caremark defeat Mississippi pharmacy’s antitrust claims
Feb 3, 2025This article covers a victory for CVS and Caremark LLC after a federal judge dismissed claims against the companies that alleged they conspired to bar Mississippi retail pharmacy Rx Solutions from Caremark’s pharmacy benefit management network. The article mentions NP for representing CVS and Caremark. The NP team is led by Chicago partners Kevin Shea, Elizabeth Meraz, and Seth Horvath, Washington, DC partner Brian Whittaker, and Chicago associate Aon Hussain, all of the Complex Disputes practice.
- Law360
Anesthesia ‘rollup’ decision may hurry PE regulator suits
May 28, 2024This article covers the recent ruling in Federal Trade Commission v. U.S. Anesthesia Partners, Inc. et al and the impact the decision may have on private equity firms in the healthcare sector. Washington, DC Complex Disputes partner Brian Whittaker is quoted in the coverage, discussing the ruling and the FTC’s actions.
- Washington City Paper
Lawsuit alleges DC and the Bureau of Prisons have denied incarcerated students an education
April 4, 2024This article covers a lawsuit filed by NP, School Justice Project, and Washington Lawyers’ Committee against Washington, DC and the federal Bureau of Prisons related to the denial of education to incarcerated students with disabilities. The NP team that filed the case on behalf of plaintiffs Makel Barnes and Darius McNeal includes Complex Disputes partner Brian Whittaker and Construction & Real Estate Litigation associate Martha Medina, both of the Washington, DC office.
- Law360
Ex-nurse accused of sex harassment loses bias suit
Sep 14, 2023This article covers a Virginia federal judge’s dismissal of a gender bias, national origin bias, and retaliation lawsuit against North American Partners in Anesthesia by a former nurse who was investigated for sexual harassment allegations. Washington, DC Complex Disputes counsel Brian Whittaker and associate Myra Benjamin are mentioned for representing the company in the case.
- Law360
Local organizations urge US justices to side with utilities in IRS fight
Aug 18, 2023This article covers a brief filed by the American Public Power Association and Large Public Power Council urging the US Supreme Court to review a lower court’s decision that found the IRS properly reduced payments it made to utilities because of sequestration. The article mentions Project Finance and Public Finance partner Mitch Rapaport and Complex Disputes senior counsel John Hayes and counsel Brian Whittaker, all of Washington, DC, for representing the American Public Power Association and Large Public Power Council in the case.
- Mergers & Acquisitions
S&P Global Mobility purchases Market Scan
March 10, 2023This 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.
- The Hoya |
DC faces lawsuit for denying access to disabled incarcerated students
March 3, 2023This 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.
- DCist
DC fails to provide special education to students in federal prison, lawsuits allege
Feb 23, 2023This 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.
- The Deal
Resonetics to acquire two SAES units
Dec 9, 2022The 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.
- 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
Admitted to practice
District of Columbia
Virginia
U.S. Supreme Court
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
Insights And Happenings
View AllProfessionals in the Practice Area
View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:+1 415.984.8309
- abarron@nixonpeabody.com
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Robert Fisher
Partner / Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1335
- rfisher@nixonpeabody.com
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Jenny L. Holmes
Partner / Deputy Leader, Cybersecurity & Privacy- Rochester
- Office:+1 585.263.1494
- jholmes@nixonpeabody.com
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes- Chicago
- Office:+1 312.977.4460Mobile:+1 708.606.8720
- jtruskusky@nixonpeabody.com
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