Brian J. Whittaker

What do you focus on?

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

Real Estate

I represent parties with real estate disputes involving private and government contracts, including many clients of our Community Development Finance and Affordable Housing practice groups. For example, I helped secure a preliminary injunction in state court to remove property management and protect assets of an historic apartment building financed with new markets tax credits.

Antitrust

I work with companies seeking to comply with antitrust laws and antitrust investigations involving transactions and activities subject to federal and state government review. Recently, I helped lead a cross-office team to complete Hart-Scott-Rodino filings for a multibillion dollar acquisition.

Constitutional Law & Civil Rights

I represent clients with a variety of constitutional and civil rights claims. I have experience with cases involving federal constitutional claims under the First, Fourth, Fifth and Fourteenth Amendments. I have also helped numerous companies facing state and federal employee discrimination claims. Most recently, I helped secure a precedent-setting victory for an immigrant pro bono client in the Fourth Circuit Court of Appeals on her unlawful arrest and seizure claim. I also worked with a team to draft and prepare multiple amicus briefs in support of petitioners to the United States Supreme Court in cases involving regulatory takings and discrimination claims.

What do you see on the horizon?

With the ever-increasing emphasis on electronic record-keeping, e-discovery rules and best practices will continue to quickly evolve.

Prior Experience

Before joining the firm, Brian was an intern at the Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), where he conducted legal research and drafted memoranda regarding issues related to OSC jurisdiction and allegations of discrimination and reviewed proposed legislative changes to determine their impact on OSC. He also served as a judicial intern to the Honorable Lawrence M. Baskir, United States Court of Federal Claims, where he reviewed briefs, researched statutes and case law, and drafted judicial orders and portions of several opinions.

While in law school, Brian served as notes development editor of the American Criminal Law Review.

Publication

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