Brian J. Whittaker

Brian Whittaker is a litigator who represents clients with real estate, antitrust and other commercial disputes and constitutional claims in federal and state court and before regulatory agencies.

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 Syndication 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.


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.


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

ACLU takes legal action defending rights of Maryland transgender students

LGBT Weekly | October 20, 2017

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.

Hart-Scott-Rodino considerations for 2017

Law360 | February 02, 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.


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 the 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

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