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Value-Added Services
Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.
Advancing professional knowledge and offering credits for attorneys, staff and other professionals.
Helping clients respond correctly when a crisis occurs.
Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.
Leveraging law and technology to deliver sound solutions.
Delivering seamless service through partnerships across the globe.
Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.
Industry-leading conferences focused on affordable housing, tax credits, and more.
Providing actionable information to support strategic decision-making.
Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.
Offering a range of investment management and fiduciary services.
Bringing together companies and investors for tomorrow’s new deals.
Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.
Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.
Creating positive impact in our communities through increasing equity, access, and opportunity.
I'm a 2023 Nixon Peabody Pro Bono Champion.Read more about our Pro Bono program
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.
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). 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.
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.
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.
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.
This 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.
This 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.
This 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.
This 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.
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.
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.
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.
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.
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
Georgetown University Law Center, J.D., cum laude
University of Kentucky, BSc., summa cum laude
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