Brian Whiteley

Biography

Brian is Barclay Damon's Commercial Litigation Practice Group leader.

Brian concentrates his practice on complex commercial litigation, representing corporate and individual clients in matters that include securities and ERISA class-action litigation, shareholder disputes, arbitrations, wage-and-hour class-action litigation, trade secret and noncompetition matters, software licensing and intellectual property disputes, contract actions, employment discrimination suits, and wrongful termination suits.

In addition to his litigation practice, Brian advises clients on labor and employment issues, executive compensation, and other business and commercial matters.

Brian serves as chair of the firm's Alternative Fee Arrangement Committee.

Bar Associations

American Bar Association
Boston Bar Association

Selected Memberships & Affiliations

Massachusetts Board of Bar Overseers, Hearing Officer

Representative Experience

Defended an investment advisor and its principals in the US District Court for the Southern District of New York with respect to securities and ERISA claims asserted in various class actions and related actions arising from the Madoff fraud.
Defended former officers and directors of a not-for-profit hospital in a seven-week trial in New York State court.
Obtained a precedent-setting decision in the US Court of Appeals for the Second Circuit regarding the arbitrability of certain claims.
Represented a former CFO of a publicly held company with respect to investigations and claims pursued by the Securities and Exchange Commission and the US Department of Justice.
Represented trustees of a profit-sharing plan with respect to a Department of Labor investigation under ERISA.
Obtained a jury verdict in favor of a technology start-up and its CEO after the jury trial in the US District Court for the Eastern District of New York.
Defended a national hospitality-services provider in a wage-and-hour class action in California and negotiated the settlement of all claims.
Obtained summary judgment in the US District Court for the District of Massachusetts in favor of a former board chair of a technology start-up regarding claims under the Massachusetts Wage and Hour Act brought by a former CEO. The plaintiff did not appeal the ruling.
Defended a health care company and a sales executive in the Southern District of New York with respect to wide-ranging noncompetition and trade-secret issues.
Obtained summary judgment, affirmed on appeal, dismissing a multimillion-dollar breach-of-contract action on behalf of an international consumer-products company in Pennsylvania state court.
Represented a group of ethics law professors and retired federal district court judges in filing an amicus brief in the US Court of Appeals for the Second Circuit.
Represented a privately held investment advisor with respect to investigations conducted by the Securities and Exchange Commission, the US Department of Labor, the US Department of Justice, and the New York Attorney General.
Represented a not-for-profit scientific and research foundation with respect to various issues.
Represented a Fortune 500 company in a breach-of-contract action in the US District Court for the District of Massachusetts with respect to the manufacture of licensed products.
Obtained injunctive relief and damages on behalf of a high-tech-services provider in a trade-secret action in Texas state court.
Defended a Fortune 500 company in a trade-secret and unfair competition matter in the US District Court for the District of Massachusetts.
Represented a privately held developer and manufacturer of pharmaceutical and consumer products with respect to the enforcement of intellectual property rights.
Obtained permanent injunctive relief on behalf of a Florida-based company seeking to enforce noncompetition agreements in Alabama with respect to two former employees.
Defended an international high-tech-services provider in a wage-and-hour class-action litigation in California state and federal courts.
Represented the purchasers of works of art and antique furniture in a federal court jury trial and First Circuit appeal relating to the authenticity and value of the works.
Represented an international provider of software development and consulting services in Massachusetts state court with respect to a breach-of-consulting agreement.
Represented an international pharmaceutical manufacturer in a patent-infringement action in the US District Court for the District of Massachusetts.
Defended former employees in a noncompetition and trade-secret action in Massachusetts state court.
Defended the directors of a corporation in a matter arising from a potential acquisition.
Prosecuted and defended trademark and unfair-competition claims on behalf of a Fortune 500 home-goods manufacturer and retailer.
Represented the defendants in a dispute over compensation regarding the plaintiff's work as CEO and investor.
Represented an international electric company against agreement breach claims.
Assisted in an internal, confidential investigation into a high-level executive and drafted a memorandum of findings.
Mediated a claim against a multinational consumer goods company brought by a pharmaceutical company in the American Arbitration Association.
Litigated EEOC practice group claims before the case was ultimately dismissed.
Litigated a restrictive covenant case that resulted in the case being dismissed.
Represented the defendants in a dispute over millions of dollars recovered allegedly owed to the plaintiffs.
Litigated EEOC claims of discrimination resulting in the case being dismissed.
Litigated EEOC claims of discrimination resulting in the case being withdrawn.
Litigated multiple PTO and wage claims and settled the case.
Defended a medical practitioner in an investigation brought by the Board of Registration in Medicine (BORM).
Litigated a fair labor dispute with the Office of the Attorney General Fair Labor Division and settled the case.
Represented a technology company in a dispute arising out of claims asserted against the company and a selection of its officers.
Represented a former partner with a law firm in a dispute over contingency fees.
Obtained summary judgment, which was affirmed on appeal, in favor of a multinational consumer goods company defending breach of contract and lost profit claims by the distributor for alleged failure to completely fill certain purchase orders.
Litigated noncompete claims and won a court injunction in favor of a client.
Represented a defendant who was accused of making defamatory statements against the plaintiff.
Litigated wrongful termination and whistleblower claims, resulting in the case being dismissed.
Litigated EEOC claims of sexual harassment resulting in the case being withdrawn.
Litigated discrimination claims resulting in the case being dismissed.
Litigated breach of contract and breach of implied covenant of good faith and fair dealing, resulting in the case being dismissed.
Represented the defendants during a contract dispute with a private equity firm involving breach of good faith and fair dealing, promissory estoppel, tortious interference, and tortious interference with actual and/or prospective economic advantage.
Represented a defendant accused of a contract dispute and accused of making libel/defamatory statements against the plaintiff.
Represented a top-tier law firm in an investigation brought forth by the Department of Labor.
Litigated non-compete and restrictive covenant claims and settled the case.
Represented an international gaming company in a dispute over licensing.
Defended a doctor and his practice against a breach of fiduciary duty case arising from their self-dealing and misconduct with respect to the management of two of their businesses.
Litigated tortious interference claims and settled the case.
Litigated labor and employment claims on behalf of an office supply company.
Litigated Equal Employment Opportunity Commission claims of discrimination.
Represented a national, multifamily hospital company in an Equal Employment Opportunity Commission discrimination action.
Litigated Equal Employment Opportunity Commission claims of discrimination, which resulted in the case being dismissed.

Prior Experience

Hiscock & Barclay, LLP, Partner
Scibelli, Whiteley, and Stanganelli, LLP, Founding Partner
Hale and Dorr, LLP, Junior Partner
Middlesex County, Special Assistant District Attorney
The New Milford Times, Managing Editor

Judicial Clerkships

US Court for International Trade, Judge Edward Re

Selected Community Activities

Massachusetts Board of Bar Overseers, Hearing Officer
Ashland Youth Baseball and Softball, Former President

Selected Honors

Legal 500, Boston Elite, Commercial Disputes, 2025–2026
The Best Lawyers in America®: Commercial Litigation, 2021–2026; Litigation – Labor & Employment, 2023–2026
Selected to Super Lawyers Massachusetts: Business Litigation, 2010–2025; Employment & Labor, 2011–2014
Boston Magazine, 2021 Top Lawyers List
Boston Bar Association President’s Award: Marathon Assistance Project, 2014

Selected Speaking Engagements

Boston Bar Association Seminar, "Massachusetts Paid Family and Medical Leave Implementation.”
The Knowledge Group, “Best Trends and Practices in Avoiding Trade Secrets and Third-Parties Litigation”
Boston Bar Association Seminar, “Best Practices for Working With Experts in the State and Federal Courts”
Massachusetts Continuing Legal Education, “Expert Witnesses in State Court”

Selected Media

USLAW Magazine, "Preserving Your Company's Confidential Business Information in the Age of Working Remotely and Cybersecurity Threats"
Boston Business Journal, “Action Required: Protecting Confidential Business Information”

Selected Alerts & Blog Posts

Overview Experience Knowledge

St. John's University School of Law, JD, Cum Laude; St. John’s Law Review, Executive Notes and Comments Editor
Trinity College, BA

Massachusetts
New York

US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the District of Massachusetts

Alerts

Prior Authorization Compliance: What NYS Pharmacies Need to Know to Avoid Medicaid, PBM, and Payor Enforcement Risks

NYS Enacts Sweeping Auto Insurance Reforms Impacting Motor Vehicle Accident Claims

Effective Immediately: NYS 2027 Budget Bill Amends State Climate Law

No Need for Rental Companies to Provide Primary Insurance to Statutory Minimum, Says New York State's Highest Court

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Katherine Corbett, Judith Pelaez, Sumaya Hussein, Daniel Barlow, and William Odonnell—Targeting Businesses in Recent Flurry of Lawsuits

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Cortel Fleurima, Chelsie Reid, Elias Alshabbi, and Jason Lawrence—Targeting Businesses in Recent Flurry of Lawsuits

View All Alerts

Featured Industries

New & Emerging Industry Practice Areas

Practice Areas

BrianWhiteley

He | Him | His

Partner

"I am dedicated to providing clients with balanced and sound legal advice to help them achieve their goals expeditiously and economically."

Biography

Bar Associations

Selected Memberships & Affiliations

Representative Experience

Prior Experience

Judicial Clerkships

Selected Community Activities

Selected Honors

Selected Speaking Engagements

Selected Media

Selected Alerts & Blog Posts

Education

Practices & Industries

Admitted to Practice

Court Admissions

Featured Media

Alerts

Prior Authorization Compliance: What NYS Pharmacies Need to Know to Avoid Medicaid, PBM, and Payor Enforcement Risks

Alerts

NYS Enacts Sweeping Auto Insurance Reforms Impacting Motor Vehicle Accident Claims

Alerts

Effective Immediately: NYS 2027 Budget Bill Amends State Climate Law

Alerts

No Need for Rental Companies to Provide Primary Insurance to Statutory Minimum, Says New York State's Highest Court

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Katherine Corbett, Judith Pelaez, Sumaya Hussein, Daniel Barlow, and William Odonnell—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Cortel Fleurima, Chelsie Reid, Elias Alshabbi, and Jason Lawrence—Targeting Businesses in Recent Flurry of Lawsuits