Skip to Main Content
Services Talent Knowledge
Site Search
Menu

BrianWhiteley

Partner

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

Overview

Biography

Brian is Barclay Damon’s Commercial Litigation Practice Group leader. He primarily 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 and executive compensation.

Bar Associations

  • American Bar Association
  • Boston Bar Association

Selected Memberships & Affiliations

  • Massachusetts Board of Bar Overseers, Hearing Officer
Experience

Representative Experience

  • Represented a national hospitality-services provider in wage-and-hour class action in California and negotiated the settlement of all claims.
  • Defended an investment advisor and its principals in the Southern District of New York with respect to securities and ERISA claims asserted in various class actions and related actions arising the Madoff fraud in the Southern District of New York.
  • Represented the trustees of a profit-sharing plan and successfully resolved a Department of Labor investigation under ERISA.
  • Defended a health care company and sales executive in the Southern District of New York with respect to wide-ranging noncompetition and trade-secret issues.
  • Obtained a summary judgment, which was affirmed on appeal, dismissing a multi-million 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 amici brief in the Second Circuit.
  • Represented a privately held investment advisor with respect to investigations conducted by the Securities 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 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 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 a former chief financial officer of a publicly held company with respect to investigations and claims pursued by the Securities and Exchange Commission and US Department of Justice.
  • Represented the purchasers of works of art and antique furniture in federal court litigation 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 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.
  • Served as an expert witness with respect to a legal-malpractice claim relating to an ERISA class-action matter.
  • Prosecuted and defended trademark and unfair-competition claims on behalf of a Fortune 500 home-goods manufacturer and retailer.

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
  • US Court for International Trade to Chief Judge Edward Re, Clerk
  • The New Milford Times, Managing Editor

Selected Community Activities

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

Selected Honors

  • Selected to Super Lawyers Massachusetts: Business Litigation, 2010-2018
  • Boston Bar Association President’s Award: Marathon Assistance Project, 2014
  • Selected to Super Lawyers Massachusetts: Employment & Labor, 2011-2014
  • NYS Bar Association, Empire State Counsel Honoree, 2013

Featured Media

Alerts

NYS's Landmark Climate Legislation Aims to Cut Greenhouse Gases, Increase Renewable Energy

Alerts

Start Delayed for Required Massachusetts Paid Family and Medical Leave Contributions

Alerts

NY Court of Appeals Expands Optional Safety Equipment Defense for Design Defect Claims

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out