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

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.
Represented defendants in a dispute over compensation regarding the plaintiff's work as CEO and investor.
Represented an international electric company against agreement breach claims.
Litigated discrimination claims resulting in case being dismissed.
Litigated wage and hour claims and settled after mediation.
Litigated workers' compensation claims and settled case.
Litigated discrimination and wrongful termination claims and settled case.
Litigated labor and employment claims resulting in case being dismissed.
Representing nationwide hospital and health care provider and its entities in suit brought by former nurses and doctors regarding retirement and agreed-upon pension.
Litigated securities class action and ERISA claims against investment advisor to pension and benefit funds arising out of the Madoff Ponzi scheme.
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 defendants in a dispute over millions of dollars recovered allegedly owed to 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 fair labor dispute with the Office of the Attorney General Fair Labor Division and settled 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 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 case being dismissed.
Represented 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 Litigation, 2025
The Best Lawyers in America®: Commercial Litigation, 2021–2025; Litigation – Labor & Employment, 2023–2025
Selected to Super Lawyers Massachusetts: Business Litigation, 2010–2024; 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

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Wislande Claude, Felipe Fernandez, Howard Wilson, Lisa Cantwell, and Erika Alexandria—Targeting Businesses in Recent Flurry of Lawsuits

NYS Appellate Court Holds Family Members Are Not Bound by Arbitration Agreement Signed by Deceased Relative

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Milagros Senior, Sylinia Jackson, Edery Herrera, Henry Tucker, and Carlton Knowles—Targeting Businesses in Recent Flurry of Lawsuits

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Phyllis Hampton, Nicolas Grant, Windy Lucius, Jesus Gonzalez, and James Watson—Targeting Businesses in Recent Flurry of Lawsuits

New York PSC Grants 30-Day Extension for NYSERDA to File First Bulk Energy Storage Solicitation

Supreme Court Broadens Scope of Religious Exemption From State Regulation

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

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Wislande Claude, Felipe Fernandez, Howard Wilson, Lisa Cantwell, and Erika Alexandria—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

NYS Appellate Court Holds Family Members Are Not Bound by Arbitration Agreement Signed by Deceased Relative

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Milagros Senior, Sylinia Jackson, Edery Herrera, Henry Tucker, and Carlton Knowles—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Phyllis Hampton, Nicolas Grant, Windy Lucius, Jesus Gonzalez, and James Watson—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

New York PSC Grants 30-Day Extension for NYSERDA to File First Bulk Energy Storage Solicitation

Alerts

Supreme Court Broadens Scope of Religious Exemption From State Regulation