Barclay Damon
Barclay Damon

Brian E. Whiteley

Brian E. Whiteley


p: 617.274.2903

f: 617.722.6003

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Boston Office

One Financial Center
Suite 1701
Boston, Massachusetts 02111

Brian is the Practice Group Leader for our Commercial Litigation Group, which includes the following Practice Areas: Commercial Litigation, White Collar, Construction & Surety, Bankruptcy & Creditors' Rights, and Media & First Amendment Law.

Brian concentrates his practice in complex commercial litigation. He has represented corporate and individual clients in a variety of contexts, including securities and ERISA class action litigation, shareholder disputes, arbitrations, wage and hour class action litigation, trade secret and non-competition matters, software licensing and intellectual property disputes, contract actions, and employment discrimination and wrongful termination suits.

Most recently, Brian obtained a favorable appellate court ruling in Pennsylvania confirming an award of summary judgment on behalf of our client in a multi-million dollar contract dispute involving consumer products. He has also over the last several years successfully resolved, on behalf of an investment advisor and its executive team, multiple securities and ERISA class action claims and related matters in the Southern and Northern Districts of New York arising out of the Madoff fraud.

In other representative matters, Brian successfully defended a non-compete and trade secret action in the Southern District of New York on behalf of a healthcare client and obtained permanent injunctive relief on behalf of a privately-held waste management company in the prosecution of non-competition and breach of contract claims in the Northern District of Alabama. Brian has further represented officers and directors in securities suits relating to revenue recognition issues, as well in Securities and Exchange Commission investigations and actions relating to insider trading and stock option backdating issues.

In addition to his litigation practice, Brian advises clients with respect to labor and employment issues and executive compensation.

Representative Experience

  • Defended investment advisor and its principals with respect to securities and ERISA claims asserted in various class actions and related actions in the Southern District of New York arising out of the Madoff fraud.
  • Obtained summary judgment, affirmed on appeal, on behalf of international consumer products company dismissing multi-million dollar breach of contract action in Pennsylvania State Court.
  • Represented the trustees of a profit sharing plan and successfully resolved Department of Labor investigation under ERISA.
  • Defended healthcare company and sales executive in Southern District of New York with respect to wide-ranging non-compete and trade secret issues.
  • Represented purchasers of art work and antique furniture in federal court litigation relating to the authenticity and value of the works.
  • Obtained permanent injunctive relief on behalf of Florida-based company seeking to enforce non-competition agreements in Alabama with respect to two former employees.
  • Represented a group of ethics law professors and retired federal district court judges in filing amici brief in Second Circuit.
  • Represented various private companies in arbitration.
  • Represented Fortune 500 company in breach of contract action in the District of Massachusetts with respect to the manufacture of licensed products.
  • Represented privately-held developer and manufacturer of pharmaceutical and consumer products with respect to enforcement of intellectual property rights.
  • Defended international high-tech services provider in wage and hour class action litigation in state and federal courts in California.
  • Represented former chief financial officer of publicly-held company with respect to investigations and claims pursued by the Securities and Exchange Commission and United States Department of Justice.
  • Represented privately-held investment advisor with respect to investigations conducted by the Securities Exchange Commission, the United States Department of Labor, the United States Department of Justice, and the New York Attorney General.
  • Represented international provider of software development and consulting services in Massachusetts state court with respect to breach of consulting agreement.
  • Obtained injunctive relief and damages on behalf of high tech service provider in trade secret action in Texas state court.
  • Defended Fortune 500 company in trade secret and unfair competition matter in the District of Massachusetts.
  • Represented international pharmaceutical manufacturer in patent infringement action in the District of Massachusetts.
  • Defended former employees in non-compete and trade secret action in Massachusetts state court.
  • Defended directors of corporation in matter arising from potential acquisition.
  • Served as expert witness with respect to legal malpractice claim relating to ERISA class action matter.
  • Prosecution and defense of trademark and unfair competition claims on behalf of Fortune 500 home goods manufacturer and retailer.
  • Ongoing advice regarding employment-related issues and litigation.

Practice Areas


  • St. John's University School of Law, J.D., cum laude; Executive Notes and Comments Editor, St. John’s Law Review, 1989
  • Trinity College, B.S., high honors, 1983

Admitted To Practice

  • Massachusetts, 1989
  • New York, 2011
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, 1st Circuit
  • U.S. Court of Appeals, 2nd Circuit

Memberships & Affiliations

  • ARIAS-U.S., Member

Civic Activities

  • Massachusetts Board of Bar Overseers, Hearing Officer
  • Ashland Youth Baseball & Softball, Past President

Speaking & Publications

  • "Best Trends and Practices in Avoiding Trade Secrets and Third Parties Litigation in 2015," The Knowledge Group, May 2015
  • “Best Practices for Working with Experts in the State and Federal Courts,” Boston Bar Association seminar, October 2008
  • “Expert Witnesses in State Court,” Massachusetts Continuing Legal Education, September 2007


  • Selected to Super Lawyers Massachusetts: Category, 2018
  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2010-2017 for Business Litigation
  • Honored with 2014 Boston Bar Association's President's Award for volunteer legal services in the Boston Bar Association's Marathon Assistance Project
  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2011-2014 for Employment & Labor
  • Selected as a 2013 Empire State Counsel Honoree by the New York State Bar Association

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Scibelli, Whiteley and Stanganelli, LLP, Founding Partner
  • Hale and Dorr, LLP, Partner
  • Middlesex County Special Assistant District Attorney
  • Hon. Edward D. Re, Chief Judge, U.S. Court for International Trade, Clerk
  • The New Milford Times, Managing Editor