Whiteford's Business Litigation attorneys provide legal representation in court, arbitration, and mediation as well as before administrative agencies in a broad range of corporate, partnership, business and commercial disputes. While based in the Mid-Atlantic region, we regularly represent clients throughout the United States.
Our extensive trial experience greatly enhances our ability to evaluate a case, develop litigation strategies that appeal to a judge or jury, and go to trial with the confidence and skills that come only with years of actual courtroom experience. Our attorneys have tried hundreds of lengthy and complex cases, and have developed considerable skill using technology for managing pretrial discovery as well as courtroom presentation.
Through strategic, effective, and experienced legal counsel, we are dedicated to working with our clients to achieve their business goals. By making it our business to understand your business intimately, we devise innovative solutions and cost-effective strategies for clients facing a diverse range of high-stakes legal challenges.
Following a Texas federal district court’s issuance of a nationwide injunction temporarily halting enforcement of the Corporate Transparency Act (“CTA”), the U.S. government has filed an appeal with the U.S. Court of Appeals for the Fifth Circuit, challenging the district court’s findings (found here). In response to both the national injunction and the appeal, the Financial Crimes Enforcement Network (“FinCEN”), the agency responsible for enforcing the CTA, issued guidance (found here) clarifying that reporting companies are not currently required to file beneficial ownership information (“BOI”) reports and will not face liability for noncompliance “while the preliminary injunction remains in effect.”
On December 3, 2024, the U.S. District Court for the Eastern District of Texas, Texas Top Cop Shop, Inc. v. Merrick Garland (Civil Action No. 4:24-CV-478), issued a memorandum opinion and order granting a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (“CTA”) and its implementing regulations and staying the compliance deadline for reporting companies pending further order of the court.
The U.S. Department of Justice (DOJ) and the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) have recently announced two enforcement actions that demonstrate the U.S. government's aggressive and expansive application of U.S. law to foreign conduct with minimal U.S. nexus. These actions underscore the need for foreign companies and individuals to be aware of and comply with U.S. legal requirements, especially in the areas of anti-corruption and sanctions, and to implement effective compliance programs and controls to mitigate the risk of U.S. enforcement. Our firm has extensive experience and expertise in advising and representing clients on these complex and evolving issues, and we are ready to assist you in navigating the challenges presented by the U.S. regulatory and enforcement landscape.
The recent sentencing of Zixiao "Gary" Wang, a tech expert involved in the $11 billion FTX fraud, underscores the importance of cooperation with authorities in complex and high-stakes crypto cases. Wang, who admitted to helping FTX's founder Sam Bankman-Fried manipulate the code of the bankrupt crypto exchange to siphon off funds from customers and investors, received no jail time but was ordered to forfeit his share of the ill-gotten gains. He was credited for his prompt and substantial cooperation, which included providing crucial information about the code-based ways in which Bankman-Fried committed the fraud and testifying against him at trial.
The Department of the Treasury’s Office of Foreign Assets control (OFAC) issued a final rule amending specific reporting and procedural regulations effective November 7, 2024. OFAC published the interim final rule on May 10, 2024, seeking comments by June 10, 2024. The final rule’s enactment is noteworthy because OFAC seriously considered public comments concerning reporting requirements for unblocked or transferred property. The final rule adds three exceptions to the reporting of unblocked or transferred property based on the public comments received after publication of the interim final rule.
For companies whose operations are subject to strict federal regulations – and particularly those that are facing or may be facing enforcement actions – take note. The U.S. Supreme Court may have just leveled the playing field. On Friday, June 28, 2024, the Supreme Court overturned a long-standing legal precedent that instructed courts to defer to federal agencies’ interpretations of ambiguous laws they administer. Instead, federal laws will be interpreted by the courts. Federal agencies will need to prove their cases, including enforcement actions where an arguably ambiguous statute is at issue. This is good news for businesses in the U.S.
In today's rapidly evolving technological landscape, the integration of artificial intelligence (“AI”) into various aspects of business operations is becoming increasingly prevalent. From streamlining processes to enhancing decision-making capabilities, AI offers a multitude of benefits for businesses across industries. However, along with these advancements come complex legal considerations, particularly in the realm of tort law.
On March 1, 2024, the U.S. District Court for the Northern District of Alabama in National Small Business United et al. v. Janet Yellen et. al., Case No. 5:22-cv-1448-LCB, held the Corporate Transparency Act (the “CTA”) to be unconstitutional. In this surprising decision, U.S. District Court Judge Liles C. Burke ruled “The CTA is unconstitutional because it cannot be justified as exercise of Congress’ enumerated powers.”
On December 22, 2023, President Biden signed into law the Foreign Extortion Prevention Act (“FEPA”). FEPA is aimed at the “demand” side of foreign corruption and bribery, making it unlawful for any foreign official to demand a bribe from a U.S. issuer or domestic concern or to make such a demand within the United States. FEPA is intended to serve as a complement to the Foreign Corrupt Practices Act (“FCPA”), which for decades has made it unlawful for a U.S. issuer to offer a bribe to a foreign official in order to obtain an improper business advantage. While the FCPA already addressed the payment of bribes to foreign officials, FEPA now criminalizes the request from foreign officials as well.
Non-compete clauses impact approximately one in five American employees or 30 million people. The Federal Trade Commission (“FTC”) recently proposed a ban on non-compete clauses in employment agreements. On January 11, 2023, Whiteford published an Alert on this proposal, but here’s an update about what you need to know regarding the ban and reports of recent FTC action to enforce these restrictions.
Companies are now subject to jurisdiction in places that do not have a significant relationship to the dispute.
The Century-old Supreme Court case, Pennsylvania Fire Insurance v. Gold Issue Mining, established the “consent in registration” principle that states can exercise jurisdiction over corporations not headquartered or incorporated in the state as long as they register to do business there. On June 27, 2023, in Mallory v. Norfolk Southern, the Supreme Court held that a Pennsylvania state trial court could exercise personal jurisdiction over a non-Pennsylvania company in a suit arising out of non-Pennsylvania conduct due to this consent. Companies registered to do business in a state can now be sued in that state even when the state has little or no connection to the case.
On January 9, the United States Supreme Court declined to hear an appeal claiming that Montgomery County illegally enforced a land use regulation that prevented a Christian group from constructing a 2000-seat religious facility in Burtonsville, Maryland. The case, Canaan Christian Church, et al. v. Montgomery County, Md, et al., was originally filed in the U.S. District Court for the District of Maryland in November 2016 by Canaan Christian Church and a group of four property owners who complained that the County refused to extend public sewer and water service to their properties, thus imposing an improper substantial burden on religious exercise under the Religious Land Use and Institutionalized Persons Act (known as “RLUIPA”).
In the absence of a statute or court Order, parties to litigation usually pay their own attorneys’ fees and costs. This is the “American Rule.” However, in a recent decision which has shaken public entities throughout the state, a Delaware court has concluded that a public entity may be required to bear its opponent’s fees and costs if the civic benefits of public interest litigation are sufficiently laudable. Since many lawsuits against governmental entities may be considered “public interest litigation”, this decision warrants attention (and concern) from all Delaware municipalities and counties.
Marla Diaz was quoted in length in WTOP’s article, “Judge Delays Ruling on Landmark Express Lanes Case.” The Judge's decision could have a significant impact on users of Virginia's Express Lanes. Marla argues the fines charged to her client are excessive and violate the 8th Amendment and the Virginia Constitution.
Whiteford is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2024 list of leading firms and business lawyers.
Whiteford is pleased to announce that Dennis M. Fitzpatrick, a seasoned litigator with over 20 years of experience investigating and prosecuting complex criminal cases, leading dozens of sensitive and complicated investigations, both in the U.S. and abroad, has joined the firm as a Partner in Washington, D.C.
Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers, has announced that thirteen Whiteford attorneys have been named 2024 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under” in DC, Delaware, Maryland and Virginia (*new recognition in 2024).
As reported in Law360, Whiteford announced today that seven attorneys have joined the firm in Delaware, Maryland, New York and Pennsylvania, including veteran employment, restructuring and litigation lawyers.
87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.
Virginia Lawyers Weekly has recognized Stephen M. Faraci Sr. and Michael H. Brady as “Virginia’s Go To Lawyers.” Attorneys honored as leading lawyers in their field of law are nominated by their colleagues and chosen by a panel from Lawyers Weekly.
Whiteford is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2023 list of leading firms and business lawyers.
Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers, has announced that sixteen Whiteford attorneys have been named 2023 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under Hotlist” in DC, Delaware, Maryland and Virginia.
73 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2023 (copyright 2022 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington, D.C. offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2022 list of leading firms and business lawyers. This year’s recognition includes 29 attorneys in 14 practice areas at the National and State level.
Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers has announced that sixteen Whiteford attorneys have been named 2022 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under Hotlist” in DC, Delaware, Maryland and Virginia.
A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2021 list of leading firms and business lawyers. This year’s recognition includes 25 attorneys in 11 practice areas in 3 states and the District of Columbia.
Whiteford Taylor & Preston announced today that Joshua D. Stiff has joined the firm as Counsel and will reside in a new office the firm has opened in Virginia Beach, VA.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers® “Best Law Firms” has awarded the firm exemplary rankings for 2021. Twenty-two of the firm’s practices are ranked at the national level, and the firm’s Bankruptcy and Environmental Law practices have been recognized with national Tier 1 rankings.
Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers has announced that ten Whiteford attorneys have been named 2021 “Litigation Stars” and “Future Stars” in Maryland and Virginia.
A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2020 list of leading firms and business lawyers. This year’s recognition includes 23 attorneys in 10 practice areas in 3 states and the District of Columbia.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2020. Twenty of the firm’s practices are ranked at the national level, including two bankruptcy practices with national Tier 1 rankings. At the state level, an additional forty-two practices have been ranked in Maryland, Washington, D.C., and VA.
Earlier this year, Benchmark Litigation named Whiteford, Taylor & Preston its 2019 “Maryland Law Firm of the Year.” Today, the widely respected guide to leading litigation firms and lawyers has announced that a record eleven Whiteford attorneys have been named 2020 “Litigation Stars” and “Future Stars” in Delaware, Maryland and Virginia.
64 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2020. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
Whiteford, Taylor & Preston is pleased to announce that twenty of its attorneys are listed among the 2019 Super Lawyers and Rising Stars in D.C., Pennsylvania and Virginia.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2019 list of leading firms and business lawyers.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2018 list of leading firms and business lawyers. This year’s recognition includes 29 attorneys in a record 12 practice areas in 4 states, the District of Columbia and Afghanistan.
Baltimore – Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2018. Nineteen of the firm’s practices are ranked at the national level, including three practices with national Tier 1 rankings: Litigation, Bankruptcy and Real Estate. At the state level, an additional fifty practices have been ranked in Maryland, Washington, D.C., and VA.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2017 list of leading firms and business lawyers. This year’s recognition includes a record 29 attorneys in 4 states, the District of Columbia and Afghanistan.
Whiteford, Taylor & Preston is pleased to announce that 41 of its attorneys are listed among the 2017 Super Lawyers and Rising Stars in Maryland and Kentucky joining the sixteen who were listed earlier this year in Delaware, D.C., Pennsylvania and Virginia.
Whiteford, Taylor & Preston is pleased to announce that, in addition to ranking the firm highly in its 2016 list of Maryland’s leading firms and business lawyers, Chambers and Partners have added new Whiteford lawyers in Maryland and Delaware.
The practice group rankings are based on the high rankings of 21 individual lawyers.
Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2016 (copyright 2015 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.
Whiteford, Taylor & Preston is pleased to announce that the 2015 edition of Chambers USA recognizes 17 of its lawyers as leaders in their fields and, in addition, has ranked six of Whiteford’s practice areas.
Marla J. Diaz represented a client who was sued by Transurban for unpaid tolls, administrative costs, and civil penalties exceeding $2,200.00, arising from the client’s use of the HOT Lanes on Virginia’s I-495 beltway. Ms. Diaz successfully argued that the Transurban claims were barred by the relevant statute of limitations and all summons against her client were dismissed.
Whiteford Taylor & Preston LLP is very gratified to announce that the firm has once again received exemplary ratings in the fifth annual U.S. News & World Report rankings of law firms.
Whiteford Taylor & Preston LLP is very gratified to announce that the firm has received exemplary ratings in the second annual U.S. News & World Report rankings of law firms. In Maryland, WTP was rated highly in 34 practice areas, more than any other firm in the state.
For the first time, Legal Media Group, publisher of the well-known guide Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys, which focuses exclusively on litigation in the United States, has researched and ranked the nation’s top plaintiff lawyers in their new Benchmark Plaintiff guide.
Whiteford, Taylor & Preston (WTP) attorneys, Paul M. Nussbaum and William F. Ryan, Jr., presented on Investing In Distressed Securities During Troubled Economic Times at the International Quality and Productivity Center's (IPCQ) Global Distressed Debt West Coast Investor Forum, Los Angeles, California, on March 31-April 2, 2008.
