We represent clients in court, arbitration, mediation and before administrative agencies in a full range of corporate, partnership and commercial disputes. With more than 90 litigators, we serve clients locally, regionally and nationally.
Our attorneys have tried hundreds of complex cases to verdict in state and federal courts across the country, as well as appeared before intermediate appellate courts, state courts of last resort, and the U.S. Supreme Court. Our trial experience shapes how we approach each matter: evaluating cases early, building litigation strategies designed to withstand scrutiny from a judge or jury, and preparing each case as though it will be tried. This preparation is often what produces the strongest settlement leverage.
Our experience spans virtually every forum in which business disputes are resolved, including federal district and appellate courts nationwide, the Delaware Court of Chancery, FINRA and AAA arbitration panels and the International Chamber of Commerce.
Representative areas of experience include:
- Contract, Uniform Commercial Code, fraud and breach of fiduciary duty claims;
- Shareholder, member and partnership disputes, including corporate control contests in the Delaware Court of Chancery;
- Trade secret misappropriation, unfair competition and disputes involving patents, trademarks and copyrights;
- Defense of investment advisers, mutual funds, broker-dealers and other financial services businesses in large-scale, complex litigation, including class and derivative actions;
- Representation of conventional and alternative lenders in loan agreements and related foreclosure and workout litigation;
- Restrictive covenant, non-compete and trade-secret disputes arising out of employment relationships;
- Defense of whistleblower and qui tam claims; and
- Appellate advocacy before state and federal courts of appeal and the U.S. Supreme Court.
We take the time to understand our clients' businesses, with practical, cost-effective strategies for high-stakes disputes. It's an approach that has served our clients well across decades of litigation in courts and arbitral forums.
Commercial Contract, Fraud & Fiduciary Duty Disputes
- Defended a former insurance company CEO against breach of fiduciary duty and fraud claims in New York state court.
- Represented an executive in arbitration over an alleged for-cause termination under an employment agreement.
- Defended a law firm partner in a suit over a breach of a lease guarantee in New York state court.
- Defended a foreign company against misappropriation of trade secrets claims in the U.S. District Court for the Northern District of California.
- Represented a national commercial builder in a multimillion-dollar breach-of-contract and tort suit; favorable settlement achieved after targeted motion practice.
- Represented a national energy contractor in ongoing civil-rights and contract litigation.
- Obtained a trial victory for an LLC member in a contribution action against a co-member in Virginia circuit court.
- Successfully obtained a motion to strike, resulting in dismissal, in a bench trial over life-estate timber rights.
- Provided ongoing outside general counsel advice to a large New York services company.
- Provides ongoing outside general counsel services to numerous small- to middle-market companies, spotting issues, coordinating specialized counsel, and serving as a single point of contact across litigation, transactions, and regulatory matters.
Shareholder, Partnership & Corporate Control Disputes
- Successfully prosecuted a shareholder oppression and fiduciary duty dispute in a multi-location restaurant venture, obtaining a favorable verdict for a minority owner in Maryland circuit court.
- Active defense of a mining exploration company and its directors in consolidated Delaware Court of Chancery stockholder litigation alleging breach of fiduciary duty and disclosure violations.
- Represented numerous corporate clients in shareholder litigation against former LLC members, employees, and vendors.
- Represented a Fortune 500 energy company and its board in shareholder class actions, in state and federal court, arising from a $13 billion merger with another Fortune 500 energy company.
- Represented a Fortune 100 corporation in shareholder class actions challenging a technology-company acquisition; dismissed on the pleadings.
- Represented a REIT in a class action by a preferred shareholder alleging breach of contract and fiduciary duty in a merger with another REIT.
- Represented a special litigation committee of a Fortune 100 mortgage corporation's board in evaluating derivative claims tied to a $5 billion restatement of earnings.
- Negotiated a walk-away settlement of shareholder derivative litigation against a food distribution corporation and its board.
- Served as counsel to a litigation trust pursuing claims exceeding $1.8 billion against a former officer and directors for breach of fiduciary duty and other corporate governance violations.
Trade Secrets, Restrictive Covenants & Unfair Competition
- Obtained reversal on appeal to the Fourth Circuit of a discovery order compelling a tire manufacturer to produce trade secrets in a products liability action.
- Won reversal on appeal to the Supreme Court of Virginia of a $16 million jury verdict against a nuclear manufacturer on breach-of-license and trade-secret-misappropriation claims.
- Defended a head of a trading group against claims of breach of fiduciary duty and violation of a non-solicitation agreement before FINRA.
- Advises employers and employees on employment contracts, non-competition and trade-secret agreements, terminations, and equity plans.
- Represents employers and employees in restrictive-covenant, trade-secret, and related employment litigation, and conducts internal workplace investigations.
Financial Services, Securities & Regulatory Litigation
- Served as co-lead counsel securing a unanimous U.S. Supreme Court ruling on the statute of limitations for securities fraud claims in the Merck & Co., Inc. securities, derivative, and ERISA class action litigation, which settled for approximately $1.06 billion.
- Served as co-lead counsel achieving a $46 million recovery for common stock purchasers in a securities class action against a major regional bank; served as lead counsel achieving a $30 million recovery in securities litigation against a media and lifestyle company.
- Represented a semiconductor company and its officers in a putative securities class action alleging nondisclosure of export-restricted revenue; motion to dismiss granted in full.
- Represented a $14 billion investment company, its adviser, and officers in an SEC investigation regarding fund marketing; matter settled.
- Represented an accounting firm in SEC and DOJ inquiries regarding a Russian oligarch's financial activities, and separately represented corporations in SEC/DOJ Foreign Corrupt Practices Act investigations.
- Served as first chair in a FINRA arbitration securing an award of nearly $1.5 million plus fees, costs, and full expungement of a Form U-5 — reported as the highest FINRA arbitration award of the year in which it was obtained.
- Served as co-counsel to respondents in a FINRA arbitration resulting in complete dismissal of claims exceeding $35 million, and as co-counsel to a claimant in ICC arbitration obtaining a $4.2 million award.
- Represented investment advisers, mutual funds, and broker-dealers in FINRA, SEC, and AAA proceedings, including trade-execution, compensation, and fund-marketing disputes, and Form U-4/U-5 disclosure and expungement matters.
- Represented Lloyd's underwriters against a multi-million dollar fidelity bond claim in New York state court, and defended an accountant against fraud claims arising from a $400 million estate.
- Represented banks, mortgage lenders, automobile manufacturers, pharmaceutical companies, insurers, and healthcare companies in complex commercial litigation and government enforcement matters, including matters litigated through the U.S. Supreme Court.
Business Torts, RICO & Related Litigation
- Represented investors in renewable energy companies in the successful defense of RICO and fraud claims exceeding $100 million in the Southern District of New York.
- Represented a large-scale travel company and its owners in the successful defense of RICO and fraud claims brought by a former owner in the Eastern District of California.
- Successfully obtained a Ninth Circuit affirmance defeating a mass-arbitration demand against a mobile-game developer in a consumer class dispute.
- Successfully obtained a trial verdict for investors against a REIT acquiring a management company and multiple apartment developments.
- Successfully obtained a trial verdict in a national dispute among major shopping-center developers over the legality of a proposed bond issuance.
- Lead trial counsel successfully defending a chemical manufacturer against conspiracy and related claims exceeding $10 million.
- Represented a Fortune 200 consumer electronics company in a securities fraud class action alleging accounting improprieties; case dismissed with prejudice.
Lender, Creditor & Bankruptcy-Related Business Litigation
- Represented an internationally-renowned healthcare system in resolving disputes with a prominent insurer over nonpayment and underpayment of emergency-department claims.
- Represented health care providers in defense of claims by major insurers seeking recovery of more than $15 million in alleged reimbursement overpayments.
- Secured a $14.7 million collective settlement of False Claims Act qui tam actions alleging inflated hospital billing.
- Served as special litigation counsel to bankruptcy trustees and SEC-appointed receivers in recovering tens of millions of dollars through avoidance actions, and in a $10 million recovery on accounting malpractice claims arising from public bond offerings for senior living facilities.
- Represented a chapter 11 trustee's complaint against one of the nation's largest healthcare claims administrators for breach of fiduciary duty related to a debtor's self-funded healthcare plan.
- Represented a judgment creditor in successfully petitioning a Maryland court for appointment of a receiver over an insolvent real estate developer's operations and assets.
- Represented lender-side and freight-carrier defendants in litigation brought by chapter 11 trustees to recover fraudulent and preferential transfers, including in connection with an alleged Ponzi scheme.
- Litigated successfully on behalf of numerous banks in lender-liability, defaulted-borrower, Fair Debt Collection Reporting Act, and Uniform Commercial Code disputes, and in defense of state banking-commission regulatory actions.
- Provided litigation support to private equity lenders, mezzanine lenders, and other specialty finance companies.
Appellate Business Litigation
- Represented parties and amici in more than a dozen appeals before the Supreme Court of the United States and in numerous civil appeals before the Fourth Circuit, the D.C. Circuit, and the Supreme Court of Virginia.
- Obtained reversal on appeal to the Fourth Circuit of a discovery order compelling production of trade secrets in a products liability action.
- Obtained reversal on appeal to the Supreme Court of Virginia of a $16 million jury verdict and judgment in a breach-of-license and trade-secret case.
- Successfully defended, on appeal to the Second Circuit, a bankruptcy court order approving a $2.4 million lease-rejection damages claim under the Bankruptcy Code.
- Persuaded a Maryland intermediate appellate court to affirm dismissal, on res judicata grounds, of claims seeking more than $20 million against a Whiteford client.
- Obtained an affirmance from the Fourth Circuit of a multi-million-dollar judgment for a chapter 11 bankruptcy trustee against a recipient of debtor assets.
Client Alert: You’ve Just Received a Force Majeure Notice Amid the Iran War — Immediate Steps for Receiving Parties
Your first instinct may be to accept it. Resist that instinct. A force majeure notice is an assertion, not a legal determination. Whether it succeeds depends on the contract language, governing law and the invoking party’s compliance with every contractual and legal requirement. Receiving parties who respond strategically often preserve — or even strengthen — their position.
This alert builds on our earlier guidance on potential geopolitical disruptions amid the Iran War and implications for force majeure and performance obligations in contracts, which focused on proactive contract review before a force majeure notice arrives. You can read the prior alert here.
Client Alert: Supreme Court Rules President Lacks Authority to Impose Tariffs Under IEEPA
- The Supreme Court ruled that IEEPA does not authorize the President to impose tariffs in a 6-3 decision.
- The Supreme Court did not address how tariffs will be refunded to importers. Resolution of that process will now be in the hands of the lower courts.
In a significant ruling on executive power, the Supreme Court has held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. This decision strikes down tariffs that President Trump imposed on imports from Canada, Mexico, China and other trading partners following declarations of national emergencies related to drug trafficking and trade deficits. Critically, the Court did not address how tariffs will be refunded to affected importers.
Client Alert: State Attorneys General Target Plastics Industry Initiatives with Antitrust Scrutiny Amid a Growing Trend: What Nonprofits Need to Know When Participating in Coalitions and Coordinated Initiatives
Client Alert: Virginia Supreme Court Clarifies Sovereign Immunity – Whiteford Secures Win in Ellis v. Jolley
- In a victory for Whiteford’s Appellate Practice, the Supreme Court of Virginia clarified the scope of the sovereign immunity doctrine.
- The case involved a municipal trash truck driver and whether he could be liable for negligence while on his route.
- The Circuit Court ruled the driver was immune, but the Supreme Court disagreed.
- The Court focused on whether the driver was exercising judgment and discretion beyond ordinary driving at the time of the accident.
- The decision provides guidance for negligence cases involving municipal employees and vehicle operation.
- The decision was a significant win for Whiteford’s client, allowing her to seek relief for her injuries.
Client Alert: States Intensify Enforcement Against Unlicensed Cryptocurrency Businesses as Federal Oversight Shifts
Client Alert: When Trust Turns to Deceit: A Playbook for Financial Misconduct and Internal Investigations
Client Alert: GENIUS and CLARITY in Practice: Action Steps for Crypto Compliance
Client Alert: Virginia Court of Appeals Clarifies Finality for Cases Seeking Attorney Fee Awards
Client Alert: Assignments of Error: Is That Your Final Answer?
Client Alert: Jurisdictional Win Shields Businesses From Texas State Securities Board Overreach
Client Alert: CLARITY Act and SEC Exemption: U.S. Crypto Regulation Update
Client Alert: Department of Justice’s New White Collar Crime Focus
Client Alert: The GENIUS Act: A Compliance Roadmap for Stablecoin Issuers in 2025
Client Alert: New York State Attorney General’s Office Announces Focus on Martin Act Investigations and Prosecutions
Client Alert: CTA Enforcement Suspended – Key Updates on Filing Requirements
Client Alert: Mandatory CTA Compliance Returns – What You Need to Know
Client Alert: The Supreme Court of Virginia Amends Rules on Remote Witnesses and Written Statements of Fact for Appeal
Client Alert: Corporate Transparency Act: Nationwide Injunction Restored; Filing Deadlines Paused
Client Alert: Corporate Transparency Act Reinstated
Client Alert: U.S. Government Appeals National Injunction Against Corporate Transparency Act
Client Alert: Federal Court Grants Nationwide Preliminary Injunction Against Corporate Transparency Act
Client Alert: DOJ and OFAC Actions Showcase Expansive U.S. Oversight of Foreign Conduct
Client Alert: OFAC Update: Reporting, Procedures and Penalties Rule Changes Effective November 7, 2024
Client Alert: The End of Chevron Bias: A Tombstone No Federally Regulated Company Should Miss
Client Alert: Corporate Transparency Act (CTA) Found Unconstitutional by Federal District Court
Client Alert: Foreign Extortion Prevention Act
Client Alert: FTC Proposal to Ban All Non-Compete Clauses – Legal Update
Client Alert: Your Corporation Could be Sued Virtually Anywhere – New Personal Jurisdiction Decision Causes Concern
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.
Client Alert: Major Win for Montgomery County: Whiteford Successfully Defends County Against Religious Burden Claim
Client Alert: Delaware Court Holds Public Entities Liable for Opponents' Attorneys' Fees in "Public Interest Litigation"
Marla Diaz Argues the Constitutionality in Virginia Express Lanes Case
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.
Admission of GPS Evidence Signals Brave New World
Erek Barron was quoted in the American Bar Association article, "Admission of GPS Evidence Signals Brave New Word."
Demonstratives Allowed in Jury Room During Deliberations
Erek Barron was quoted in length in the American Bar Association article, "Demonstratives Allowed in Jury Room During Deliberations."
Settlement in Just for Feet Case May Fan Board Fears
Please see the attached article, originally published in the Wall Street Journal, April 23, 2007.
Whiteford Adds Six Partners in New York City, Expanding its Litigation, International and Corporate Practices
Significant Win for Richmond Appellate Team
Leading Litigator John Erbach Joins Whiteford in Richmond
87 Whiteford Attorneys Recognized in Best Lawyers in America 2027
Chambers Recognizes Whiteford in a Record 16 Practices
Leading Litigator Bruce Bernstein Joins Whiteford in DC
International Arbitration Attorney Joins Whiteford in New York
Richmond Spotlight: Vern Inge
Richmond Spotlight: Stephen M. Faraci, Sr.
Leading Litigator Mariam Tadros Remy Joins Whiteford in Falls Church
Richmond Spotlight: Michael H. Brady
New York Expansion Continues with Joseph Jones and Benjamin Wolf
11 Whiteford Attorneys Named Litigation Stars by Benchmark Litigation
Three Whiteford Attorneys Recognized by Virginia Lawyers Weekly
83 Whiteford Attorneys Listed in Best Lawyers in America 2026
Gregory Bean and Brett Herbert Deepen Whiteford Litigation Bench in Richmond
Chambers Recognizes Whiteford in a Record 15 Practices
Former Assistant US Attorney James B. Gatehouse Joins Whiteford in Charlotte
Whiteford Opens in West Palm Beach; Welcomes Prominent Florida Litigator Steven Ellison
Spencer Cox and Chip Hancock Join Whiteford in Richmond
Virginia Lawyers Weekly Names Stephen Faraci as Go To Lawyer for Business Litigation
Commercial Litigation Attorney Joins Whiteford in Virginia
Whiteford’s Corporate and Litigation Practices Continue Richmond Expansion
77 Whiteford Attorneys Listed in Best Lawyers in America 2025
Record 33 Whiteford Attorneys Recognized by Chambers
New Whiteford Litigators in Columbia
13 Whiteford Lawyers Recognized by Benchmark Litigation in 2024
Whiteford Growth Continues in New York
A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”
Virginia Lawyers Weekly Names Stephen Faraci and Michael Brady as Go To Lawyers
Chambers Honors Whiteford in 14 Practice Areas
Two Leading Attorneys Join Whiteford in Richmond
16 Whiteford Lawyers Recognized by Benchmark Litigation in 2023
73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”
Chambers Honors Whiteford in 14 Practice Areas
16 Whiteford Lawyers Recognized by Benchmark Litigation
75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”
Chambers Honors Whiteford in 11 Practice Areas
Bankruptcy & Commercial Litigation Attorney Joins New Whiteford Office in Virginia Beach
U.S. News Awards Top-Tier Rankings to 44 Whiteford Practices, Including a Record 22 Nationally and 10 Newly Ranked in Richmond
10 Whiteford Lawyers Recognized as Benchmark Litigation Stars
71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”
Chambers Honors Whiteford in 10 Practice Areas
Whiteford Welcomes Litigation and Maritime Attorneys
U.S. News Awards Top-Tier Rankings to 42 Whiteford Practices, Including a Record 20 Nationally and 10 Newly Ranked in Richmond
A Record 11 Whiteford Lawyers Recognized as Benchmark Litigation Stars
64 Whiteford Attorneys Listed in Best Lawyers in America 2020, Five Named “Lawyer of the Year”
20 Whiteford Attorneys Named Super Lawyers and Rising Stars in DC, Pennsylvania and Virginia
Chambers Honors Whiteford in 11 Practice Areas in 2019
Whiteford Named Maryland Law Firm of the Year by Benchmark Litigation
Whiteford, Taylor & Preston Attorneys Honored by Chambers and Partners in 12 Practice Areas
Whiteford Ranks National Tier 1 in Litigation, Bankruptcy and Real Estate
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 and 29 Lawyers Honored by Chambers and Partners
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.
Forty-one Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland and Kentucky for 2017
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 and 21 Lawyers Named as Leaders in the Legal Profession by Chambers and Partners
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.
59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2016, Eight Named as “Lawyers of the Year”
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.
Chambers USA Names 17 Whiteford Taylor Lawyers Leaders In Their Field
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 wins HOT Lanes case in Virginia
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.
U.S. News & World Report: Whiteford, Taylor & Preston Once Again Ranked in More Practices than Any Other Firm in Maryland
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.
U.S. News & World Report: Whiteford, Taylor & Preston Highest Ranked Maryland Firm
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.
Hroblak, Nussbaum & Ryan Listed in Inaugural Edition of Benchmark Plaintiff 2012
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.
Nussbaum and Ryan Present at Global Distressed Debt West Coast Investor Forum
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.