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Profile
Mr. Whiteley is Co-Chair of the Commercial Litigation Practice Area and concentrates in civil litigation and advises employers and business executives with respect to all aspects of the employment relationship. He has represented corporate clients in a variety of contexts, including securities and ERISA litigation and administrative proceedings, wage and hour class action litigation, employment discrimination and wrongful termination suits, trade secret and non-competition cases, and software licensing and intellectual property disputes.
Most recently, Mr. Whiteley has represented corporate and individual clients in securities and ERISA class action litigation and in proceedings before the Securities and Exchange Commission and Department of Labor. Mr. Whiteley is also representing corporations and business executives with respect to a wide-variety of employment matters, including employment practices and procedures, the negotiation of employment and severance agreements, the interaction between the FMLA, ADA and unemployment laws, the defense of wage and hour claims, discrimination and other employment-related claims, and the prosecution and defense of non-competition and trade secret claims.
Areas of Practice
Representative Clients / Matters
- Representation of officers of publicly-held companies with respect to securities class action litigation and related proceedings.
- Representation of executives at several publicly-held companies with respect to Securities and Exchange Commission investigations and litigation.
- Representation of privately-held investment advisor in ERISA class action litigation.
- Representation of Massachusetts-based employer and one of its human resources employees in class action in Federal court in California for alleged failure to pay overtime and other wage-related claims, settling the case successfully after obtaining the dismissal of the human resources employee.
- Representation of a national manufacturer of power cords in a discrimination lawsuit, obtaining summary judgment on the manufacturer’s behalf which was upheld on appeal.
- Successful representation of a high tech service provider against a disgruntled former employee who had hacked into the company’s human resources computer files and distributed confidential information regarding company executives and employees. Obtained immediate injunctive relief, seizure of hard drive on former employee’s home computer, and an order prohibiting further attempts to access client’s systems. Court also awarded damages in favor of client.
- Representation of physicians before the Board of Registration of Medicine with respect to various licensing and disciplinary issues.
Publications / Speaking
- “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
Admitted to Practice
- Massachusetts
- US District Court, District of Connecticut
- US District Court, District of Massachusetts
- US District Court, Northern District of California
- US District Court, Central District of California
- US Court of Appeals, 1st Circuit
Education
- St. John’s University School of Law, J.D., 1989, cum laude; Executive Notes and Comments Editor,
St. John’s Law Review
- Trinity College, B.S., 1983, high honors
Professional Affiliations
- Massachusetts Bar Association
- American Bar Association
- Boston Bar Association
Civic Activities
- Ashland Youth Baseball & Softball, President
Prior Experience
- 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
Office Location
One International Place ~ 26th Floor
Boston, New York 02110
Office Phone: 617.274.2900
Office Fax: 617.722.6003
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