Barclay Damon
Barclay Damon


Brian Whiteley


p: 617.274.2903

f: 617.722.6003

icon_download Vcard

Boston Office

One Financial Center
Suite 1701
Boston, Massachusetts 02111

Brian is Barclay Damon’s Commercial Litigation Practice Group leader. He primarily 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 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

  • American Bar Association
  • Boston Bar Association
  • Massachusetts Board of Bar Overseers, Hearing Officer

Civic Activities

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

Speaking & Publications

  • 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 to Super Lawyers Massachusetts: Business Litigation, 2010-2018
  • Boston Bar Association President’s Award: Marathon Assistance Project, 2014
  • Selected to Super Lawyers Massachusetts: Employment & Labor, 2011-2014
  • NYS Bar Association, Empire State Counsel Honoree, 2013

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
  • US Court for International Trade to Chief Judge Edward Re, Clerk
  • The New Milford Times, Managing Editor