Business Litigation

Reputation. Relationships. Results.

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.

  • Best Law Firms
Name
Title
Contact

Client Alert: Corporate Transparency Act (CTA) Found Unconstitutional by Federal District Court

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.”

Client Alert: Foreign Extortion Prevention Act

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. 

Client Alert: FTC Proposal to Ban All Non-Compete Clauses – Legal Update

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. 

Client Alert: Your Corporation Could be Sued Virtually Anywhere – New Personal Jurisdiction Decision Causes Concern

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.

Client Alert: Major Win for Montgomery County: Whiteford Successfully Defends County Against Religious Burden Claim

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”).

Client Alert: PA Employment Discrimination Changes

2023 marks a new year and the expansion of the scope of protected classes that will be covered under Pennsylvania anti-discrimination laws. On December 8, 2022, the Independent Regulatory Review Commission approved regulations proposed by the PA Human Relations Commission to expand and clarify classifications of the terms “sex”, “race” and “religious creed” as they pertain to protected classes under the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA). Most notably, the new definitions clarify coverage of those in the LGBTQ+ community and prohibit discrimination based on hairstyle and hair texture. Although federal laws protecting these subclasses have been in place for some time, they have not been specifically referenced at the state level until now. 
 

Client Alert: Delaware Court Holds Public Entities Liable for Opponents' Attorneys' Fees in "Public Interest Litigation"

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 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.  

13 Whiteford Lawyers Recognized by Benchmark Litigation in 2024

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).

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

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.

McKevitt named to Benchmark Litigation 40 & Under

Patrick D. McKevitt from Whiteford has been named to the Benchmark Litigation 40 & Under. He is identified by peers and clients as being among the most notable up-and-coming litigation attorneys in the United States.

16 Whiteford Lawyers Recognized by Benchmark Litigation in 2023

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 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”

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.

Chambers Honors Whiteford in 14 Practice Areas

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.

16 Whiteford Lawyers Recognized by Benchmark Litigation

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.

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

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.

Chambers Honors Whiteford in 11 Practice Areas

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.

Law360 on Whiteford’s Growth in Pittsburgh

A Law360 article on the growth of Whiteford, Taylor & Preston’s Pittsburgh office appeared March 11 and featured an interview with Mike Roeschenthaler, Managing Partner of the Pittsburgh office.

U.S. News Awards Top-Tier Rankings to 44 Whiteford Practices, Including a Record 22 Nationally and 10 Newly Ranked in Richmond

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.

71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”

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.

Chambers Honors Whiteford in 10 Practice Areas

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.

U.S. News Awards Top-Tier Rankings to 42 Whiteford Practices, Including a Record 20 Nationally and 10 Newly Ranked in Richmond

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.
 

A Record 11 Whiteford Lawyers Recognized as Benchmark Litigation Stars

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.
 

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. 

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.

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.