Whitney concentrates her practice in commercial litigation, with a particular emphasis on securities class action litigation, domestic and international arbitration, appellate work, and complex breach of contract litigation. She has provided successful representation to Fortune 500 companies, midsize companies, and national and international clients.

Whitney regularly counsels and offers trainings to a large health care provider on issues relating to ERISA-compliant collection policies, contracts and contract terminations with third-party payors, and disputes associated with reimbursement pursuant to health care plans, network agreements, and single patient agreements.

Whitney maintains an active pro bono practice. Working with the SeniorLAW Center, she has represented low-income seniors victimized by home improvement fraud. Working with the Juvenile Law Center, she represented an individual in an appeal to the Pennsylvania Supreme Court challenging the constitutionality of a de facto life without parole sentence imposed on a juvenile offender.

Commercial Litigation

• Obtained a complete defense verdict in a six-week antitrust trial on behalf of two egg producer cooperatives alleged to have orchestrated an industry-wide supply restriction scheme to fix the prices of eggs and egg products sold in the U.S. Damages were claimed to be in excess of $1 billion. Representation also included acting in capacity of liaison defense counsel.
• Represented a pharmaceutical company in a securities class action litigation in the Eastern District of Pennsylvania involving alleged disclosures made in connection with the company’s efforts to gain FDA approval of a COVID-19 vaccine, and related derivative litigation. Obtained a complete dismissal with prejudice, which was affirmed by the Third Circuit. In re Ocugen, Inc. Sec. Litig., 659 F. Supp. 3d 572 (E.D. Pa. Mar. 3, 2023), aff’d 2024 WL 1209513 (3d Cir. Mar. 21, 2024).
• Representing a pharmaceutical company and its officers in a class action involving claims brought under the Securities Exchange Act of 1934 and Rule 10b-5, and in related derivative litigations.
• Obtained a favorable settlement on behalf of a biopharmaceutical company in a litigation brought by a former officer relating to the exercise of stock options.
• Representing a leading U.S. health care provider in multiple payment disputes with payors and joint venture partners.
• Represented a service provider to health care facilities and its officers in a class action involving claims brought under the Securities Exchange Act of 1934 and Rule 10b-5, and in related derivative litigations.
• Supervising complex civil litigation in India involving a French client company, its Dutch subsidiary, and their Indian joint venture partner in an appeal to the Indian Supreme Court.
• Represented a leading metal processor and distributor in a breach of contract and warranty dispute.
• Represented a large regional railroad company in a variety of contract disputes and other matters.
• Successfully defended a university in a lawsuit brought by students, alumni, and donors over a university’s decision to sell a college.
• Obtained injunctive relief and a favorable settlement on behalf of a French company in an action against a former employee for fraud and breach of contract.
• Obtained a favorable settlement on behalf of a private equity fund manager in a fee dispute with a global placement agent.
• Obtained a favorable settlement on behalf of a security and fire protection company in a case involving breach of a software license agreement.
• Obtained a favorable settlement on behalf of a French transformer manufacturer in a breach of warranty dispute.
• Successfully defended an appeal to the U.S. Court of Appeals for the Ninth Circuit on behalf of a nationally renowned hospital challenging whether appellant was bound by a prior patient class action settlement.
• Obtained an appeal in the Michigan Court of Appeals, affirming the summary disposition of a breach of warranty and product liability case on behalf of a valve manufacturer.
• Obtained a favorable settlement on behalf of a rail carrier resolving alleged violations of a city’s nuisance ordinance after raising issues of preemption by the ICC Termination Act and related federal legislation.

Arbitration

• Representing an Indian manufacturing company and its U.S. subsidiary in an ICC arbitration involving breaches of representations and warranties in a membership interest purchase agreement.
• Obtained a complete defense award, and prevailed in part on counterclaims, in a five-day AAA construction dispute relating to the integration of two technologies.
• Obtained a complete defense award, and prevailed in part on counterclaims, in a seven-day JAMS arbitration between a U.K. pharmaceutical manufacturer and its licensee regarding the interpretation of the license agreement.
• Represented a major medical device company in an eight-day AAA arbitration involving a multimillion-dollar indemnification claim.
• Obtained a significant quantum award for client in an LCIA international arbitration involving an Indian real estate joint venture.
• Represented a large health care provider in AHLA arbitrations involving payment disputes with payors and contract negotiators.

• Best Lawyers in America®: Ones to Watch: Commercial Litigation (2024-2025)