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Whitney Cloud

Whitney Cloud

Partner
Admitted in Pennsylvania, the District of Columbia, and New York
Philadelphia
About

Whitney Cloud is an experienced first-chair trial litigator who navigates complex business challenges in highly regulated industries on behalf of the world's most recognizable brands. From competition and antitrust cases to emerging statutory liability connected to environmental, social and governance (ESG) initiatives, Whitney leads teams through the lifecycle of litigation: identifying and resolving issues before they emerge all the way to winning on motion practice and appeal. Drawing on her background as a federal prosecutor and Chief of Appeals, Whitney excels at preemptively identifying the convergence points where state attorney general litigation meets mass action lawsuits, allowing her to craft comprehensive defense strategies that address all exposure points.

Across the life sciences, technology, and consumer goods sectors, Whitney's ongoing tracking of judicial developments and regulatory shifts identify critical vulnerabilities and emerging risks that clients might otherwise overlook before they become mainstream litigation priorities. Combining her trial and appellate strengths, Whitney crafts litigation strategy to confront the novel statutory and tort liability clients face for the first time against aggressive litigants seeking to set precedent. In court, Whitney's holistic understanding of both sides of the courtroom leads to distilled arguments that resonate, resulting in favorable rulings and resolutions against government and private plaintiff opponents.

Areas of FocusLitigation, Arbitration and InvestigationsFinancial Services
Bar admissionsPennsylvaniaDistrict of ColumbiaNew York
CourtsUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the District of Columbia CircuitUnited States District Court for the Eastern District of New YorkUnited States District Court for the Southern District of New YorkUnited States District Court for the Northern District of OhioUnited States District Court for the Eastern District of PennsylvaniaUnited States District Court for the Western District of PennsylvaniaAll New York state courtsAll Pennsylvania state courts

REPRESENTATIVE EXPERIENCE

Pre-Litigation Resolutions
  • Successfully presented defense and advocated against criminal and regulatory enforcement on behalf of telecommunications client
  • Responded to and narrowed multiple federal subpoenas on behalf of satellite and space technology company, avoiding further criminal action
  • Favorably resolved dispute for consumer goods manufacturer as to supplier issue stemming from new environmental requirements
  • Evaluated and helped hospitality industry client avoid potential state attorney general actions arising from Dobbs ruling
  • Negotiated non-enforcement resolution for hospitality industry client facing criminal and tort liability related to business human rights
Trial Experience
  • Litigated and successfully resolved more than 25 lawsuits and civil government prosecutions for a telecommunications industry client facing its first litigation arising out of a major California wildfire
  • Convinced district court to enforce discovery protocols against state attorney generals in massive fifty-state antitrust action against pharmaceutical manufacturer, resulting in dismissal by multiple states
  • Obtained important victories at the motion to dismiss stage on behalf of a hospitality industry client facing state law negligence claims and federal statutory actions for ESG-related issues across the country
  • Crafted winning jurisdictional arguments to further litigation on behalf of life sciences plaintiff embroiled in business dispute over license agreement
Issues and Appeals
  • Successfully appealed and overturned the district court's ruling before the US Court of Appeals for the Fifth Circuit alleging an innovative life science company failed to exhaust administrative remedies in Medicare, carving out a new precedent for payment disputes
  • Argued before and convinced the Judicial Panel on Multidistrict Litigation to deny plaintiffs' request for coordinated multidistrict litigation for statutory tort cases on behalf of a hospitality industry client
  • Briefed First Amendment and Communications Decency Act arguments against state Attorneys General on behalf of technology industry associations
Education
  • J.D., Yale Law School
  • B.A., Georgetown University

Awards

  • Lawyers on the Fast Track, Legal Intelligencer, (2024)

Pro Bono

  • Represented social justice and military experts in a pro bono amicus capacity before the US Supreme Court, circuit courts, and federal district courts on issues of access to justice and voting rights
  • Litigated class action against state agency relating to individuals' access to federal and state benefits

Publications

Seminars

  • Presenter, "Implications for Medicine and Agency Deference in the Mifepristone Cases," Philadelphia Bar Association, (2024)
  • Panelist, "Anticipating and managing multi-plaintiff litigation," Product Liability Symposium, (2023)
  • Speaker, "Navigating Post-Dobbs Implications on Data Collection and Disclosure," Continuing Legal Education webinar, (2023)
  • Speaker, "Small Splash, Large Ripple: Bank Failure Flashpoints and 2024 Predictions," Emerging Legal Risks in Financial Services webinar, DLA Piper, (2023)

Clerk Experience

Prior to joining the firm, Whitney served as a law clerk for the Honorable Debra Ann Livingston of the US Court of Appeals for the Second Circuit.

My latest insights

Publication

SEC’s climate rule litigation update: Is it actually over?

17 April 2025 .6 minute read

Publication

Lawsuit over AI usage by Medicare Advantage plans allowed to proceed

24 February 2025 .5 minute read

Publication

SEC Climate Disclosure Rules: Four potential paths under President Trump

4 February 2025 .12 minute read

View All

Connect

Phone

+1 215 656 2440
(Work, Philadelphia)
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