Whitney Cloud

Partner

Admitted in Pennsylvania, the District of Columbia, and New York

Emailwhitney.cloud@us.dlapiper.com

Call+1 215 656 2440

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 Investigations Financial 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 in principle 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

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

Education

J.D., Yale Law School

B.A., Georgetown University

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, AKD Partners, (2023)