Whitney Waldenberg's practice is diverse and focuses primarily on complex civil litigation, with an emphasis business disputes and financial services litigation.
Whitney represents corporate clients across a variety of sectors, including the energy, retail, manufacturing, hospitality, and financial services industries. She also represents local governments and local businesses.
Whitney has litigated matters involving business disputes, intellectual property, antitrust, catastrophic personal injury, wrongful death, lawyer malpractice, insurance coverage, and lender liability claims. Her practice has taken her before state agencies, where she has aided clients in administrative proceedings, including protests of government contract awards. She regularly practices before both state and federal courts, including state and federal courts of appeal.
Whitney was recently selected as a Rising Star in Business Litigation in the 2014 edition of North Carolina Super Lawyers.
- Represented national hotel franchisors in actions to enforce termination of franchisees, to enjoin trademark infringement, and to collect royalties and liquidated damages. Obtained judgments and/or settlements in numerous actions against terminated franchisees.
- Defended national hotel franchisor against direct and vicarious personal injury claims with favorable results for client.
- Defended real estate investment sponsors before the North Carolina Business Court against fraud and securities claims arising out of the sale of commercial properties.
- Defended against indemnification claim related to unforeseen failure of waste water treatment facility servicing hotel and condominium complex.
- Defended energy company against injury claims arising from contact with live electrical line and obtained favorable result for client.
- Defended an energy company against wrongful death claims arising out of a rail-related fatality. Negotiated confidential pre-suit settlement with terms favorable to the client.
- Successfully defended a mobile home manufacturer against wrongful death claims resulting from a fatality in the transportation of its product.
Intellectual Property Litigation
- Represented manufacturer against patent infringement claim and in asserting antitrust claims in federal district court.
- Represented a company and employees against trademark infringement and counterfeiting claims in federal district court, and obtained favorable settlement.
Lawyer Malpractice Litigation
- Defended attorney and firm against federal RICO, Fair Debt Collection Practices, fraud, constructive trust, unjust enrichment, and conversion claims. Obtained a dismissal of action, and pursued sanctions against plaintiffs’ counsel, which was granted and affirmed on appeal.
Local and State Government Litigation
- Defended emergency medical services workers against claims arising out of individual being transported to and placed in morgue after injury and was later discovered to be alive; obtained summary judgment for emergency medical workers that was affirmed on appeal. Green v. Kearney, 217 N.C. 65, 719 S.E.2d 137 (2011) –
Administrative Law Litigation
- Defended automobile manufacturer in proceeding challenging issuance of dealer’s license directly to manufacturer. During aggressive defense of the license, Agency dismissed proceeding, leaving license in place and declining to prosecute further. N.C. Division of Motor Vehicles v. Tesla Motors
Financial Services Litigation
- Defended several cases involving allegations of lender liability and have obtained favorable results for clients.
Negligent Storage of a Firearm-Potential New Claim Ripe for Supreme Court Review, The Resource (North Carolina Association of Defense Attorneys), Volume 1, Issue 9, October 2012
Statute of Limitations and Laches No Bar to Claim Against State for Return of Archives Over 100 Years After Original Transfer, The Resource (North Carolina Association of Defense Attorneys), Volume 1, Issue 9, October 2012
When Science Is Silent: Examining Compensation of Vaccine-Related Injuries When Scientific Evidence of Causation Is Inconclusive, 42 Wake Forest L. Rev. 303 (2007).