Henry Whitaker

Henry Whitaker represents clients in constitutional, regulatory, administrative and commercial litigation in the trial and appellate courts, as well as in investigations and enforcement actions by state attorneys general. He has argued more than 50 cases in federal and state appellate courts. A partner in Dechert’s securities and complex litigation practice, he draws on senior government experience to help clients address business-critical legal issues and navigate federal and state enforcement and policy developments.

Before joining Dechert, Mr. Whitaker served as senior counselor to the United States attorney general. In that role, he advised the attorney general on the operations of the Department of Justice. His government career spans leadership and advisory roles at the federal and state levels.

As Florida solicitor general from 2021 to 2025, Mr. Whitaker oversaw the state’s most significant cases at every stage of the litigation process. He argued two cases before the Supreme Court of the United States: Moody v. NetChoice, LLC (2024), in which the Court set the First Amendment ground rules for government regulation of how social media platforms moderate and curate the content on their sites; and Gallardo v. Marstiller (2022), a Medicaid reimbursement case that affected the Medicaid programs of every state. Mr. Whitaker also served as principal deputy assistant attorney general and deputy assistant attorney general in the Department of Justice’s Office of Legal Counsel. He led the office’s executive orders practice and advised the White House, the attorney general and other government agencies and components on a range of legal issues.

Mr. Whitaker spent more than eight years on the Department of Justice Civil Division’s Appellate Staff, briefing and arguing dozens of cases in federal courts of appeals and state appellate courts. He also served as special counsel to the Republican majority staff of the United States Senate Judiciary Committee for the confirmation of Chief Justice John G. Roberts, Jr.