Wayne M. Whitaker

Wayne M. Whitaker

Attorney Profile

Top Rated Health Care Attorney in Fort Worth, TX

Whitaker Chalk Swindle & Schwartz PLLC
 | 301 Commerce Street, Suite 3500
Fort Worth, TX 76102
Phone: 817-878-0530
Fax: 817-878-0501
Selected to Super Lawyers: 2009 - 2019
Licensed Since: 1971
Education: Baylor Law School
Practice Areas:
  • Health Care (50%),
  • Securities & Corporate Finance (40%),
  • Business/Corporate (10%)
Attorney Profile

After receiving his law degree from Baylor Law School in 1971, Wayne furthered his legal education by obtaining a Master of Laws in Tax in 1972 from SMU Law School in Dallas, Texas. Wayne then served six years with the US Securities and Exchange Commission in Fort Worth, Texas where he gained experience in fraud enforcement litigation, broker dealer regulation, and registration of securities.  Upon entering private practice in 1978, he immediately began representing public companies in all areas of securities compliance, general corporate needs as well as mergers and acquisitions and public and private financing transactions.

In addition to advising public companies in their routine reporting obligations including Form 10-K, Form 10-Q, Form 8-K, and Proxies he has advised his clients as to matters involving their public marketplaces such as the NYSE, AMEX and NASDAQ.  He has extensive experience in structuring and representing both the buyer and seller in numerous acquisition and divestiture transactions, from small to large public transactions involving filing with both the SEC and under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, in various industries, but with particular experience in healthcare and oil and gas.

Wayne’s corporate experience includes representing clients in public offerings, private securities offerings, mezzanine and later stage financings and matters of sensitive corporate governance issues.  He has a unique appreciation for issues confronting the Board of Directors, as he served on the board of an American Stock Exchange traded company and was its Chairman for a period.

Since 1988 Wayne has been active in representing hospitals, physicians, healthcare service providers, and medical facility developers in all aspects of their activities, including acquiring, selling and developing hospitals, clinics, licensure, raising capital, negotiating and documenting loan agreements and general corporate and contract issues.  He routinely advises his healthcare clients regarding compliance with the Stark and Anti-Kickback Statutes and physician contract issues.

Wayne also enjoys advising entrepreneurs, start-ups and smaller companies, including choosing the best entity structure, general corporate and contract issues as well as capital raising methods.  Capital raising methods often requires counseling clients regarding compliance with Regulation D and other exemptions from federal and state securities registration laws. He regularly assists clients in drafting of private offering memorandums used to raise capital.

 

About Wayne Whitaker

Admitted: 1971, Texas

Professional Webpage: https://www.whitakerchalk.com/people/wayne-m-whitaker/

Honors/Awards:

  • Named a Top Attorney in Corporate Acquisitions & Mergers by Fort Worth, Texas Magazine for 2001
  • AV-Rating Martindale-Hubbell®: Preeminent™
  • Named a Top Attorney in Securities by Fort Worth, Texas Magazine for 2002, 2003, 2004, 2005, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2018.
  • Recognized by Thompson Reuters, Publisher of Super Lawyers Magazine and Texas Monthly as a "Texas Super Lawyer" for 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017
  • Named a Top Attorney in Health Care Law in 2017 and 2018 in 360West Magazine
  • Named a Top Attorney in Health Law by Fort Worth, Texas Magazine for 2006, 2007, and 2016
  • Named Fort Worth Texas Power Attorney 2012

Special Licenses/Certifications:

  • LLM in Taxation, SMU School of Law, 1972

Bar/Professional Activity:

  • Tarrant County Bar Association
  • The Business Law Section of the State Bar of Texas
  • The Health Law Section of the State Bar of Texas
  • Fellow, Tarrant County Bar Foundation
  • American Bar Association
  • American Bar Association Health Law Section
  • American Health Lawyers Association
  • American Bar Association Business Law Section
  • State Bar of Texas
  • Fellow, Texas Bar Association

Pro bono/Community Service:

  • Northeast Texas Chapter of the Cystic Fibrosis Foundation, Former President
  • Ronald McDonald House of Fort Worth, Former Chairman and President
  • World Health Forum 2000, Steering Committee

Scholarly Lectures/Writings:

  • 34th Annual Conference on Securities Regulation and Business Law, "Practice and Legal Issues Involving Microcaps, Delisted Companies and OTC Companies", Panel Speaker, February 9, 2012
  • 15th Essentials of Business Law, "Obtaining Financing for Your Business," Texas Bar CLE, Speaker, April, 2011
  • Panelist, Risk Factors in Unregistered Offerings, UT Law 2015 Securities Regulation Primer: The Nuts and Bolts of a "Private" Private Placement, 2015
  • John Fahy and Wayne Whitaker submitted an extensive comment letter to the U.S.  Securities and Exchange Commission September. 30, 2013. (“SEC”) on the SEC’s proposed changes to SEC  Regulation D Rule 506., SEC’s proposed changes to SEC Regulation D Rule 506

Educational Background:

  • BBA, Baylor University, 1971
  • LLM, Taxation, Southern Methodist University School of Law, 1972
  • JD, Baylor Law School, 1971

Industry Groups

  • Health Care
  • Oil & Gas
  • Real Estate
  • Technology
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Office Location for Wayne M. Whitaker

301 Commerce Street
Suite 3500
Fort Worth, TX 76102

Wayne M. Whitaker:

Last Updated: 4/4/2019

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