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Our Clients: Representative Cases

Supreme Court Is Poised to Endorse ‘Implied Certification’ in FCA Cases

By R. Scott Oswald Managing Principal, The Employment Law Group, P.C. If a government supplier quietly ignores vital rules but still bills taxpayers as if it had complied, can it be held liable under the federal False Claims Act — even if it never directly lies about its compliance? In today’s arguments in Universal Health Services Inc. v. United States ex rel. Escobar, the U.S. Supreme Court heard two diametrically… [Read more]

Our Clients: Representative Cases

What’s It Like to Be a Whistleblower? An Interview with Dr. Ting

THIS POST CONCERNS A CLIENT OF THE EMPLOYMENT LAW GROUP® LAW FIRM. THE RESULTS OF ALL CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE RESULTS. Our Founding Fathers called whistleblowing “the duty of all persons in the service of the United States,” and Abraham Lincoln signed the False Claims Act to foster the practice. But while federal laws reward… [Read more]

Our Clients: Representative Cases

First Amendment Protection: The Start of a Comeback?

NOTE: A version of this post first appeared on Law360.com. The author, R. Scott Oswald, is managing principal of The Employment Law Group, P.C. With Lane v. Franks, the U.S. Supreme Court has backed off slightly from the absolutism of a 2006 decision that limited the free-speech rights of public employees — and, in the process, has created a framework that may allow more moderation in future cases. At one… [Read more]

Our Clients: Representative Cases

Supreme Court Says SOX Can Fit Almost Anyone

NOTE: A version of this post first appeared on Law360.com.  The author, R. Scott Oswald, was counsel of record on an amicus curiae brief filed in this case. In deciding Lawson v. FMR LLC, the first whistleblower case they have heard under the Sarbanes-Oxley Act (SOX), the justices of the U.S. Supreme Court agreed that the law’s ambiguous anti-retaliation provision offered two alternatives, both somewhat unappealing: Either it doesn’t protect… [Read more]

Our Clients: Representative Cases

Burrage v. U.S. — Can a Heroin Dealer Help to Clarify Whistleblower Law?

By R. Scott Oswald It’s rare for a criminal appeal — let alone the appeal of a heroin dealer’s sentence for his client’s ill-fated drug binge — to guide our understanding of whistleblower protection laws. Yet there, on January 27, was the U.S. Supreme Court’s unanimous judgment in Burrage v. United States, a mandatory-minimum drug case that ended up parsing the retaliation provisions of Title VII of the Civil Rights Act of 1964,… [Read more]

Our Clients: Representative Cases

Five Steps to Fight a Non-Compete Agreement (While the FTC Tries to Make Them Illegal)

By R. Scott Oswald IMPORTANT: The following article is intended as a general summary of facts and law and not as individual legal advice upon which you should rely or act. Every case is unique and specific. This article represents our firm’s best knowledge as of January 2023. It’s the last thing you need as you contemplate a new job: An official-sounding letter from your old employer, threatening to enforce… [Read more]

Our Clients: Representative Cases

Ben Considine

Ben Considine is a legal fellow at The Employment Law Group® law firm. Prior to joining the firm, Mr. Considine worked as a law clerk for the District of Columbia’s Department of Consumer and Regulatory Affairs and as a legal fellow at the COVID-19 Rapid Response Systems Summer Institute. Mr. Considine obtained his J.D. from The George Washington University Law School in May 2022 with a concentration in business and… [Read more]

Our Clients: Representative Cases

Tola Ogunrinde

Tola Ogunrinde is a legal fellow at The Employment Law Group® law firm. Prior to joining the firm, she consulted for She Matters Inc., a femtech startup company, and the New York Embroidery Studio, a fashion design and manufacturing studio. Ms. Ogunrinde obtained her J.D. from The George Washington Law School in May 2022, with a concentration in intellectual property and graduate certificate in health policy. During law school, she… [Read more]

Our Clients: Representative Cases

Gia Behnamian

Gia Behnamian is a legal fellow for The Employment Law Group® law firm. Prior to joining the firm, she helped litigate employment cases as an intern at the Transportation Security Administration’s Office of Chief Counsel and interned as a summer law clerk for Hawaii State Supreme Court Justice Sabrina S. McKenna. Ms. Behnamian graduated from the George Washington University Law School in May 2022. At GW Law, she spent an… [Read more]

Our Clients: Representative Cases

Kirsten Fetrow

Kirsten Fetrow is a part-time law student at the University of Denver and expects to graduate in May 2025. Before joining The Employment Law Group® law firm, she coordinated research trials in children and adults with neurological conditions such as epilepsy, strokes, and headaches. Ms. Fetrow graduated from the University of Denver with a bachelor’s in psychology and minors in biology and cultural studies.

Our Clients: Representative Cases

Tae Hoon Yang

Tae Hoon Yang is a legal fellow at The Employment Law Group® law firm. Prior to joining the firm, he worked as a legal intern for the Disability Rights Maryland and for the Federal Emergency Management Agency in Washington, D.C. Mr. Yang obtained his J.D. from The George Washington University Law School in May 2022. In May 2018, he graduated from the College of William and Mary, where he earned… [Read more]

Our Clients: Representative Cases

Cassie Harrington

Cassie Harrington is a legal fellow at The Employment Law Group® law firm. Prior to joining the firm, she worked as a legal intern for the International Centre for Missing and Exploited Children, as well as interned for the D.C. Bar Pro Bono Center. Ms. Harrington obtained her J.D. from The George Washington University Law School in May 2022. In May 2019, she graduated from the University of Notre Dame,… [Read more]

Our Clients: Representative Cases

Report Medicare Fraud for Rewards

What reward is available to Medicare fraud whistleblowers? To encourage whistleblowers to file lawsuits that expose fraud against Medicare and other government programs, the FCA awards such “relators” up to 30% of any money the government recovers as a result of their litigation. What is Medicare, anyway? How does Medicare fraud typically work? Medicare is a government health insurance program for (a) people aged 65 years or above; (b) people… [Read more]

Our Clients: Representative Cases

Ethan McSweeny

Ethan McSweeny is an evening student at American University Washington College of Law where he serves on the Executive Board of the Alternative Dispute Resolution Honor Society. He expects to graduate in 2025. Prior to joining The Employment Law Group® law firm, Mr. McSweeny was a professional theatre director whose work was recognized with Drama Desk, Helen Hayes, Outer Critics Circle, Irish Times, and Tony awards and nominations. In addition… [Read more]

Our Clients: Representative Cases