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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

TELG Plaintiff Alleges Wrongful Termination Over Medicare Billing Dispute

EAST ST. LOUIS – A former nurse practitioner with SSM Health Care claims she was instructed to bill for services that were traditionally a offered for free. Carol Clark-Kutscher filed a federal lawsuit on Nov. 17 in the District Court for the Southern District of Illinois against SSM Health Care Corporation. The lawsuit alleges retaliation in violation of the False Claims Act 3730 and retaliation in violation of Section 20… [Read more]

Our Clients: Representative Cases
Our Clients: Representative Cases

How Should HR Professionals Respond if Asked to Do Something Illegal or Unethical?

Ralph Kellogg recalls being asked early in his HR career by an operations manager to fire a Black employee, ostensibly because the woman didn’t “represent the company well.” Kellogg, who holds a SHRM-SCP, says he realized what the manager meant was, “We don’t like her because she’s Black.” […] Facing ethical or moral dilemmas can be par for the course for HR practitioners, who may also sometimes feel as though… [Read more]

Our Clients: Representative Cases
Our Clients: Representative Cases
Our Clients: Representative Cases
Our Clients: Representative Cases

Briana Scholar

Briana Scholar is a Litigation Legal Fellow at The Employment Law Group® law firm. Prior to joining the firm, she worked as a law clerk at The Shanahan Law Firm LLC in Washington, D.C. Ms. Scholar obtained her J.D. from The George Washington University of Law in May 2021. In April 2018, she graduated magna cum laude from the University of Pittsburgh, where she earned a Bachelor of Arts in… [Read more]

Our Clients: Representative Cases

Chambers

Chambers, a renowned legal directory, assesses lawyers and law firms all over the world through extensive research and interviews. It is considered by many to be one of the most difficult legal rankings for which to be selected. In 2021, two attorneys from The Employment Law Group® law firm joined the prestigious ranks. Recognized attorneys:

Our Clients: Representative Cases

It’s Time for DOJ to Send a Signal to PPP Whistleblowers

By R. Scott Oswald and Lydia A. Pappas Eighteen months after the Paycheck Protection Program (PPP) was launched near the start of the COVID-19 pandemic, whistleblowers continue to identify cases of PPP fraud – a scourge that may have diverted as much as $76 billion in taxpayer money, according to a recent study. Because we represent whistleblowers, we get lots of these calls, some quite eye-opening. We hear about employers… [Read more]

Our Clients: Representative Cases

3 Compliance Tips for HR Professionals

After a year off due to the coronavirus pandemic, the Society for Human Resource Management’s annual conference returned this month, both in Las Vegas and online. With it came several sessions that have proved themselves perennial favorites. Among those were presentations on documentation and individual liability for HR professionals, as well as one predicting priorities for the U.S. Supreme Court. Below are three compliance tips from those sessions. […] 2…. [Read more]