As a National Trial Lawyers’ Top 100 Trial Lawyer, Scott Oswald has litigated nearly fifty trials to verdict and recovered over $120 million in judgments and settlements in employment and whistleblower actions. Mr. Oswald, a graduate of the Trial Lawyers College, is an accomplished trial lawyer in whistleblower protection, qui tam, wrongful discharge, employment discrimination, FMLA, USERRA, non-compete, and wage and overtime actions in federal and state courts, including a $57 million False Claims Act settlement, a 34.7 million False Claims Act Settlement, a $466,816 Equal Pay Act verdict, a $1,000,000 sexual harassment jury verdict, a $282,000 District of Columbia Whistleblower Protection Act jury verdict, a $579,338 Family and Medical Leave Act (FMLA) jury verdict, a $101,000 Title VII/Equal Pay Act jury verdict, a $1,134, 886.86 Wage Payment Act judgment, a $650,000 retaliation jury verdict, an $819,000 False Claims Act Whistleblower Retaliation jury verdict, and numerous settlements exceeding $1,000,000.
Mr. Oswald is an innovator in using whistleblower anti-retaliation laws to obtain money damages for whistleblowers. Notably, Mr. Oswald was Sheila Kalkunte’s lead trial counsel in her ground-breaking Sarbanes-Oxley (SOX) whistleblower retaliation claim, which was the first successful SOX retaliation trial verdict to withstand appeal. Mr. Oswald was Dr. Weihua Huang’s trial counsel in the first reported successful jury verdict under the whistleblower retaliation provisions of the False Claims Act since the 2009 Fraud Enforcement and Recovery Act. Mr Oswald was counsel in the first federal court Dodd Frank Act anti-retaliation suit to withstand a motion to dismiss and proceed to discovery.
Mr. Oswald uses the protections afforded whistleblowers to prevent employers from wrongfully terminating whistleblowers’ employment. For example, Mr. Oswald was Dr. Ning Shen’s counsel in her successful action to prevent the United States Department Veterans Affairs from terminating her employment while she litigated her employment claims.
Client Testimonial about working with R. Scott Oswald
Mr. Oswald is one of the few attorneys to prosecute a Maryland wrongful discharge claim to a winning jury verdict and to prosecute a Maryland retaliation claim to a winning punitive damages jury verdict. His successes have been chronicled and comments featured in numerous publications including The Wall Street Journal, The Washington Post, The National Law Journal, The Federal Times, BNA’s Daily Labor Report, LawyersUSA, Employment Law360, Virginia Lawyers Weekly, Workforce Management Magazine, Washington Lawyer Magazine, Medical Practice Compliance Alert, Crain’s Detroit Business, Human Resource Executive and LegalBiz Now.
Mr. Oswald’s cases have helped establish the vanguard of employment and whistleblower law for federal employee whistleblowers – Drake v. USAID, Miller v. TSA; SOX whistleblowers – Kalkunte v. DVI, Leznik v. Nektar, Stone v. IL; Feldman v. LEA; Qui Tam whistleblowers – Glynn v. IST, Mann v. H&K; Nuclear whistleblowers – Smith v. Duke Energy; those who have suffered workplace discrimination because of their age – Inman v. Klockner-Pentaplast; gender –Murtagh-Cooke v. U.S., Kennedy v. Virginia Tech; disability – Summers v. Altarum; race and national origin – Kumar v. Hilton Hotels Corp.; sexual orientation – Altan v. IK Retail Group; protected activity – Weintraub v. MHASM; and those who have been wrongfully discharged – Miller v. Washington Workplace, McFarland v. VRSCC, Randolph v. ADT. Mr. Oswald’s cases have helped define the contours of laws that protect employees who have had their wages or benefits unlawfully withheld – Risteen v. YFU, Sharer v. Tandberg. Mr. Oswald also has been at the forefront of the fight against forced arbitration of employment claims: Shaffer v. ACS, Booker v. Robert Half International.
Mr. Oswald is recognized as one of the Best Lawyers in America, a top 100 Super Lawyer in Washington, D.C., and one of the“Top Ten Employment Lawyers” in the Washington, D.C. Metropolitan Area by Top Ten Leaders. He is an American Lawyer Magazine “Top Rated Lawyer.” Mr. Oswald has been awarded a Martindale Hubbell AV® Preeminent™ Peer Review rating and is rated 10 out of 10 by Avvo.
Mr. Oswald serves as the Co-Chair the American Bar Association’s Labor and Employment Law Employment Rights and Responsibilities Complex Litigation Subcommittee and as a board member and CLE-Chair of the Qui Tam Section of the Federal Bar Association. Mr. Oswald is a Past-President of the Metropolitan Washington Employment Lawyers Association and serves as its Bench-Bar Committee Chair.
Mr. Oswald, who holds a Top Secret security clearance, lectures extensively on employment and whistleblower law, especially on the trial of employment and whistleblower protection claims in state and federal courts under the False Claims Act, the Dodd-Frank Act, the Sarbanes Oxley Act, FMLA, Title VII, ADEA and wrongful discharge and termination in violation of state public policy. He is the faculty chair of The D.C. Bar’s “Changing Currents in Employment Law” CLE and a regular panelist on the D.C. Bar’s “Fundamentals of Employment Law” series and is asked to speak regularly on ways to maximize damages recoveries in the trial of employment and whistleblower protection claims. To that end, in 2010 The Equal Employment Opportunity Commission invited Mr. Oswald to testify on the remedies that the EEOC should seek in its federal court enforcement of the Age Discrimination in Employment Act of 1967 (ADEA), and in 2011 the Department of Labor, Occupational Safety and Health Administration invited Mr. Oswald to guide it in restructuring its Whistleblower Protection Program.
Mr. Oswald has authored numerous articles on federal and state whistleblower and employment law protections. He authors a chapter on The District of Columbia Whistleblower Protection Act and Exceptions to The Doctrine of Employment At Will for the D.C. Practice Manual and is the editor of the Whistleblower Law Blog. Mr. Oswald has authored numerous amicus curiae briefs on whistleblower protection and employment discrimination issues including Lawson v. FMR LLC (which argues to the U.S. Supreme Court on behalf of the National Employment Lawyers Association for broad employer coverage under the anti-retaliation provisions of the Sarbanes-Oxley Act) VanBuren v. Grugg (which argued for – and the Virginia Supreme Court adopted – individual manager liability under the tort of wrongful discharge in violation of Virginia public policy); Jordan v. IBM (which argued for a broad application of the anti-retaliation provisions of Title VII), Johnson v. Siemens (which argued – and the court later held – that subsidiaries of publicly traded companies are covered entities under, and therefore subject to, the Sarbanes Oxley Act’s anti-retaliation provisions), Bonds v. Leavitt (which argued for – and the court later followed – an expansive interpretation of the term “disclosures” in the Whistleblower Protection Act to guarantee maximum protection for government whistleblowers), Villanueva v. Core Laboratories NV (which argued for an extraterritorial application of anti-retaliation provisions of the Sarbanes-Oxley Act ) and is active in efforts at the national and state level to strengthen legal protections for whistleblowers and employees.
Mr. Oswald is a graduate of the University of Virginia and received his law degree from The Howard University School of Law. He is admitted to practice before the District of Columbia, Maryland, Virginia and Florida bars, the United States Supreme Court, the United States Court of Appeals for the 3rd, 4th, 5th, 9th, 11th, D.C., and Fed Circuits, the United States District Courts for the District of Columbia, District of Maryland, Eastern and Western Districts of Virginia, Northern and Southern Districts of Florida, Northern District of Illinois, Northern District of Indiana, Northern District of Texas, Eastern District of Michigan, District of Colorado, and Western District of Tennessee.
Articles
What Will You Learn at Changing Currents 2017?, , Oct-2017
Class Waiver Oral Arguments Show Room For Compromise, , Oct-2017
Demystifying the Qui Tam Process, Verdict, May-2017
Just How Much Can the President Slash the Federal Workforce?, , Jan-2017
Shielding Relator’s Identity in Qui Tam Actions: The Landscape After ACA Changes to the False Claims Act, The Federal Lawyer, Dec-2016
High Court: When Punishing FCA Seal Violations, Avoid Taxpayer Harm, Law360, Dec-2016
Justices Shun Bright-Line Rule for FCA Seal Violations, Law360, Nov-2016
Freeing the False Claims Act, The Hill, Oct-2016
Biggest Test Yet For Statistical Sampling In FCA Cases, Law360, Oct-2016
Wells Fargo Shows 3 Deadly Sins Of SOX, Law360, Sep-2016
Guest Comment: How to make an election-free zone, Washington Business Journal, Sep-2016
Whistling for the Win in California Labor Code Section 1102.5, California Lawyer, Sep-2016
Medical Technology Use Spurs New C-Suite Titles, Which Bring Opportunity and Risk, American Journal of Managed Care, Sep-2016
The Family and Medical Leave Act: 5 Steps to Safeguard Your Protections, The Employment Law Group. P.C., Apr-2016
How to Stop the 2016 Election from Tearing Apart Your Workplace, The Employment Law Group. P.C., Aug-2016
The U.S. Military Leading the Charge on Paid Maternity Leave, Opening the Door for More Female Service Members, The Employment Law Group, P.C., Jun-2016
Let’s Be Real: Escobar Was a Clear Defeat for FCA Defendants, Law360, Jun-2016
Supreme Court Is Poised to Endorse ‘Implied Certification’ in FCA Cases, The National Trial Lawyers, Apr-2016
Supreme Court Sets a Practical Rule on Forced Resignations, The Employment Law Group, P.C., May-2016
In a Bind: The Unintended Consequences of Non-Compete Agreements on Damages Mitigation, The Employment Law Group, P.C., Mar-2016
How To Get Your Boss’s Attention — Without Getting Fired, Law360, Mar-2016
Berman v. Neo@Ogilvy Creates Circuit Split on Dodd-Frank’s Whistleblower Protections, Westlaw Journal Employment, Nov-2015
Breast Cancer – Know Your Legal Protections, Zestnow, Oct-2015
Transcendental: Applying existing law to protect transgender people in the workplace, Rage Monthly, Oct-2015
The Reporting Obligations Of Nurses: They Should Disclose Abuse Cases in Non-Clinical Settings, Payers and Providers, Jul-2015
25 Years of the Americans with Disabilities Act, Corporate Counsel, Aug-2015
E pluribus unum: Individual liability in securities fraud cases, Westlaw Journal Securities Litigation and Regulation, Aug-2015
Pulling back the ‘Triple Canopy’ on implied-certification claims under the False Claims Act, Westlaw Journal Government Contract, Aug-2015
Bring On the Babysitters: Testing the Boundaries of Lawson V. FMR LLC, Connecticut Lawyer, Jun-2015
Generic Whistleblower Laws Leave Mortgage Workers Underprotected, National Mortgage News, Jul-2015
Opinion: Discriminatory conditions plaguing Hispanic employees need more exposure, Fox News Latino, Jul-2015
In EEOC v. Abercrombie Ruling, A Wide Range Of Winners, Law360, Jun-2015
The More Important Part of High Court’s KBR Ruling, Law360, May-2015
Don’t Just ‘Walk it Off’: Protections in the Workplace for Employees With HIV, HIV Plus, May-2015
Corporate Knowledge Doctrine And The ‘Cat’s Paw’ Theory, Westlaw Journal Employment, May-2015
When Banks Don’t Do the Right Thing: Employee Options, Westlaw Journal White-Collar Crime, May-2015
The Greatest Article Ever Written on Puffery!, The Corporate Counselor, May-2015
Doctors and Lawyers—Employers That Incentivize Good Health May Need to Consult Both, Corporate Law Advisory, Apr-2015
Dismissiveness of Mental Illness in the Workplace and Protections for Employees, HealthNewsDigest.com, Apr-2015
Chipping Away at the Glass Ceiling: An overview of employee protections for women in the workplace, The NAWIC IMAGE, Mar-2015
Transcending the Workplace: Sexual Harassment in the 21st Century, Occupational Health & Safety, Apr-2015
Will 2015 Bring Expanded Liability for Contractors Under the FCA?, Contract Management, Mar-2015
In High Court Hijab Case, Reversal Is Likely, Law360, Feb-2015
Supreme Court could legalize employment discrimination, Detroit News, Feb-2015
Incentivizing good health: The legal issues presented by health-contingent wellness plans, Westlaw Journal Employment, Feb-2015
Sounding the Siren on Ambulance Fraud, EMS World, Feb-2015
Chipping Away at the Glass Ceiling: An Overview of Employee Protections for Women in the Workplace, MomsRising.org, Feb-2015
Trends in Anti-Kickback Litigation: What Clinical Laboratories Should Know, Clinical Laboratory News, Feb-2015
Blow the Whistle, PassageMaker, Jan-2015
The Family and Medical Leave Act: Making the Most of Your Protections, MomsRising.org, Jan-2015
Compensability of preliminary and postliminary activities under Integrity Staffing Solutions Inc. v. Busk, Westlaw Journal Employment , Jan-2015
Even Without Passage, Legislation Could Encourage Unionization, Hospitality Law Magazine , Jan-2015
Moving on? The top 5 steps to take when your company loses a contract, Westlaw Journal Government Contract, Jan-2015
With All Due Deference: Following the ARB’s Lead in Defining Protected Activity, Employment Law Strategist, Dec-2014
Choice of Forum Provisions in Federal Court: Choosing the Battlefield As an Uphill Fight for Pharmaceutical Industry Employees, Bloomberg BNA Pharmaceutical Law & Industry Report, Dec-2014
When Employers Must Pay Leave Benefits on Employees’ Separation, SHRM.org, Dec-2014
Defining Protected Activity Under SOX, Corporate Counsel, Dec-2014
Does the war on terrorism toll the limitations period on contractor fraud?, Westlaw Journal Expert & Scientific Evidence, Dec-2014
Oral Arguments In Young v. UPS Sound Too Close To Call, Law360, Dec-2014
No Longer a Remote Possibility, Diversity Executive Magazine, Nov-2014
Government Whistleblowers Deserve Payouts Too, Government Executive, Nov-2014
Forced Arbitration Clauses as Condition of Employment, Bloomberg BNA Daily Labor Report, Nov-2014
States have whistleblower statutes too: A look at Oregon, New Jersey and Delaware, Westlaw Employment Journal, Nov-2014
Oral Arguments Sound Like Protection For Whistleblowers, Law360, Nov-2014
With All Due Deference: Following the ARB’s Lead in Defining Protected Activity under SOX, The Corporate Counselor, Nov-2014
Back on the Job: Employee Protections Following a Breast Cancer Diagnosis, MomsRising.org , Oct-2014
Grabbing the bull(y) by the horns, Bay Area Reporter, Oct-2014
FIAFEA: The Ace that is Rarely Played, NAAUSA NEWS, Oct-2014
Workplace Tasks On Trial In Integrity Staffing Arguments, Law360, Oct-2014
The Road to Recovery: State False Claims Acts and Fraud in State-Funded Research, Bloomberg BNA Medical Research Law & Policy Report, Oct-2014
Extraterritoriality And Whistleblower Retaliation: Crossing the Line, The Corporate Counselor, Oct-2014
Temporary impairments under the ADAAA and the impact on government contractors, Westlaw Government Contractor, Sep-2014
The importance of being an “employee”, Employment Law Daily, Sep-2014
Leaving with what you brought: Non-compete agreements when you bring your book with you, The Government Contract Litigation Reporter , Sep-2014
The Glass Slipper: Searching For The FCA Case That Fits, Law360, Sep-2014
Post-Employment Retaliation: The ‘Gift’ That Keeps on Giving?, The Corporate Counselor, Sep-2014
Illinois Insurance Claims Fraud Prevention Act: What whistleblowers and providers should know, Health Care Law, Sep-2014
Teleworking as ‘reasonable accommodation’ no longer a remote possibility, Virginia Lawyers Weekly, Aug-2014
Where the False Claims Act meets for-profit colleges: 4 hot areas for compliance, eCampus News, Aug-2014
The Best Defense is a Good Offense – Invalidating Non-Competition Agreements when Departing from a Company, The Government Contract Litigation Reporter, Aug-2014
Workplace Bullying: Harassment Without a Protected Class, The Employment Law Strategist, Aug-2014
Down to the Crossroads: Where Securities Fraud and Fraud Against the Government Meet, The Federal Lawyer, Aug-2014
The Game Has Changed for Management: The Virginia Fraud Against Taxpayers Act and Its Applicability to State Entities, Virginia Lawyer, Jul-2014
Workplace Rights and Discrimination Laws, Small Business Opportunities, Jul-2014
Company liability and employee protections for FCC whistleblowers, Compliance & Ethics Professional, Jul-2014
How Defense Offsets Intersect with the FCPA, The FCPA Report, Jul-2014
Changing Tactics at the DOJ Stand to Permanently Alter the Face of Qui Tam Litigation, Bloomberg BNA Healthcare Fraud Report, Jul-2014
Where do employee rights start, and how far do they go?, Employee Benefit News, Jun-2014
New Ways To Separate Employee Speech From Citizen Speech, Law360, Jun-2014
When Can an Employee Quit and Still Sue for Wrongful Discharge?, ABA Employment and Labor Relations , Jun-2014
First-Amendment Defenses Against Whistleblowers, The Corporate Counselor, Jun-2014
Current trends in EEOC enforcement: Trends that suggest creative and progressive legal arguments, Plaintiff, Jun-2014
Workforce Whistleblowing at the Intersection of HIPAA and the False Claims Act, Bloomberg BNA Health Care Fraud Report, Jun-2014
Act Aims to Bolster Rights of Sexual-Assault Victims in the Military, American Bar Association Section of Litigation: Employment and Labor Relations - News and Developments, Jun-2014
The Rebranding Of “But-For” Causation In Title VII Cases, Law360, Jun-2014
After Five Years, Some Authoritative Case Law on the ADAAA’s Broad Sweep, Bloomberg BNA Daily Labor Report, Apr-2014
Whistleblowers in the Intelligence Community, Corporate Compliance Insights, Apr-2014
HR Is Employer’s First Line of Defense Against Lawsuits, SHRM.com (Society for Human Resource Management), Apr-2014
The impact of social communication disorder under the ADA, Mental Health Weekly, Mar-2014
Interns at heightened risk of harassment, Los Angeles Daily Journal, Mar-2014
Risks In Fighting Whistleblowers Over Confidentiality, Law360, Mar-2014
Corporate Counsel: You Might Want To Re-Examine That General Release, Pharmaceutical Compliance Monitor, Mar-2014
Current Trends in Trade Secret Litigation, SHRM.org (Society for Human Resource Management), Mar-2014
“As You ‘Like’ It”: Ascribing legal significance to social media, Employment Law Daily, Mar-2014
SOX Whistleblowers Find a New Friend In Supreme Court, Law360, Mar-2014
Class litigation and arbitration: Effects of Concepcion and Italian Colors on class action employment claims, Westlaw Journal Employment, Mar-2014
Acquiring More Than Just Assets: The Impact of Teed v. Thomas & Betts Power Solutions, LLC, The Corporate Counselor, Mar-2014
Given claws by Staub, ‘cat’s paw’ reaches into state courts, Westlaw Journal Employment, Feb-2014
Why the 5th Circ. Was Wrong in Asadi v. GE Energy, Law360, Feb-2014
The Effect of the Genesis Healthcare ruling on FLSA collective actions, Westlaw Journal Employment, Feb-2014
Notes On: Can I Be a Whistleblower If I Already Signed a Nondisclosure Agreement?, Labor Law Journal, Jan-2014
MSPB’s Ruling in Chandler Sets Standard for Furlough Appeals, American Bar Association, Dec-2013
Proposed CMS Rules Present a New Threat to Habitual Health Care Fraud Offenders, Bloomberg BNA Health Care Fraud Report, Dec-2013
Supreme Court Seeks Middle Ground For Whistleblowers, Law 360, Nov-2013
Reasons For Establishing Progressive Discipline Policies, Law 360, Nov-2013
Investment Advisers Act: The Whistle Heard ‘Round the World, Law 360, Nov-2013
New Tools to Combat Whistleblower Retaliation, False Claims Act & Qui Tam Quarterly Review, Oct-2013
Hypotheticals Help Explain ACA’s Whistleblower Provisions, HR Compliance Library: Ideas & Trends, Sep-2013
A Closer Look at Presidential Policy Directive 19, Law 360, Aug-2013
The ABCs of Common Law Wrongful Termination Claims in the Washington Metropolitan Region, American University Labor & Employment Law Forum, Jul-2013
Supervisors Are Not Immune from Liability When Discharging Workers, HR Management, Jul-2013
Federal Employees, It’s OK To Blow Your Whistle, Law 360, Jul-2013
Those irresistible coworkers, LA Daily Journal, Jul-2013
5 Rewards — and Drawbacks — of Being a Whistleblower., Corporate Compliance Insights, Jul-2013
5 New Rights for Employees in Same-Sex Marriages, Law 360, Jun-2013
The False Claims Act Poses Additional Risks To Medical Device Makers, Pharmaceutical Compliance Monitor, Jun-2013
Accommodations for Returning Veterans Suffering from PTSD: A Guide for Employers, Westlaw Journal Employment, Jan-2013
ADEA Claims in the Wake of Gross v. FBL Financial Services, Inc., Corporate Counsel, Jan-2013
2012 Opens The Door For More Whistleblower Participation, Law 360, Jan-2013
Whistleblower Attorneys: Recent SEC Settlement with Pipeline Inc. May Encourage Dark Pool Trading Suits, Oregon Legal Journal, Dec-2012
Rewarding Whistleblowers for Disclosing Tax Violations to the IRS, The CPA Journal, Dec-2012
Finding Ways to Protect IRS Whistleblowers, Law 360, Nov-2012
Plaintiff’s Counsel Answers FAQ’s on Election Talk in the Workplace, Employment Law Daily, Nov-2012
Smooth Transitions for Servicemembers: USERRA Protections, Law 360, Nov-2012
Political Discrimination in the Workplace, , Oct-2012
A Primer on Employment Discrimination, Washington Blade, Sep-2012
Understanding the Ethics of Whistleblowing is Key to Effective Internal Reporting, Labor Law Reports: Insight, Jul-2012
Health Care Law Expands False Claims Act Liability Under Anti-Kickback Statute, Westlaw Journal Health Care Fraud, May-2012
More Protection for Whistleblowers, Sarbanes-Oxley Compliance Journal , Apr-2012
New Laws Expand Workers’ Rights, The Washington Post, Apr-2012
Recent Developments in Qui Tam Litigation – The Rocket Docket News, The Newsletter of the Northern Virginia Chapter of the Federal Bar Association, Mar-2012
The Supreme Court Finds Religion, A Look at Hosanna-Tabor, , Mar-2012
More Protection for Whistleblowers, Sarbanes-Oxley Compliance Journal, Feb-2012
Employers’ Common Mistakes That Encourage Employees to Seek Legal Advice, The Employment Law Group, P.C., Nov-2011
Introduction to the Federal Security Clearance Process, Westlaw Journal on Government Contract, Oct-2011
Blowing the Whistle, California Lawyer, Oct-2011
DC’s Amended Whistleblower Protection Act: The Gold Standard for Public Sector Whistleblower Protection, BNA Daily Labor Report, Sep-2011
The SEC’s New Rules for the Dodd-Frank Whistle-blower Program, Westlaw Journal on Employment, Volume 26, Issue 3, Sep-2011
Drafting and Negotiating Executive Employment Agreement, BNA Pension & Benefits Daily, Sep-2011
Representing Whistleblowers Under the False Claims Act, National Employment Lawyers Association's Annual Convention, Jul-2011
Whistleblowers: What Protections And Forms of Relief Are Available For Foreign-Based Employees, ABA Section Of International Law, Mar-2011
Use of Early Focus Groups In Employment Cases, The Employee Advocate, Feb-2011
Whistleblower Protection In New Food Safety Bill, Law 360, Dec-2010
Court of Appeals Clarifies the Scope of Protected Conduct Under Maryland Health Care Worker Whistleblower Protection Act, Provides Insight into Maryland Public Policy, Maryland State Bar Association Fall Newsletter, Dec-2010
Discovery Strategies and Challenges in Family and Medical Leave Cases, National Employment Lawyers Association Fall Convention, Oct-2010
New Tools to Combat Whistleblower Retaliation, Taxpayers Against Fraud Education Fund Quarterly Review, Vol. 57, Oct-2010
Litigating Claims Under the Uniformed Services Employment and Reemployment Rights Act, The Employee Advocate, Oct-2010
Whistleblower Provisions Of The Dodd-Frank Act, Law 360, Jul-2010
Whistleblower Protections in the Finance Reform Bill, Law 360, May-2010
Whistleblower Protections Under Health Care Bill, Law 360, Apr-2010
Put Your Case On A Budget With Early Focus Groups, Put Your Case On A Budget With Early Focus Groups, Jan-2010
Federal Whistleblower Protections for Transportation Employees, The Employee Advocate , Sep-2009
SOX: A Robust Remedy For Whistleblowers, Law360, Aug-2009
Representing Whistleblowers in Adler Wrongful Discharge Actions, Maryland Bar Journal, Jul-2009
Questions and Answers About the Qui Tam Provision of the False Claims Act, The Practical Lawyer , Jun-2009
Strategies for Defending Against Non-Compete Litigation, Virginia State Bar’s Litigation News, Jun-2009
DOL ARB Decision Reinvigorates Sarbanes-Oxley Whistleblower Protection, 7 Workplace L. Rep. (BNA) No. 475, Apr-2009
Blowing the Whistle on Tax Fraud Reaps Rewards, SmartPros Ethics and Compliance Insights, Mar-2009
Stimulus Fund Safeguards for Whistleblowers, Law360, Feb-2009
New Protections for Consumer Safety Whistleblowers, American Bar Association Labor and Employment Law Newsletter, Vol. 37, No. 1, Oct-2008
Win for Whistleblowers, National Law Journal, Sep-2008
Sarbanes-Oxley Act Whistleblower Retaliation Provision, Avvo, Sep-2008
The Umpires Strike Back, Legal Times, Jun-2008
Protecting the Whistleblower, Corporate Responsibility Officer, Feb-2008
Media Mentions
Court says therapy service can’t arbitrate whistleblower case, , Jan-1970
“False Claims Act Today” CLE attracts heavy hitters in law, , Jan-1970
Bass Pro to pay $10.5 million to settle hiring discrimination claims, , Jan-1970
SEC Dealt Major Blow With Justices’ Disgorgement Decision, , Jan-1970
Raytheon Faces Retaliation Suit Over NOAA Subcontract, , Jan-1970
Contractor Whistle-Blower Reprisal Claims Set to Rise, , Jan-1970
Politics in the Workplace, , Oct-2016
Jury smacks ManTech with $2.1M in damages for firing whistleblowers, , Jan-1970
Have a divided post-election workplace? Here’s how to handle it., Washington Business Journal, Nov-2016
How to make an election-free zone, Washington Business Journal, Sep-2016
Lesbian trooper sues Md. police over bias complaint, Washington Blade, Sep-2016
Free Speech on Political Views in the Workplace: Maybe, Maybe Not, IT Business Edge, Sep-2016
Sexual Harassment in the Workplace, The Daily Drum - WHUR 96.3 FM, Aug-2016
Justices Offer Clarity For Constructive Discharge Timeline, Law360, May-2016
High Court Nixes ‘Last Discriminatory Act’ Ruling, Bloomberg BNA, May-2016
Downside of Noncompetes: Higher Damages, Corporate Counsel, May-2016
Attorney Predictions Lead Toward Supreme Court Tie in FCA Battle, Bloomberg BNA, Apr-2016
Justices Search for Limits of False Claims Act Liability, Bloomberg BNA, Apr-2016
Time to Update Marijuana Policies, Attorney Says, Bloomberg BNA, Mar-2016
Can you fire an employee for using pot? Finally, some clarity on the issue, Washington Business Journal, Mar-2016
Lawsuits filed under potentially lucrative California, Illinois insurer fraud laws may increase, Modern Healthcare, Feb-2016
CLE Sneak Peek: Changing Currents in Employment Law 2015, District of Columbia Bar, Sep-2015
The Morning Risk Report: Multi-Pronged Employment Crackdown Underway, The Wall Street Journal's Risk and Compliance Report Blog, Aug-2015
Top 15 High Court Employment Rulings Of The Past 15 Years, Law360, Jul-2015
Beyond tweets and logos: why the Supreme Court decision on gay rights was a business victory, The Guardian, Jul-2015
What Same-Sex Marriage Ruling Could Mean for Small Business, OPEN Forum, Jun-2015
Excelitas Stuck In $13M FCA Suit Over Switches For Military, Law360, Jun-2015
Supreme Court favors Muslim woman in Abercrombie discrimination suit, Westlaw Journal Employment, Jun-2015
Federal fraud trial begins against Armet Armored Vehicles, Danville Register & Bee, Jun-2015
The Morning Risk Report: Supreme Court’s Catch-22 for Employers, The Wall Street Journal's Risk & Compliance Journal, Jun-2015
Supreme Court: Applicant’s religious practice, confirmed or otherwise, can’t be factor in employment decisions, Employment Law Daily , Jun-2015
Whistleblower reforms turn tide against employers, Business Insurance, May-2015
Marijuana Legalization 2015: As States Become More Pot-Friendly, Feds Warn Employees Not To Light Up, International Business Times, May-2015
Employment Law Daily Wrap Up, TOP STORY—U.S.: Wartime statute doesn’t suspend limitations period for qui tam suits; dismissed actions don’t count under FCA’s first-to-file bar, Employment Law Daily, May-2015
Supreme Court says EEOC conciliation process is subject to judicial review, Thomson Reuters' The Knowledge Effect Blog, May-2015
Experts weigh in on Mach Mining: EEOC conciliation efforts subject to only minimal review, toothless remedy, Employment Law Daily, May-2015
EEOC Must Try To Resolve Complaints Before Suing, Supreme Court Says, Forbes.com, Apr-2015
Legal Experts Weigh in on Supreme Court’s EEOC Ruling, The Wall Street Journal's Law Blog, Apr-2015
Supreme Court hears argument in Muslim woman’s discrimination suit against Abercrombie, Westlaw Journal Employment , Mar-2015
Public notice, comment unnecessary for rule interpretation changes, Supreme Court says, , Mar-2015
Ex-Lockheed Employee Wins Verdict In National Original Suit, Law360, Mar-2015
Legal pot? Not for federal workers, The Hill, Mar-2015
Even if It’s Legal in D.C., No Pot Allowed for Federal Employees, The Blaze, Mar-2015
DOL Wins Rule-Making Battle, But Deference Rift Lingers, Law360, Mar-2015
Denuncia por discriminación podría cambiar el rumbo de la ley laboral, Diario Las Americas , Feb-2015
Supreme Court to Weigh Employer’s Responsibility in Avoiding Discrimination, U.S. News & World Report, Feb-2015
5 Questions Weighing On Whistleblower Lawyers In 2015, Law360, Jan-2015
GOP, Obama Could Team Up on Whistleblower Protections, Wall Street Journal, Nov-2014
National Breast Cancer Awareness Month, MomsRising.org, Ciao Bella Magazine, Bicultural Mama, Generation X Blog, and Moms Who Blog., Oct-2014
Balancing Public Health and Workers’ Rights, WUSA CBS 9, Oct-2014
CLE Sneak Peak: Changing Currents in Employment Law 2014, DC Bar Voices Blog, Oct-2014
Better than a pink ribbon: Laws protect breast cancer patients from losing jobs, benefits, The Washington Post 'She The People', Oct-2014
Putting our health care workers at risk, WUSA CBS 9, Oct-2014
Do’s And Don’ts For Lucrative SEC Whistleblower Tips, Law360, Sep-2014
DOL Take On SOX Getting Fed. Court Deference, Lawyers Say, Law360, Aug-2014
Hiring Process Just Got Dicier: For Firms, Applicants, Any Talk of Employer’s Religious Beliefs Is Legal Minefield, The Wall Street Journal Live, Jul-2014
How Hobby Lobby Decision Will Affect Job Recruiting, The Wall Street Journal Live, Jul-2014
Supreme Court backs Hobby Lobby’s religious objection to contraception use, Employee Benefit News, Jun-2014
High Court Rules Public Workers Can Testify, Government Executive, Jun-2014
High Court Ruling To Chill Public Worker Retaliation, Law360, Jun-2014
2nd Circ. May Create Split On Dodd-Frank Whistleblower Shield, Law360, Jun-2014
Pundits question whether McAllister can win re-election after video showing kiss with staffer, The Times-Picayune (New Orleans), Apr-2014
Supreme Court broadens whistle-blower status, mutual fund firms on alert, InvestmentNews, Mar-2014
Supreme Court Expands Whistleblower Protections, Accounting Today, Mar-2014
S. Ct.: SOX whistleblower provision extends to public company’s private contractors, Employment Law Daily, Mar-2014
High Court Ruling To Spur Rise In SOX Whistleblower Cases, Law360, Mar-2014
Both Sides Claim Victory in 5th Circuit SOX Row, Law360, Feb-2014
EEOC Sues Less, but Tactics Draw Flak, Wall Street Journal, Feb-2014
Whistleblower Ruling May Make Workers Clam Up, Law360, Jan-2014
Employment Cases to Watch in 2014, Law360, Jan-2014
Oral Arguments Heard in Supreme Court Whistleblower Case, The Wall Street Journal's Risk & Compliance Journal, Nov-2013
Attorney: Supreme Court Leaning Toward Maintaining Fed Whistleblower Rights, Government Executive, Nov-2013
A Supreme Court Question: Who Gets Whistleblower Protections, The Wall Street Journal's At Work Blog, Nov-2013
High Court SOX Case To Put Labor Department In Spotlight, Law360, Nov-2013
Employers Win Again On Scope of US Whistleblower Law, Law360, Oct-2013
Bigger payouts seen for U.S. financial market whistleblowers, Reuters, Oct-2013
Snowden the whistleblower? Not exactly, Federal Times, Jun-2013
Montgomery County jury awards Glen Burnie woman $650K in suit against her Germantown employer, The Gazette, Sep-2011
Speaking Engagements
Changing Currents in Employment Law 2017: Recent Trends and Developments, DC Bar , Oct-2017
The National Employment Lawyers Association’s Trial Boot Camp, National Employment Lawyers Association , Oct-2017
Conscientious Objectors: What Employees Can — and Can’t — Refuse to Do on Religious Grounds, Bloomberg BNA , Oct-2017
Non-Compete Agreement Litigation Strategies, Strafford Webinars , Aug-2017
November 2016 Jury Verdict in Cody v. ManTech International, MWELA, Jul-2017
Qui Tam Section: The False Claims Act Today, Federal Bar Association , Oct-2017
Qui Tam Section: The False Claims Act Today, Federal Bar Association , May-2017
Qui Tam Section: The False Claims Act Today, Federal Bar Association , Sep-2017
Best Practices for Transgender Employees, Bloomberg BNA, Mar-2017
Qui Tam Section: The False Claims Act Today, Federal Bar Association, Feb-2017
MWELA Trial Boot Camp – Members Only, Metropolitan Washington Employment Lawyers Association (MWELA), Apr-2017
Changing Currents in Employment Law 2016: Recent Trends and Developments, DC Bar, Oct-2016
FCA Procedural Pitfalls and Defenses, Federal Bar Association, Oct-2016
TAFEF Panel on FCA Relator Anonymity, Taxpayers Against Fraud Education Fund, Sep-2016
Advanced Employment Law, National Business Institute, Aug-2016
Political Election Issues in the Workplace: What Legal Counsel (Government Attorneys, Too!) Need to Know Regarding the Hatch Act and Potential Employment Claims, American Bar Association, Jul-2016
Impact of Marijuana Legalization in the Workplace, DC Bar, May-2016
The Hiring Process: Forms and Checklists to Help You and Your Client, DC Bar, Apr-2016
Buzz Kill: When Can Employers Terminate Employees Who Legally Use Marijuana?, Society for Human Resource Management, Mar-2016
Smoked Out: Navigating the Haze Created by Marijuana Legalization, Bloomberg BNA, Jan-2016
Changing Currents in Employment Law 2015: Recent Trends and Developments, District of Columbia Bar, Oct-2015
Staring Down the Barrel of a Qui Tam Trial: The Relator’s Claims Survived Your Pre-Trial Motions. Now What?, Financial Research Associates, Nov-2015
The Post-Investigation’s Three C’s: Costs, Concerns, and Cooperation if Penalized, Financial Research Associates, Nov-2015
Hot Topics in Employment Law CLE, Metropolitan Washington Employment Lawyers Association, Nov-2015
The Intersection of FMLA and ADA, Wyoming Trial Lawyers Association, Mar-2016
The National Employment Lawyers Association’s Trial Boot Camp, National Employment Lawyers Association, Oct-2015
Theory of the Case & Opening Statement, The Bar Association of Montgomery County, Maryland, Sep-2015
Playing With A Full Deck, Or Playing Your Strongest Hand?, , Jun-2015
Hot Wage and Hour Issues with an ERISA Twist, , Mar-2015
Whistleblowing in Compliance: What Happens When a Whistleblower Works in Compliance?, Society for Corporate Compliance and Ethics, Apr-2015
Non-Compete Agreement Litigation Strategies, Strafford Webinars, May-2015
How to Handle Whistleblower Claims, Federal Bar Association, Dec-2014
From Causation to Coverage: The Effects of Burrage and Lawson on Whistleblower Claims in 2014 and Beyond, The District of Columbia Bar, Oct-2014
Qui Tam and SOX Whistleblowers in the Federal Courts, Federal Bar Association, Sep-2014
How to Handle Internal Whistleblower Claims Without Making Things Worse, Society of Corporate Compliance and Ethics, May-2014
The Hiring Process: Forms and Checklists to Help You and Your Client, DC Bar, Apr-2014
Trial Techniques in the 21st Century, Metropolitan Washington Employment Lawyers Association, Apr-2014
Non-Compete Agreement Litigation Strategies, Strafford Publications, Inc., Mar-2014
The Nuts and Bolts of the Department of Labor’s Whistleblower Adjudication Process, The Metropolitan Washington Employment Lawyers Association, Nov-2013
The Employee Protections in National Defense Authorization Act – An Alternative to Whistleblower Protection of the False Claims Act, Taxpayers Against Fraud Education Fund, Oct-2013
Federal Sequestration’s Effects on Contractors, Employees, Government and Unions, Federal Bar Association, DC Chapter, Oct-2013
Shining The Light On Whistleblower & Retaliation Claims – Using The Whistleblower Protection Enhancement Act To Your Advantage, National Employment Lawyers Association (NELA), Oct-2013
Changing Currents in Employment Law 2013: Recent Trends and Developments, The District of Columbia Bar, Oct-2013
The Substantial Jury Verdict and the Appeal in the Edgewood Management Corporation v. Donna Jackson Case, Metropolitan Washington Employment Lawyers Association (MWELA), Sep-2013
Drafting and Negotiating Employment Agreements, The District of Columbia Bar, Jun-2013
The Contractor Whistleblower Provisions in the National Defense Authorization Act of 2013 – A Boon for U.S. Government Contractor Whistleblowers?, The Metropolitan Washington Employment Lawyers Association, May-2013
Employer/Employee Relationships, Washington Metro Association of Corporate Counsel, May-2013
Current Developments and Procedures at the SEC, CFTC, and IRS Whistleblower Offices, , May-2013
Whistleblowing: Bradley Birkenfeld’s $104 Million Award & Other Developments, OffshoreAlert, May-2013
Hot Topics in Whistleblower Qui Tam Litigation Under The False Claims Act, Federal Bar Association, Maryland Chapter, May-2013
Whistleblower Issues, Defense Industry Offset Association, May-2013
Blowing the Top Off Whistleblower Investigations, American Bar Association, Mar-2013
Investigator Training Program, Boards of Directors of the International Association of Official Human Rights Agencies (IAOHRA) and the National Association of Human Rights Workers (NAHRW), Mar-2013
Effective Trial Presentations, Metropolitan Washington Employment Lawyers Association’s (MWELA), Feb-2013
Whistleblower Protections for Human Resources Professionals, Professionals in Human Resources Association (PIHRA), Jan-2013
The Dynamics of Employment Litigation in Federal Court: A View from the Bench and the Bar, The Bar Association of Montgomery County, Maryland, Jan-2013
Maximizing Damages At Trial: Practice Pointers From Successful Trial Attorneys, National Employment Lawyers Association (NELA), Dec-2012
The Role of HR and Whistleblower Protections, PIHRA, Nov-2012
Blowing the Whistle in 2012: Hot topics in Qui Tam Litigation, Federal Bar Association, District of Columbia Chapter, Nov-2012
Changing Currents in Employment Law, DCBAR Continuing Legal Education, Oct-2012
Served as Faculty Chair, DCBAR Continuing Legal Education, Oct-2012
Age Discrimination in Employment, International Association of Official Human Rights Agencies (IAOHRA), Aug-2012
Drafting and Negotiating Executive Employment Agreements, DCBAR Continuing Legal Education, Jun-2012
Recent Developments in Securities and Exchange Commission (SEC), Consumer Financial Protection Bureau (CFPB), Commodity Futures Trading Commission (CFTC), and Internal Revenue Service (IRS) Whistleblower Rules: Opportunities and Risks, DCBAR Continuing Legal Education, Apr-2012
Blowing the Whistle in 2012: New Developments in Qui Tam Litigation, Federal Bar Association, Northern Virginia Chapter, Mar-2012
Qui Tam Cases – How do You Handle Them, The American Association for Justice, Jul-2011
Representing Whistleblowers Under the False Claims Act, National Employment Lawyers Association (NELA), Jul-2011
Gaps in Age Discrimination Protections under Federal and Virginia Employment Law, Alexandria Human Rights Commission, Jun-2011
Overview of the Purpose and Intent of FLSA and OSHA, American University Washington College of Law, Apr-2011
The Opening Statement at Trial, Setting the Stage, National Employment Lawyers Association (NELA), Mar-2011
Impact Of Economy On Older Workers, U.S. Equal Employment Opportunity, Nov-2010
Damages In Employment Actions, DCBAR Continuing Legal Education, Oct-2010
Discovery Strategies and Challenges in Leave & Disability Cases, National Employment Lawyers Association (NELA), Oct-2010
Discovery Strategies and Challenges in Leave and Disability Cases, National Employment Lawyers Association (NELA), Jul-2010
Use of Focus Groups Without Breaking the Bank, National Employment Lawyers Association (NELA), Jun-2010
Fundamentals of Employment Law: Establishing the Employment Relationship, DCBAR Continuing Legal Education, Jun-2010
Pregnancy and Parenthood: Advising Employers and Employees on Their Rights and Responsibilities, DCBAR Continuing Legal Education, May-2010
Anti-Retaliation Provision of the False Claims Act, §3730(h), Maryland Trial Lawyers Association, Apr-2010
Qui Tam Cases, Maryland Association for Justice, Apr-2010
Recent Amendments to Federal Whistleblower Statutes, The Bar Association of Montgomery County, Maryland, Apr-2010
Effectively Using Structured Settlements in Executive Compensation, Whistleblower Claims, and Other Employment Disputes, Metropolitan Washington Employment Lawyers Association (MWELA), Jan-2010
Fundamentals of Employment Law Series, DCBAR Continuing Legal Education, Oct-2010
Changing Currents in Employment Law: Recent Developments Update, DCBAR Continuing Legal Education, Jun-2009
The Use of Technology at Trial – Using Technology to Demonstrate Expertise, Better Service Clients, and Attract New Business, DCBAR Continuing Legal Education, May-2009
Litigating Under the Uniformed Services Employment and Reemployment Rights Act, DCBAR Continuing Legal Education, Apr-2009
Identifying Hidden Bias: Pleading and Proving Unlawful Gender Stereotyping, Metropolitan Washington Employment Lawyers Association (MWELA), Mar-2009
Litigating Successfully under the Equal Pay Act: Lessons Learned from Murtagh-Cooke v. NTSB, Metropolitan Employment Lawyers Association CLE, Jan-2009
Severance Agreements, Executive Compensation, and Employment Contract Litigation, DCBAR, Jan-2009
Maryland Whistleblower Laws, The Bar Association of Montgomery County, Maryland, Nov-2008
Knowing Your Legal Rights, Lockheed Martin, Sep-2008
Punitive Damages – How to Get Them and Keep Them, Metropolitan Washington Employment Lawyers Association (MWELA), Apr-2008
The Nuts and Bolts of Litigating Disability Discrimination Cases, DCBAR Continuing Legal Education, May-2008
Understanding the Uniformed Services Employment and Reemployment Rights Act,, DCBAR Continuing Legal Education, May-2005
Representative Cases
Firm News
Court Says Victory for TELG Client Is Only Reasonable Outcome in Military Bias Case
Judge: TELG Client’s Whistleblowing Claims Can Go to Trial
At Supreme Court, Religious Bias Is The Only UnAmerican Fashion
MomsRising.com and HitchedMag.com pick up Family and Medical Leave Act piece giving tips to employees for how to take medical leave
TELG Launches New SEC Whistleblower Information Center
U.S. News & Best Lawyers Name TELG to Top Tier of DC Law Firms
What Workers Can Expect After the 2014 Election
TELG Whistleblower Client Wins Settlement in Sleep Clinic Fraud Case
TELG’s Oswald to Speak at DC Bar ‘Changing Currents’ Event
For Third Year in Row, ‘Best Lawyers’ Honors Two TELG Principals
Super Lawyers Names Six TELG Attorneys to its 2014 List
Tom Harrington: Former TELG Law Clerk Is Now a Principal of Firm
U.S. News & Best Lawyers Name TELG to 2014 List of “Best Law Firms”
R. Scott Oswald Discusses Retaliation at Annual TAF Conference
R. Scott Oswald Is Panelist at NELA Whistleblower Seminar
R. Scott Oswald Leads Seminar on Employment Law
Lawyer Monthly Names TELG as Employment “Law Firm of the Year”
‘Best Lawyers’ Honors Two TELG Principals in 2014 List
Press Roundup: CCTV America Interviews TELG Principals About Edward Snowden
Press Roundup: Top Media Outlets Quote TELG’s Attorneys on NSA Leaker, IRS Scandal, Win for Firm’s Client
Law360 Quotes R. Scott Oswald on Corporate Whistleblower Policies
Super Lawyers Honors All Four TELG Principals for 2013
Reuters Quotes R. Scott Oswald in Report on IRS Whistleblower Hearing
Law360 Quotes R. Scott Oswald on Landmark Opinion in Wiest Case
TELG Managing Principal R. Scott Oswald Forecasts Strong Role for Whistleblowers in CFTC Oversight of Cross-Border Swaps
Employment Attorney R. Scott Oswald Participates in Conference on Dynamics of Employment Litigation in Federal Court
Scott Oswald Publishes on IRS Whistleblower Rewards in The CPA Journal
Bloomberg Interviews TELG Managing Principal R. Scott Oswald on Age Discrimination Litigation in the Wake of Gross
Law360 Publishes Guest Column on USERRA Rights by TELG Principal Attorneys Adam Augustine Carter and R. Scott Oswald
Employment Attorney R. Scott Oswald Speaks on Maximizing Damages at Trial at MELA Conference
Press Releases
Three Attorneys from The Employment Law Group® Law Firm Are Honored in Best Lawyers in America
Medicare Fraud Whistleblower Represented by The Employment Law Group® Law Firm Wins $34.7 Million Settlement in Case Against 21st Century Oncology
The Employment Law Group® Law Firm Helps Whistleblower Win $2.2 Million Settlement In Medicare Fraud Case Against Arizona Hospice Operator
The Employment Law Group® Law Firm Helps Former Marine to Win $830,000 Award in Retaliation Case Against Defense Giant Lockheed Martin
The Employment Law Group® Law Firm Helps Philadelphia-Area Whistleblower Win $3.6 Million Victory in Fraud Case Against Military Contractor
Once Again, Super Lawyers Honors All Principals of The Employment Law Group® Law Firm as Top-Rated Lawyers
Maryland Appeals Court Restores $650,000 Jury Verdict for Employment Law Group Law Firm Client
DOL Issues Landmark Decision in Favor of SOX Whistleblower in TELG Case
Jury Awards $1 Million for Sexual Harassment Against Atlantic Automotive
Testimonials
Client: Donnelle Moten
"He was very thorough and his understanding of my situation made me comfortable with the experience"
Also worked with this client:
Tom Harrington
Client: TELG Client
"A superior level of expertise in a complex area of the law"
Also worked with this client:
Adam Augustine Carter
Client: MB - Corporate executive
"Mr. Oswald is by far one of the best in his class at employment law."
Client: Corporate Executive
"Scott is a very knowledgeable and talented attorney."
Client: KP - Law enforcement Whistleblower
"Exceeded our expectations"
Client: JH - Food and Drug whistleblower.
"I appreciate his hard work and support"
Client: SS- Sox Whistleblower
"Above and beyond my expectations"
Client: Qui Tam Whistleblower
"Unsurpassed"
Client: DM-Federal Government Whistleblower
"His evaluation was 100% correct."
Also worked with this client:
Nicholas Woodfield
Client: AH- Department of Defense Whistleblower
"Very fortunate"
Client: DR - DoD whistleblower
"Scott Oswald, the Managing Partner, is a consummate professional and an outstanding litigation attorney."
Client: D.M. - Federal government whistleblower
"Recommend without hesitation"
Also worked with this client:
Nicholas Woodfield
Related Case:
Huang v. University of Virginia
R. Scott Oswald Managing Principal
Education
Howard University School of Law
JD (1997)
University of Virginia
BA (1990)
Economics
"Exceeded our expectations"
