Publications

2013

“Workzone: How far can business go in restricting smokers?” post-gazette.com (March 17, 2013)

“Is Bullying in the Workplace Illegal?” Los Angeles Daily Journal & San Francisco Daily Journal (February 15, 2013).

“Accommodations for Returning Veterans Suffering from PTSD: A Guide for Employers.” Westlaw Employment Journal (January 23, 2013).

“ADEA Claims in the Wake of Gross v. FBL Financial Services, Inc.” Corporate Counsel (January 9, 2013).

“2012 Opens The Door For More Whistleblower Participation.” Law360 (January 3, 2013)

2012

“Rewarding Whistleblowers for Disclosing Tax Violations to the IRS.” The CPA Journal (December 2012)

“Whistleblower Attorneys: Recent SEC Settlement with Pipeline Inc. May encourage Dark Pool Trading Suits.” Oregon Law Journal & Traders Magazine (December 20, 2012)

“Finding Ways to Protect IRS Whistleblowers.” Law360 (November 29, 2012)

“Smooth Transitions for Servicemembers: USERRA Protections.” Law360 (November 21, 2012)

“Plaintiff’s Counsel Answers FAQ’s on Election Talk in the Workplace.” Employment Law Daily (October 24, 2012)

“Political Discrimination in the Workplace.” Oregon Legal Journal (October 18, 2012)

“A Primer on Employment Discrimination.”  Washington Blade (September 5, 2012)

“Understanding the Ethics of Whistleblowing is Key to Effective Internal Reporting.” Labor Law Reports/Insight (July 25, 2012)

“Health Care Law Expands False Claims Act Liability Under Anti-Kickback Statute.” Westlaw Health Care Fraud Journal (May 2012)

“The Eighth Circuit Differentiates Between Political Discrimination and Retaliation.” Bloomberg BNA Daily Labor Report® (May 18, 2012)

“More Protection for Whistleblowers.” Sarbanes-Oxley Compliance Journal (April 25, 2012)

“New Laws Expand Workers’ Rights.”  The Washington Post, (April 8, 2012)

“The Supreme Court Finds Religion, A Look at Hosanna-Tabor.” The Employment Law Strategist (March 2012)

“Recent Developments in Qui Tam Litigation” The Rocket Docket News.” The Newsletter of the Northern Virginia Chapter of the Federal Bar Association (Winter 2012)

2011

"Common Mistakes That Encourage Employees to Seek Legal Advice,” The Corporate Counselor (November 2011).

“Introduction to the Federal Security Clearance Process.” Westlaw Journal on Government Contract (October 2011)

“Blowing the Whistle.” California Lawyer (October 2011).

"DC's Amended Whistleblower Protection Act: The Gold Standard for Public Sector Whistleblower Protection." BNA Daily Labor Report (September 2011).

"Drafting and Negotiating Executive Employment Agreement," BNA Pension & Benefits Daily (September 2011).

"The SEC's new rules for the Dodd-Frank whistle-blower program," Westlaw Journal on Employment, Volume 26, Issue 3 (September 6, 2011).

"Whistleblowers: What Protections And Forms of Relief Are Available For Foreign-Based Employees," ABA Section Of International Law Spring 2011 Meeting (March 2011).

“Use of Early Focus Groups In Employment Cases,” The Employee Advocate (Winter 2011).

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 (December 2010).

"Maryland Workplace Fraud Act and the Misclassification of Construction and Landscaping Employees," Maryland State Bar Association Fall Newsletter (December 2010).

"DMD Extends FLSA’s Prohibition of Retaliation to Mistaken but Good Faith Complaints to a State Agency," Maryland State Bar Association Fall Newsletter (December 2010).

"The Maryland False Health Care Claims Act of 2010," Maryland State Bar Association Fall Newsletter (December 2010).

"Grim Consequences for Spoliation of Evidence," Maryland State Bar Association Fall Newsletter (December 2010).

"Whistleblower Protection In New Food Safety Bill," Law360 (December 2010).

"Litigating Claims Under the Uniformed Services Employment and Reemployment Rights Act," Employee Advocate (Fall 2010).

“New Tools to Combat Whistleblower Retaliation,” Taxpayers Against Fraud Education Fund Quarterly Review, Vol. 57 (October 2010).

"D.C. Whistleblower Protection Act," a chapter in the D.C. Practice Manual (D.C. Bar Publications).

"Whistleblower Provisions Of The Dodd-Frank Act," Law360 (July 20, 2010).

"Whistleblower Protections in the Finance Reform Bill," Law360 (May 27, 2010).

"Congress Enacts Robust Whistleblower Protections To Prevent Fraud In Stimulus Spending," Employee Advocate (May 2010).

"Whistleblower Protections Under Health Care Bill," Law360 (April 12, 2010).

"2010 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002," American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2010).

2009

“Combating Claims of Computer Fraud and Abuse,” 7 Workplace L. Rep. (BNA) No. 1557 (November 20, 2009)

"Federal Whistleblower Protections for Transportation Employees,” The Employee Advocate (Spring/Summer 2009)

"SOX: A Robust Remedy For Whistleblowers," Law360 (August 2009)

“Representing Whistleblowers in Adler Wrongful Discharge Actions,” Maryland Bar Journal (July 2009)

"Questions and Answers About the Qui Tam Provision of the False Claims Act,” The Practical Lawyer (June 2009)

"Strategies for Defending Against Non-Compete Litigation," Virginia State Bar’s Litigation News (June 2009)

“DOL ARB Decision Reinvigorates Sarbanes-Oxley Whistleblower Protection,” 7 Workplace L. Rep. (BNA) No. 475 (April 3, 2009)

“Blowing the Whistle on Tax Fraud Reaps Rewards,” SmartPros Ethics and Compliance Insights (March 2009)

"Stimulus Fund Safeguards for Whistleblowers," Law360
(February 2009)

Contributing Author:"2009 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002," American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2009)

Contributing Author: “The Insider: Legal Ethics in Whistleblower Cases,” Fairfax Bar CLE 2009.

Update to "Wage-Hour Practice," a chapter in theD.C. Practice Manual (D.C. Bar Publications), 2009

2008

"Uniformed Services Employment and Reemployment Rights Act," Avvo (December 2008)

"The Financial Crisis: Whistleblowers Could Have Helped Avert It," Ethics Today (October 2008)

Update to "Employment At Will and Exceptions to Doctrine," a chapter in the D.C. Practice Manual (D.C. Bar Publications), 2008.

"New Protections for Consumer Safety Whistleblowers," American Bar Association Labor and Employment Law Newsletter, Vol. 37, No. 1 (Fall 2008)

"Sarbanes-Oxley Act Whistleblower Retaliation Provision," Avvo (September 2008)

"Tax Fraud Whistleblower Protection," Avvo (September 2008)

"False Claims Act," Avvo (September 2008)

"Wage and Hour Laws, " Avvo (September 2008)

"Win for Whistleblowers," National Law Journal (September 8, 2008)

"The Umpires Strike Back", Legal Times (June 2008)

"D.C. Whistleblower Protection Act," a chapter in the D.C. Practice Manual (D.C. Bar Publications)

"Protecting the Whistleblower," Corporate Responsibility Officer (February 2008)

Contributing Author:  "2008 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002," American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2008)

2007

"Seven Questions For Sarbanes-Oxley Whistleblowers To Ask," The Practical Lawyer (October 2007)

"SOX's Whistleblower Provision–Promise Unfulfilled," Securities Litigation Reporter Vol. 4, Issue 7(July/August 2007)

"Six Steps to Limiting Sarbanes-Oxley Whistleblower Liability," IT Business Edge (January 16, 2007)

Contributing Author:  "2007 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002," American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2007)

2006

"Representing Whistleblowers," The Docket (November 2006)

"Protect the Whistleblower," National Law Journal (June 19, 2006)

Contributing Author:  "2006 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002," American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2006)

2005

"Whistleblower Protections in the Nonprofit Sector," Nonprofit Risk Management Center (September 2005)

Contributing Author:  "2005 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002," American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (January 2005)

"Litigating Whistleblower Cases Before the DOL from the Employee's Lawyer's Perspective," course material for the August 2005 ABA Section of Labor and Employment Law's Annual Meeting and for a December 2004 District of Columbia Bar program titled "Litigating Whistleblower Complaints Before the U.S. Department of Labor.

2004

"Litigating Whistleblower Cases," a chapter in Whistleblowing: The Law of Retaliatory Discharge (BNA Books 2004)

"Complying with Sarbanes-Oxley's Document Destruction Provisions," Association Management (July 2004)

"Whistleblower Protection Programs for Associations," Association Management (June 2004)

"Minimizing the Risk of Whistleblower Retaliation Claims," TransLaw (Spring 2004)

2000

 "The Policy/Operational Dichotomy in Intra-State Tort Liability: An Example of the Ever-Continuing Transformation of the Common Law", 29 Denv. J. Int'l L. & Pol'y 27, 2000

1996

"A Practitioner's Guide to Alabama's Tort of Bad Faith", 57 Ala. Law. 277, 1996