KMB News
June 30, 2008
NPR Reports on Case of Benetta Mansfield and the Office of Special Counsel
NPR's Morning Edition interviews Debra S. Katz talking about systemic
problems with Scott Bloch at the Office of Special Counsel.
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June 27, 2008
Nicole J. Williams Served as a Moderator on Diversity Issues at NELA’s Annual Convention
Nicole J. Williams moderated a panel discussion at NELA’s 2008 Nineteenth Annual Convention.
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June 26, 2008
David J. Marshall Spoke on Whistleblower Issues at NELA’s Annual Convention
David J. Marshall spoke at NELA’s 2008 Nineteenth Annual Convention.
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June 15, 2008
Avi Kumin speaks at the national convention of the ADC
Avi Kumin speaks at the national convention of the American-Arab Anti-Discrimination Committee (ADC).
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June 13, 2008
The College of Labor and Employment Lawyers Has Elected Debra S. Katz a Fellow of the College
We are pleased to announce that the College of Labor and Employment Lawyers has elected KMB Partner Debra S. Katz to be a Fellow of the College.
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June 02, 2008
National Law Journal Quotes Lisa J. Banks Regarding 2008 Supreme Court Employment Law Decisions
The National Law Journal quoted KMB partner Lisa J. Banks regarding two important Supreme Court decisions concerning workplace retaliation.
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May 12, 2008
Debra S. Katz and Avi Kumin appear on NPR's "Morning Edition" and "On Point" to comment on the FBI raid of the U.S. Office of Special Counsel
Debra S. Katz and Avi Kumin appear on NPR's "Morning Edition" and "On Point" to comment on the FBI raid of the U.S. Office of Special Counsel, and the investigation of Special Counsel Scott Bloch on charges of obstruction of justice. Katz, Marshall & Banks represents several employees of the Office of Special Counsel, and filed the whistleblower complaints that led ultimately to the investigation of Mr. Bloch.
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May 07, 2008
Federal Agents Raid Office of Special Counsel
Washington, D.C. - The FBI have raided the home and office of the head the federal agency
in charge of giving protection to whistleblowers.
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May 07, 2008
Federal Court Allows Consumers to Add Gateway to Lawsuit Challenging Computer Sales Scam
Class-Action Lawsuit in California Alleges Computer Giant Gateway, Inc., Aided and Abetted BlueHippo in Taking Millions from Unwitting Consumers
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May 06, 2008
KMB calls on President George W. Bush to fire Office of Special Counsel chief Scott J. Bloch
Debra Katz, a lawyer at Katz, Marshall and Banks sends a letter to President George W. Bush to fire Office of Special Counsel chief Scott J. Bloch.
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May 06, 2008
Gateway at Risk in BlueHippo Class Action
California Consumers Add Gateway as Defendant in Class-action Lawsuit Challenging Computer-Sales Scam
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May 03, 2008
Avi Kumin speaks at the annual symposium of the Hemophilia Federation of America
Avi Kumin speaks on "Navigating Barriers to Employment: Your Workplace Rights" at the annual symposium of the Hemophilia Federation of America, in Little Rock, Arkansas.
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May 01, 2008
Ms. Magazine Publishes Legal Column by Justine Andronici and Debra S. Katz
Ms. Magazine published a legal column by KMB attorneys Justine Andronici and Debra S. Katz concerning a recent employment law decision by the U.S. Supreme Court.
April 25, 2008
New York Law Journal Quotes Debra S. Katz
NYLJ quotes Debra S. Katz regarding the growing use of preemptive law suits by defendants. According to Ms. Katz, "pre-emptive suits never make sense" because they were "clearly retaliatory acts" in the context of harassment and discrimination claims. According to Katz, "They subject the employer to more liability for retaliation" and "such 'thuggish' tactics, aimed at getting someone to back off a claim, usually have the opposite effect, inspiring claimants to fight harder."
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April 24, 2008
Katz, Marshall & Banks, LLP Files Whistleblower Retaliation Law Suit Against ArmorGroup and ArmorGroup North America.
Debra S. Katz, Lisa Banks and Hanan Idilbi along with co-counsel Richard Condit of the Government Accountability Project ("GAP") filed a whistleblower retaliation law suit against ArmorGroup and ArmorGroup North America on behalf of KMB clients James Sauer and Pete Martino. Messrs. Sauer and Martino have alleged that they were terminated in retaliation for their whistleblowing about the fraudulent representations made by Defendants ArmorGroup North America ("AGNA") and ArmorGroup International ("AGI") to the United States Department of State.
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April 24, 2008
Whistleblower retaliation Complaint: James Sauer and Peter Martino against ArmorGroup North America and Armor Group International
April 16, 2008
Debra S. Katz was panel member for national webcast about evidentiary issues in employment law cases.
Debra S. Katz participated as a member of the faculty for ALI-ABI's national webcast entitled Evidence in Employment Cases.
April 11, 2008
Debra S. Katz moderated a panel at 2008 MWELA Annual Conference
Debra S. Katz moderated a panel about the use of media in litigating employment discrimination cases at the 2008 MWELA Annual Conference. Ms. Katz was joined on the panel by Pulitzer Prize winning journalist James Grimaldi, Investigative Reporter with the Washington Post and by Beth Daley, Communications Director from the Project on Government Oversight.
April 04, 2008
NBC Affiliate Interviews Lisa J. Banks About Sexual Harassment Suit Brought Against Howard University Hospital
Lisa J. Banks is interviewed by NBC affiliate WRC TV, channel 4, regarding the $4 million sexual harassment suit KMB filed against the Hospital and its Chief of Emergency Medicine Dr. Geoffrey Mountvarner.
See:
Lawsuit Alleges Howard Doctor Sexually Harassed Employee
April 04, 2008
KMB Attorneys File Sexual Harassment Law Suit Against Howard University Hospital
Lisa J. Banks, Debra S. Katz and Nicole J. Williams filed a sexual harassment law suit against Howard University Hospital and its Chief of Emergency Medicine, Geoffrey Mountvarner, charging that they subjected Evelyn White to a sexually hostile work environment and to retaliation, in violation of the District of Columbia Human Rights Act. According to the Complaint, Dr. Mountvarner routinely subjected Ms. White and other female employees to unwelcome touching, sexual demands, vulgar and sexually explicit remarks, ridicule, intimidation and other abuse, referring, for example, to female physicians and nurses as "hos," "bitches," and other misogynist invectives. The Complaint further alleges that the Hospital retaliated against her by refusing to implement patient care corrective action initiatives that Ms. White pressed be implemented to ensure that the Hospital's Emergency Department met the requisite standard of care; refusing to implement the corrective action measures that were legally mandated following the death of New York Times reporter David E. Rosenbaum; subjecting her to increased scrutiny and unfounded accusations of misconduct; impugning her professional reputation; removing her from her position as Director of Emergency and Trauma Care Services; assigning her to an undesirable position; subjecting witnesses - who corroborated her allegations - to intimidation and harassment; and allowing Dr. Mountvarner to pursue a frivolous complaint of sexual harassment after he was put on notice by HUH that Ms. White had filed a complaint of sexual harassment against him.
See The Washington Post report on this suit:
Nursing Official Files Sexual Harassment SuitThe Washington Post, April 4, 2008
March 31, 2008
The Legal Times Publishes Commentary by Debra S. Katz and Nicole J. Williams about ex-Park Police Chief's Whistleblower Case
The Legal Times publishes commentary about ex-Park Police Chief Teresa Chambers' whistleblower case and recent ruling by the U.S. Circuit Court of Appeals for the Federal Circuit that provided a strong rebuke to the Merit Systems Protection Board. In a rare move, the Federal Circuit sided with a government whistleblower, in a case that is likely to have consequences for workers throughout the federal government who identify risks to the public health and safety.
See:
Halt, In the Name of Public Safety The Legal Times, March 31, 2008
PDF version
March, 2008
Debra S. Katz is Named to List of Top Attorneys in the Washington, D.C., Metro Area
Debra Katz is named by "Super Lawyers" to its list of top lawyers in the Washington, D.C. area, published in the New York Times. The list was compiled through a rigorous peer-review process, followed by an evaluation of the lawyers' expertise, awards, and cases. Only 5% of Washington, D.C. lawyers are included on the list.
March 04, 2008
The Washington Post Reports on Complaint Filed by KMB on Behalf of ATF Whistleblower
KMB attorneys Debra S. Katz and Hanan Idilbi filed a whistleblower retaliation complaint with the Office of Special Counsel on behalf of Edgar Domenech, the former Deputy Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). Mr. Domenech alleged that ATF and the Justice Department retaliated against him for raising concerns about former ATF director Carl J. Truscott's financial mismanagement of the Bureau. Mr. Truscott resigned in August 2006 while under investigation by the Department of Justice for financial mismanagement. In October 2006, the Justice Department's Office of Inspector General issued a report which largely confirmed complaints made by Mr. Domenech and other ATF senior officials about Truscott's wide-ranging pattern of improper expenditures on a new ATF headquarters, personal security, and other items of a personal nature. The Justice Department concluded that among Mr. Truscott's other misdeeds, he improperly forced employees to help his nephew prepare a high school video project and required female employees to serve lunch to guests.
According to the OSC Complaint, which was filed yesterday, Mr. Domenech has been demoted and transferred out of Headquarters, his performance appraisals have been downgraded, he has been denied a bonus and has been excluded from meetings concerning his areas of responsibility, all in violation of the Whistleblower Protection Act. The Complaint further alleges that ATF's acting director, Michael J. Sullivan, took these actions against Mr. Domenech in retaliation for his reports about Mr. Truscott, who headed President Bush's Secret Service detail and had close ties to the White House. According to the Complaint, Mr. Sullivan told him that he was being removed to give others an opportunity to perform in the Deputy Director role, an explanation reminiscent of the now discredited justification provided by the Justice Department when it fired nine U.S. Attorneys in 2006.
See:
ATF Whistle-Blower Alleges Backlash
Edgar A. Domenech: OSC Report of Possible Prohibited Personnel Practices
March 02, 2008
In the United States District Court for the district of Maryland, Northern Division
KMB's David J. Marshall and Gary Peller, along with the Sturdevant Law Firm, persuaded a Federal Court in Baltimore to reconsider and vacate its earlier ruling that would have forced tens of thousands consumers to arbitrate their claims against BlueHippo Funding, LLC, despite the fact that they never signed arbitration agreements with the company. The court's new ruling allows these consumers to proceed in court against a computer sales company that has taken hundreds of dollars each from over 100,000 consumers while providing nothing of value in return.
Download as PDF [9kb]
read more…See also:
Memorandum of Points and Authorities
Memorandum of points and authorities in support of Plaintiffs' opposition to designation as interim counsel, Plantiffs' motion for reconsideration, and other relief requested in the accompanying motions.
Memorandum Opinion
Joan Hill-Rodriguez, Vincent Humphries, Moses Sabb, Pedro Santiuste, Carlton Turner, and Serrenia White, individually and as representatives of similarly situated consumers, sued BlueHippo Funding LLC and Joseph K. Resin, owner of BlueHippo, (Defendants collectively, "BlueHippo") for unfair and deceptive trade practices in violation of the Truth in Lending Act ("TILA"), the Electronic Fund Transfer Act ("EFTA"), the Maryland Consumer Protection Act ("MD CPA"), and the Maryland Retail Installment Sales Act ("RISA").
February 22, 2008
Bloomberg Columnist Quotes Debra S. Katz
Bloomberg Columnist quotes Debra S. Katz in commentary about federal government whistleblower cases.
See:
No One Likes Snitches, Including Judges
February 12, 2008
Debra S. Katz participated as a Panelist for Women's Bar Association Event
Debra S. Katz participated as a panelist for Women's Bar Association Event, "Carving Your Pathway to Success," held at the Women's National Democratic Club.
January, 2008
Lawdragon has named Debra S. Katz on its list of finalists for the "Leading 500 Lawyers in America".
Lawdragon, an online and print legal-services information company, has named Debra S. Katz on its list of "Finalists" for the "The Leading 500 Lawyers in America." This listing is based on nominations by clients, law school deans, judges and other leaders in the legal profession. According to Lawdragon, they list of finalists represents less than 1 percent of the legal profession and are the most elite group of legal professionals compiled.
January, 2008
The American Arbitration Association has named Lisa J. Banks to its National Roster of Impartial Experts
We are pleased to announce that the American Arbitration Association ("AAA") has named Lisa J. Banks to its National Roster of impartial experts, or "neutrals," to hear and resolve cases brought for binding arbitration before AAA. Neutrals, like Ms. Banks, are recognized for their standing and expertise in their fields, and are nominated to the National Roster by leaders in their profession.
January 14, 2008
Debra S. Katz is quoted by the National Law Journal concerning proposed amendments to the Whistleblower Protection Act
Debra S. Katz is quoted by the National Law Journal concerning proposed amendments to the Whistleblower Protection Act. "'There is a feeling in our office that [the Federal Circuit Court of Appeals] is an unwinnable forum,' said employment litigator Debra Katz of Washington's Katz, Banks & Marshall. 'There are many of us who won't even take these cases because there is no real appeal route. I tell clients they have more chance of being struck by lightning than of winning there.'"
See:
Federal Circuit a 'hostile' forum?
December 16, 2007
The Washington Post reports on complaint filed by KMB on behalf of U.S. Coast Guard Deepwater whistleblower
In a complaint filed with the Bush administration by KMB attorneys Debra S. Katz and Ari Wilkenfeld, Katz alleges that the U.S. Coast Guard placed Anthony D'Armiento on administrative leave, threatened him with a criminal investigation, and confronted him at gunpoint in retaliation for disclosing information embarrassing to the Coast Guard's troubled $25 Billion fleet replacement program, known as Deepwater.
See:
Coast Guard Employee Alleges Retaliation
Whistleblower alleges retaliation
December 14, 2007
National Journal quotes Debra S. Katz in connection with FBI Probe of Special Inspector General for Iraq
The National Journal quotes Debra S. Katz in connection with FBI Probe of Special Inspector General for Iraq Reconstruction, Stuart Bowen, concerning his activities in accessing email accounts of employees.
See:
FBI Probes Special IG For Iraq
November 30, 2007
Federal News Radio interviews Avi Kumin about Scott Bloch's investigation
Federal News Radio interviews Avi Kumin about Scott Bloch's investigation by the Office of Personnel Management's Office of Inspector General, and his destruction of computer files.
November 28, 2007
USA Today Reports on letter sent by Debra S. Katz to President George W. Bush
Debra S. Katz sent a strongly worded letter to President George W. Bush today on behalf of a coalition of current and former employees of the United States Office of Special Counsel ("OSC") and whistleblower protection groups, urging President Bush to fire Special Counsel Scott Bloch in the wake of his admission that he directed the deletion of computer files at the Agency. According to today's Wall Street Journal, in the midst of the OPM IG's investigation into his misconduct at OSC, Bloch hired a private computer-help company, Geeks on Call, to delete Agency computer files destroying crucial evidence and making it virtually impossible for forensics experts to restore the data later.
Katz stated, "Today's Wall Street Journal contains a report confirming what my clients and other sources within OSC have been saying since the OPM IG investigation began: that Mr. Bloch and his political henchmen have continuously obstructed the investigators' efforts to get at the truth. ... Tellingly, the article quotes Mr. Bloch as defending himself with a claim that the OPM IG has a 'conflict of interest' in pursuing its investigation of Mr. Bloch while his office supposedly is conducting an investigation of the White House. This claim by Mr. Bloch confirms what we have repeatedly pointed out in correspondence with the White House Counsel, with Clay Johnson, Deputy Director of OMB, and with members of Congress - that Mr. Bloch launched his supposed investigation of the White House to insulate himself from the OPM IG investigation."
See:
Attorney: New claims against special counsel are firing offense
Head of Rove Inquiry in Hot Seat Himself
Rove investigator accused of wiping data from office computer
November 23, 2007
Washingtonian Magazine Ranks Katz, Marshall and Banks Among Washington's Top Lawyers
In its December 2007 edition, Washingtonian magazine names KMB partners Debra S. Katz, David J. Marshall and Lisa J. Banks to its prestigious best lawyers in Washington list. The Washingtonian article, which is based on a poll of lawyers who named the best practitioners in their fields, describes the list as representing "Washington's best - the top 1 percent - in 28 legal specialties." KMB partners Debra S. Katz and Lisa J. Banks are named in the "You're Fired!" section which lists the District's top plaintiffs' employment lawyers, and KMB partner David J. Marshall is named in the "Blowing the Whistle" section which lists D.C.'s top lawyers handling whistleblower cases. "Hang on to the list," the Washingtonian advises its readers. "When you really need a lawyer, you might want one of these."
See:
Big Guns: Washington's Top 800 Lawyers
November 07, 2007
KMB Files Discrimination Complaint Against ExxonMobil Corporation
Debra S. Katz, Avi Kumin, and Hanan Idilbi filed a religion, race, and national origin discrimination complaint against ExxonMobil Corporation in the federal district court in Delaware. The lawsuit alleges that three employees of an Exxon station on the Delaware Turnpike - Sofiene Romdhani, an Arab Muslim originally from Tunisia, and Michelle Maloney and Bobbi Joe Zeller, who had both converted to Islam - suffered persistent racial and religious harassment and discrimination at the hands of Exxon supervisors. The suit alleged that the plaintiffs and other Muslim and Arab employees at the station were subjected to racist graffiti and a steady barrage of anti-Muslim comments by management officials, who vowed to rid the station of all Muslims employees. The suit further alleged that Exxon's headquarters ignored repeated complaints of discrimination from Muslim employees at the station and failed to perform a timely investigation. Ultimately, the suit alleged, two of the three plaintiffs were forced to resign because they could not tolerate the harassment and abuse, while the third was suddenly terminated on the same day she complained about managers viewing pornography in the workplace. The Wilmington civil rights firm of Martin & Wilson serves as local counsel in the case.
See:
Discrimination Complaint Against ExxonMobil Corporation, dated November 5, 2007
Muslim former employees at I-95 service station sue Exxon
November 02, 2007
Avi Kumin trains attorneys in disability and medical, family and leave law
Avi Kumin was a speaker at the employment law training for pro bono attorneys held by the D.C. Bar Association and the D.C. Employment Justice Center. Mr. Kumin trained attorneys about the Americans with Disabilities Act and the Family and Medical Leave Act.
November 1-2, 2007
KMB Files Nuclear Whistleblower Complaint Against Southern Nuclear Company
Debra S. Katz, David J. Marshall and Nicole Williams filed a whistleblower retaliation complaint with the U.S. Department of Labor on behalf of Michael Smith, a nuclear engineer at the Joseph M. Farley Nuclear Plant. Smith's complaint, filed with the United States Department of Labor, alleges that Southern has retaliated against him for reporting nuclear safety issues at the Farley plant, in violation of Section 211 of the Energy Reorganization Act, the federal law which protects nuclear whistleblowers.
Smith alleges that within days of reporting safety concerns and acts of retaliation by Farley management to the Nuclear Regulatory Commission ("NRC"), and within hours of submitting Condition Reports documenting deficiencies in the plant's safety culture, Farley's management falsely accused him of being a "danger to nuclear safety," for submitted the reports very early in the morning and before reporting to the Plant. After berating him for submitting these reports, Farley management had him escorted from the plant, took his badge, and made him submit to a fitness for duty exam. Smith alleges that Farley management then suspended Smith for five weeks, citing his supposed danger to nuclear safety, and have took actions to set him up for termination. Smith alleges that Farley management took this action after learning that he had met with the NRC to report that Farley was unconcerned about maintaining a safety conscious work environment, and that he and other nuclear engineers felt harassed and intimidated for reporting nuclear safety concerns.
See:
Whistle-blower says he's victim of retaliation
Farley nuclear planted cited for safety problems
October 29, 2007
The Legal Times publishes Avi Kumin's commentary on a Supreme Court discrimination case
The Legal Times publishes Avi Kumin's commentary on a Supreme Court discrimination case recently accepted for review by the Supreme Court. Mr. Kumin writes that effective enforcement of laws prohibiting racial discrimination will depend upon the Court upholding the right to bring retaliation claims under federal statute Section 1981 of the Civil Rights Act.
See:
Taking Aim at Section 1981?
October 12, 2007
The Washington Post reports on letter sent by Debra S. Katz to Fred Fielding, White House Counsel
The Washington Post quoted from Ms. Katz's letter to Mr. Fielding concerning Special Counsel Scott Bloch's obstruction of the investigation of the OPM IG into allegations of prohibited personnel practices and other serious violations of federal law by Bloch, including retaliation against employees who disputed his policies.
See:
That Whistle's Been Blowing for Two Years
Letter to Fred Fielding dated October 9, 2007
Letter sent by GAP, POGO and PEER dated October 10, 2007
October 10, 2007
Letter sent by Debra Katz to Fred Fielding
Congressional Daily reports on letter sent by Debra S. Katz to Fred Fielding, White House Counsel.
See news article:
Watchdog Groups Oppose More Money for Special Counsel
See:
Letter to Fred Fielding dated October 9, 2007
October 07, 2007
The New York Post quotes Debra S. Katz
The New York Post quotes Debra S. Katz about the impact the Isiah Thomas verdict will have for other sexual harassment litigants.
See news article:
Experts: Harassment Cases Will Spur More Complaints
October 02, 2007
Maura Dundon has joined Katz, Marshall & Banks, LLP
We are pleased to announce that Maura Dundon has joined the firm as an Associate. Ms. Dundon is a 2005 graduate of Columbia Law School, where she was a Kent Scholar and was on the Columbia Law Review. After graduation, she completed a year-long fellowship with Public Citizen's Alan Morrison Supreme Court Assistance Project, where she participated in merits- and cert-stage Supreme Court briefing. She then clerked for Judge Anita Brody in the United States District Court for the Eastern District of Pennsylvania. Ms. Dundon completed legal internships at the Brennan Center for Justice in New York City, the New Mexico Environmental Law Center in Santa Fe, and Debevoise & Plimpton, LLP, in New York City.
September 2007
Hanan Idilbi has joined Katz, Marshall & Banks, LLP
We are pleased to announce that Hanan Idilbi has joined Katz, Marshall & Banks, LLP as an Associate. Ms. Idilbi previously served as a Litigation Fellow at the firm. Ms. Idilbi received her Bachelor of Arts in English from Duke University in 2001. In 2007, Ms. Idilbi graduated summa cum laude from American University Washington College of Law where she was a Public Interest/Public Service Scholar. Ms. Idilbi served as a staff member on the American University Law Review and was inducted into the WCL chapter of the Order of the Coif.
September 26, 2007
Debra Katz was selected as one of the nation's top employment lawyers and civil rights lawyers
The Washington Post Magazine published the results of the Washington DC Area's Best Lawyers excerpted from the 2008 edition of The Best Lawyers in America, the preeminent guide to the legal profession in the United States. Debra S. Katz was selected as one of the nation's top employment lawyers and civil rights lawyers. Published for a quarter of a century, Best Lawyers lists attorneys who have been chosen through an exhaustive survey in which thousands of the nation's top lawyers confidentially evaluate their peers.
September 24, 2007
The National Law Journal quotes Debra S. Katz concerning two employment discrimination cases before the U.S. Supreme Court during the 2007-2008 term.
September 18, 2007
KMB sponsors National Breast Cancer Coalition's Second Annual Strike Breast Cancer Bowling Challenge.
September 13, 2007
BlueHippo Loses Appeal on Arbitration Clause
The Fourth Circuit Court of Appeals in Richmond has dismissed an appeal by BlueHippo in a class-actions lawsuit challenging the company's business practices. BlueHippo's appeal had sought to force all customers nationwide to pursue their claims through individual arbitration proceedings, even if they had never signed arbitration agreements. KMB's David J. Marshall, who represents BlueHippo customers along with Professor Gary Peller of Georgetown University Law School, said the Fourth Circuit's dismissal of the BlueHippo's appeal clears the way for consumers to pursue their claims in court. "We plan to rejuvenate our case in California and put BlueHippo out of business," Marshall said.
See news articles:
Retailer Loses Federal Appeal, Baltimore Sun
Federal Court Strikes BlueHippo's Arbitration Clause, Consumer Affairs
September 07, 2007
KMB Files Nuclear Whistleblower Lawsuit in Alabama
David J. Marshall and Daniel B. Edelman, along with Frank B. Potts, Jr., of Potts & Young Attorneys LLP in Florence, Alabama, filed a lawsuit in U.S. District Court for the Northern District of Alabama on behalf of James Speegle, a construction foreman who was fired for blowing the whistle on nuclear safety violations at the Browns Ferry Nuclear Plant near Athens, Alabama. Stone & Webster Construction Co., a TVA contractor, fired Speegle in May 2004, two days after he met with the Nuclear Regulatory Commission about serious safety problems with the protective coatings used in the plant's cooling system, and immediately following a heated exchange with management about these issues. In a press release issued today, KMB attorney David J. Marshall expressed confidence that Speegle will win his case in federal court. "The people who work in and live near Browns Ferry rely on the workers there to blow the whistle on safety violations," Marshall said, "and I'm confident that they want to see James Speegle vindicated for doing the right thing."
See:
Complaint for Compensatory Damages and Injunctive and Declaratory Relief
Whistleblower sues over firing by TVA contractor at Browns Ferry
Plant Fired Worker Who Raised Safety Concerns: Suit, The Employment Law 360 (September 7, 2007)
Tuscumbia man files lawsuit against nuclear plant
September 01, 2007
Blowing the Whistle on Accounting Fraud: The Sarbanes-Oxley Whistleblower Protections at a Glance
CFO Magazine's online edition, CFO.com, publishes a white paper by KMB attorneys David J. Marshall and Nicole J. Williams on the employee-protection provisions of the Sarbanes-Oxley act, which protect employees of publicly traded companies who blow the whistle on accounting fraud and other wrongdoing. This white paper provides finance professionals with some of the information they need to know before blowing the whistle on such unlawful practices.
See:
Blowing the Whistle on Accounting Fraud: The Sarbanes-Oxley Whistleblower Protections at a Glance, CFO Magazine, A White Paper for Finance Professionals
August 06, 2007
Complainants against Scott Bloch, OSC Special Counsel
Debra S. Katz, counsel for current and former employees of the Office of Special Counsel who have filed a complaint against Scott Bloch, OSC Special Counsel, is quoted by The New York Times in its profile of Special Counsel Scott Bloch. According to Katz, Bloch "came into this agency, dismantled it and made it completely inhospitable for conscientious employees to do their work."
See:
Investigative Drama: Special Counsel's Crusade
August 01, 2007
The Top 10 Plaintiffs' Attorneys to Fear the Most
Human Resource Executive magazine names Debra S. Katz on its list of "The Top 10 Plaintiffs' Attorneys to Fear the Most." In its August cover story, entitled "Meet the Enemy," HRE profiles ten of the "most highly regarded and successful employment-law plaintiffs' attorneys" and notes that "to know them is to avoid them."
See:
Feared Employment-Law Plaintiffs' Attorneys
August 01, 2007
The Legacy of "Ledbetter"
The National Law Journal publishes an article by Lisa J. Banks and Debra S. Katz analyzing the U.S. Supreme Court's recent 5-4 decision, Ledbetter v. Goodyear Tire and Rubber Co., Inc. and other employment-related Supreme Court cases of the 2006-2007 term. As Ms. Banks and Ms. Katz note in the article, the Supreme Court radically narrowed Title VII protections against pay discrimination in Ledbetter, which previously generally held that each new paycheck that is polluted by discrimination constituted a separate discriminatory employment practice, thus signaling a reversal of decades of progress on legal rights for women and minorities in the workplace. Justice Ginsburg, declaring from the bench that "this Court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination," called on Congress to step in and correct the Court's ill-considered decision. KMB attorneys will certainly join those efforts to seek passage of the "Ledbetter Fair Pay Act."
Banks and Katz also note that the Court's failure to reach the merits on another closely watched case of the term, EEOC v. BCI Coca-Cola Bottling Co. of Los Angeles, left both employees and employers short of the victory that each sought on the issue of employer liability for so called "cat's paw" actions.
See:
The Legacy of "Ledbetter", The National Law Journal (August 1, 2007)
July 23, 2007
Court Gives OK to Unequal Pay
Ms. Magazine publishes article by Justine Andronici criticizing the U.S. Supreme Court's recent 5-4 decision, Ledbetter v. Goodyear Tire and Rubber Co., Inc. Pursuant to this ruling employees must file a charge with the EEOC within 180 days of receiving their initial pay check, or otherwise lose the ability to bring a claim for pay discrimination later. As Ms. Andronici notes in the article, the Supreme Court radically narrowed Title VII protections against pay discrimination, which generally held that new paycheck that is polluted by discrimination constituted a separate discriminatory employment practice, thus signaling a reversal of decades of progress on legal rights for women and minorities in the workplace. Justice Ginsburg, declaring from the bench that "this Court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination," called on Congress to step in and correct the Court's ill-considered decision. KMB attorneys will certainly join those efforts to seek passage of the "Ledbetter Fair Pay Act."
See also:
Court Gives OK to Unequal Pay, Ms. Magazine (Summer 2007)
July 18, 2007
Caregiver Discrimination
KMB attorney Justine Andronici is quoted by the Chronicle of Philanthropy in a report on "family-responsibilities discrimination" or "caregiver discrimination" on the part of non-profit employers. According to Andronici, such discrimination is not uncommon even when prohibited in an organization's employment manual. Family-responsibilities discrimination has attracted enough attention recently to prompt the EEOC to issue a comprehensive Enforcement Guidance on the topic, as well as on related issues of gender-role stereotyping of women.
July 17, 2007
Settlement Announced in Capitol Tunnel Workers Case
KMB and the Government Accountability Project announce a settlement in the workers' whistleblower retaliation case filed by ten U.S. Capitol Tunnel Shop workers against the Architect of the Capitol. The out-of-court settlement resolves the complaint that the workers filed with the Congressional Office of Compliance in October 2006, charged the Architect with harassing and threatening them after they alerted Congress in March 2006 to the life-threatening levels of asbestos and other hazards they faced while working in the utility tunnels that run beneath Capitol Hill.
See also:read more…
Capitol Steamfitters Settle Case
Capitol Tunnel Workers Settle Whistleblower Complaints
July 13, 2007
Political Battles Expected to Overshadow OSC Reauthorization
Debra S. Katz, counsel for current and former employees of the Office of Special Counsel who have filed a complaint against Scott Bloch, OSC Special Counsel, is quoted by the Federal Times in connection with the OSC reauthorization hearings. According to Katz, "We believe that it is obvious that Mr. Bloch launched this wide-ranging inquiry in an attempt to deflect attention from his own serious misconduct and obstruct the investigation that is being conducted by the OPM IG." The article references an April 2007 written by Katz to White House Counsel Fred Fielding asking Bloch to recuse himself from the Hatch Act probe of Karl Rove and other White House personnel. According to Katz, "the Hatch Act investigation will allow Bloch to label an adverse finding in the OPM investigation as retaliation." She also notes that if Bloch's investigation of the White House "is still under way when OPM completes its own investigation of Mr. Bloch ... the White House will be put in the position of having to make a decision about Mr. Bloch's future while it is itself being investigated by [him]."
July 06, 2007
Cell-Phone Woes
U.S. News & World Report quotes KMB attorney David J. Marshall in an article on cellular phone companies' growing practice of requiring customer to extend their contracts as a condition of upgrading their plans.
July 03, 2007
Troubled Waters At the Salon Spa
KMB attorneys Debra S. Katz, Ari Wilkenfeld and Justine Andronici prosecute sexual harassment suit filed against Andre Chreky and his Salon. The Washington Post featured a Style Section article about the lawsuit noting that "Two Ex-Employees Present a Very Different Image of Andre Chreky. For a decade, Andre Chreky's boutique has been atop the particular trade that is the high-end hair salon industry in the nation's capital."
June 14, 2007
A Brief Overview of Whistleblower Litigation Before the U.S. Department of Labor
David J. Marshall was a speaker at the West Virginia Association for Justice's annual convention in Charleston, West Virginia. Mr. Marshall spoke on the topic, "Whistleblowers: Can a Whistleblower Get Justice? Can Her Lawyer Get Paid?"
Download as PDF [46kb]
May 24, 2007
Conducting Bullet-proof Internal HR Investigations
Debra S. Katz was a speaker at the D.C. Bar's Labor and Employment Law Section seminar "Conducting Bullet-proof Internal HR Investigations".
May 21, 2007
The Poverty Business
Business Week magazine interviews KMB client Vincent Humphries for its cover story on "The Poverty Business: Inside U.S. Companies' Audacious Drive to Extract More Profits from the Nation's Working Poor." Humphries is a named plaintiff in KMB's class-action lawsuits against computer sales company BlueHippo Funding, LLC. In the article, which focuses on BlueHippo as one of several profiled companies that prey on low-income consumers, Humphries describes how BlueHippo "strong-armed" him our of $124 and refused to allow him to cancel his contract. Business Week also quotes a spokesman for Gateway, Inc., which KMB and The Sturdevant Law Firm seek to add as a defendant in their class action against BlueHippo, as admitting that the computer giant was "aware of [BlueHippo's] business model from the get-go," but maintained a relationship with the company because it wanted to "make a profit."
See:
Proposed Amended Complaint
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May 21, 2007
Proposed Amended Complaint
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May 14, 2007
Debra S. Katz speaks at a Whistleblower Protection Seminar
Debra S. Katz spoke at the D.C. Whistleblower Week -- Whistleblower Law & Protections seminar in Washington, D.C.
May 11, 2007
BlueHippo Agrees to Settlement
KMB's David J. Marshall tells the Baltimore Sun that a settlement between the Maryland Attorney General and computer sales company BlueHippo Funding will have little effect on the class-action lawsuit that KMB and The Sturdevant Law Firm are prosecuting against the company in Federal Court in California. Marshall points out that the company continues to take hundreds of dollars each from thousands of consumers nationwide without delivering the merchandise the customers ordered.
May 10 and 11, 2007
The 40th Annual Pacific Coast Labor and Employment Law Conference
Debra S. Katz was a speaker at the 40th Annual Pacific Coast Labor and Employment Law Conference in Seattle, Washington. Ms. Katz spoke about the law of retaliation.
May 10, 2007
On Your Side: Blue Hippo
ABC-7 TV News's consumer reporter Ross McLaughlin features evidence submitted by KMB attorneys David J. Marshall and Gary Peller in class-action lawsuit against BlueHippo Funding in a "Seven on Your Side" story on the computer sales company. In a comprehensive report that probing BlueHippo Funding's unfair and deceptive business practices, McLaughlin relies on data analyzed and filed by KMB in the class actions that KMB and The Sturdevant Law firm filed against the company in Federal Courts in California and Maryland. "We got our hands on some of BlueHippo's own data," McLaughlin reports, "... and discovered, of computers ordered, only 34 percent were shipped."
May 10, 2007
Architect to Fix Health Hazards of Tunnels in Capitol
The Washington Post and a local ABC News affiliate report on a settlement between the Congressional Office of Compliance and the Architect of the Capitol, which requires the Architect to fix safety problems in the asbestos-laden utility tunnels staffed by KMB clients John Thayer and nine other tunnel workers. KMB attorneys David J. Marshall, Debra S. Katz and Nicole J. Williams represent the ten workers in a retaliation complaint against the Architect.
See:
Capitol Architect Agrees to Fix Asbestos Problem
May 3-5, 2007
ALI-ABA's conference
Litigating Employment Discrimination and Employment-Related Claims and Defenses
in Federal and State Courts
Debra S. Katz served as a co-chair of ALI-ABA's conference "Litigating Employment Discrimination and Employment-Related Claims and Defenses in Federal and State Courts," which took place in Boston, Massachusetts.
Ms. Katz and Lisa J. Banks served as members of the faculty. Ms. Katz lectured on Harassment in the Workplace; Whistleblowing, Sarbanes-Oxley, and Retaliation Claims; and "Practical and Tactical Employment Litigation Issues". Ms. Banks lectured about "Race, National Origin, and Religion: Recent Developments". Ms. Banks also lectured on "Practical and Tactical Employment Litigation Issues".
May 01, 2007
A Bush Appointee Goes After the White House
Debra S. Katz is quoted by the Los Angeles Times in an article entitled "Bush Appointee Goes After the White House." Katz represents former Office of Special Counsel employees in a federal lawsuit alleging that Special Counsel Scott Bloch, a Bush appointee, used his office to stifle dissent by pushing out long-term employees and hiring political allies.
April 17, 2007
Don't Whistle While You Work
Debra Katz is quoted by Mother Jones magazine in its article "Don't Whistle While You Work: The War on Whistleblowers." The article focuses on the poor enforcement of whistleblower laws by Scott Bloch, the head of the Office of Special Counsel, the federal agency charged with whistleblower protection. KMB represents a group of former OSC employees who allege that Mr. Bloch retaliated against them after they engaged in protected speech and associations.
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April 12-13, 2007
Employment Law & Litigation Institute 2007
Debra S. Katz served as a member of the faculty at Georgetown University Law Center CLE's Employment Law & Litigation Institute 2007.
April 10, 2007
Capitol Tunnel Workers Have Lung Disease
NBC Nightly News airs news story about U.S. Capitol Tunnel Workers, who are represented by KMB's David J. Marshall and Nicole J. Williams, and by the Government Accountability Project, in complaint against the Architect of the Capitol over asbestos exposure and retaliation. Investigative Reporter Lisa Myers and Producer Rich Gardella report that AOC management waited nine years after learning of asbestos to require tunnel workers to wear respirators. Marshall calls AOC's conduct "absolutely shocking."
See News Stories:
At Murray's Urging, Architect of the Capitol Pulls Out All Workers from Asbestos Infested Tunnels
In response to demand from Senator Patty Murray (D-WA), the Architect of the Capitol removes the U.S. Capitol tunnel crew from asbestos-infested utility tunnels. Sen. Murray's Press Release announcing this development contains links to tunnel crew supervisor John Thayer's testimony at a Senate hearing on Murray's bill to ban asbestos from use in U.S. industry. In later comments to the press, Thayer and Marshall express concern that the Architect of the Capitol take this opportunity to retaliate further against the workers by assigning them to undesirable jobs.Disgraceful
The saga of the Capitol "tunnel rats" is beginning to resemble the plight of mine workers in 19th century America or laborers in Siberia or the backwaters of the Third World - in short, a disgrace to modern America, especially Congress.Workers Transferred From Hill Tunnels
Ten workers who spent years, even decades, working in asbestos-laden utility tunnels under the Capitol complex were reassigned yesterday because of concerns for their health.Amid Asbestos Concerns, AoC Pulls Workers from Tunnels
In the wake of congressional pressure and revelations of intensifying asbestos-related health problems, the Architect of the Capitol (AoC) announced yesterday that some Capitol Power Plant tunnel workers who have been exposed to asbestos are being reassigned to other duties.
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April 10, 2007
At Murray's Urging, Architect of the Capitol Pulls Out All Workers from Asbestos Infested Tunnels
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April 10, 2007
Amid Asbestos Concerns, AoC Pulls Workers from Tunnels
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April 10, 2007
Disgraceful
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April 09, 2007
Debra Katz is quoted by National Law Journal
Debra Katz is quoted by the National Law Journal in an article about an employment case to be considered by the Supreme Court, regarding a biased subordinate's influence over an employer's personnel decision.
April 05, 2007
The Right to Complain
Debra Katz and Justine Andronici publish an article in Ms. Magazine regarding the changing terrain of employee retaliation claims.
Download as PDF [83kb]
March 16-17, 2007
The Spring Seminar
David J. Marshall served as a member of the faculty at the National Employment Lawyers Association 2007 Spring seminar, "Representing Workers in Whistleblower & Retaliation Actions" in Chicago, Illinois. Mr. Marshall spoke on a panel that addressed ethics issues that commonly arise in the representation of whistleblowers.
March 02, 2007
Memorandum of Points and Authorities
Memorandum of Points and Authorities in Support of Plaintiffs' Opposition to
Designation as Interim Counsel, Plantiffs' Motion for Reconsideration, and Other
Relief Requested in the Accompanying Motions
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March 02, 2007
Memorandum Opinion
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March, 2007
Debra S. Katz is Named to List of Top Attorneys in the Washington, D.C., Metro Area
Debra Katz is named by "Super Lawyers" to its list of top lawyers in the Washington, D.C. area, published in the New York Times. The list was compiled through a rigorous peer-review process, followed by an evaluation of the lawyers' expertise, awards, and cases. Only 5% of Washington, D.C. lawyers are included on the list.
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February 23, 2007
Gross Mismanagement at the Disaster Assistance Program of the U.S. Small Business Administration
KMB's Debra S. Katz and Avi L. Kumin sent a letter to Senators Kerry, Snowe, Landrieu, and Stevens, and Reps. Vel