Major Cases/Areas of practice
The firm is currently representing Bunnatine Greenhouse, the top ranking Army Corps of Engineers contracting officer who opposed no bid contracts awarded to Halliburton for the reconstruction of Iraq. Ms. Greenhouse's exposure of misconduct with no bid contracts paved the way for President Obama's announcement prohibiting the practice.
In a 2008 book, the PBS producers for the respected TV show "NOW" described Greenhouse as someone that "believes that good government requires a certain amount of transparency, and that corruption is best deterred by accountability. Her drive seems to flow from an ethical compass that places public trust over personal comfort." Excerpt from Your America.
There has been extensive media coverage of Ms. Greenhouse's case. Click here to view.
False Claims Act/Qui Tam Cases
The False Claims Act is one of the most effective laws protecting whistleblowers who expose fraud in government contracting. The firm aggressively represents whistleblowers that have exposed fraud in government contracting. The firm's clients have successfully exposed hundreds of millions of dollars in fraud against the United States.
KKC has successfully represented the lead whistleblowers in other lawsuits under the FCA. KKC represented the lead whistleblower in a $515 million False Claims Act recovery against Bristol Myers Squibb for mislabeling of numerous drugs.
Bristol-Myers Squibb to pay $515 million for doctor kickback scheme
KKC successfully represented the whistleblowers in a qui tam case against FEMA contractor Kieger Enterprises. The whistleblowers provided information to the government that Kieger Enterprises had stolen from the World Trade Center Bombing relief efforts along with other disaster related frauds. As a result of the whistleblowers' disclosures, all of the company's executives plead guilty and were sentenced to prison. The whistleblowers obtained recoveries based on the fines levied against Kieger Enterprises.
Department of Homeland Security Press Release
In June, 2005 the Department of Justice intervened in the firm's case against two contractors who sold faulty bullet proof vests to the police department throughout the United States. The whistleblower, Dr. Aaron Westrick worked as a senior manager for one of the largest bullet proof vest companies. Click here to view the Complaint filed by the United States.
To date two weavers identified by Dr. Westrick in his depositions, Barday and Hexcel, have settled with the DOJ.
January 23, 2009: Canadian Company to Pay U.S. More Than $1 Million Related to Sale of Defective Bullet-proof Vests
October 30, 2007:Hexcel Corp. Pays $15 Million to the U.S. in Connection with the Sale of Defective Zylon Bullet-proof Vests
Protections for FBI Whistleblowers
Since 1993, the Firm has represented whistlebowers employed by the Federal Bureau of Investigation exposing breakdowns in numerous programs which directly impact national security and civil liberties. These include breakdowns in the post-9/11 counterintelligence programs and exposure of due process violations harming U.S. Citizens.
In 1997, the Firm won a landmark victory and was responsible for a historic presidential directiv e ordering the U.S. Attorney General to implement regulations protecting FBI whistleblowers. The representation of Dr. Frederic Whitehurst, the FBI scientist who "blew the whistle" on misconduct within the FBI crime lab, resulted in extensive reforms being made.
Whistleblower Protection for Federal Bureau of Investigation Employees-- 28 CFR PART 27
KKC also represented Dr. Whitehurst when he was called as a witness in high profile cases. People v. OJ Simpson, 1993 World Trade Center bombing , U.S. v. McVeigh and U.S. v. Nichols. Click here for more media coverage about Dr. Frederic Whitehurst.
In Youssef v. Mukasey, our attorneys currently represent Bassem Youssef, who as the highest-ranking Arab-American agent in the FBI's Counterterrorism Division experienced discriminatory retaliation after reporting serious mismanagement in the bureau's war on terror.
Media coverage of the Youssef case.
Jane Turner won a five year legal battle against the FBI in which a jury awarded Turner the maximum compensatory damages permitted under Title VII. The total recovery, costs, fees and damages awarded exceeded $1.5 million. The firm also assisted Ms. Turner in raising allegations of theft at the World Trade Center Ground Zero by FBI agents. These allegations led to an investigation by the DOJ Inspector General. The IG Investigation Report found that there had been misconduct by FBI agents and led to new agency regulations preventing the taking of souvenirs from crime scenes.
Turner v. Gonzales, 421 F.3d 688 (8th Cir. 2005)
Ex-agent wins lawsuit against FBI
Click here for more news coverage of the Turner case.
In the case of Sibel Edmonds, KKC represented the FBI translator before the DOJ IG's whose office issued a finding that Ms. Edmonds was a victim of illegal retaliation. KKC also pursued a lawsuit under the Freedom of Information Act on behalf of Ms. Edmonds which resulted in a precedent setting decision releasing documents and awarding costs and fees. Although Ms. Edwards had a strong case, the U.S. Attorney General made the unprecedented move of invoking the states secrets privilege on her retaliation claim which resulted in the case being dismissed.
View the CBS's 60 Minutes profile of Sibel Edmonds.
The firm represented FBI Unit Chief John Roberts. Roberts was retaliated against for speaking on 60 Minutes in defense of FBI translator Sibel Edmonds. The DOJ Inspector General issued an unprecedented report finding Roberts was a victim of retaliation and ordering a FBI manager to be discipline d.
A Review of the FBI's Response to John Roberts' Statements on 60 Minutes
View the CBS's 60 Minutes profile of John Roberts.
KKC has filed innumerable successful Freedom of Information Act requests and
lawsuits on behalf of numerous clients-ranging from network officials and television
stations, to wrongfully discharged whistleblowers. The Firm's FOIA cases have resulted in the public release of hundred of thousands of government documents.
Whitehurst v. FBI, order dated 02-05-97
NACDL v. DOJ, 182 F.3d 981 (D.C. Cir. 1999)
Edmonds v. FBI, order dated 12-03-02
Edmonds v. FBI, 417 F.3d 1319 (D.C.Cir.2005)
Establishing Rights for Corporate Whistleblowers
Since its formation, KKC has represented corporate whistleblowers. In the wake of the corporate scandals that rocked Wall Street in early 2000, the Firm's partners successfully urged Congress to enact protections for corporate whistleblowers.These protections, enacted into law as part of the Sarbanes-Oxley Act, are among the strongest and most effective federal whistleblower laws. The Firm's partners also authored the first book to explain and analyze the impact and implications of this legislation, especially as it pertains to the rights of whistleblowers- those who dare to come forward with evidence of wrongdoing. Whistleblower Law: A Guide to Legal Protections for Corporate Employees
Establishing Rights for Federal Employees
KKC won nation-wide injunctive relief affirming the right of federal employees to blow the whistle on waste, fraud and abuse by their employing agency. See William Sanjour on the Phil Donahue Show
Sanjour v. EPA, 56 F.3d 85 (D.C. Cir. 1995)(en banc)
KKC won a landmark decision upholding the right of federal workers to file a mixed case lawsuit in federal court and not before the MSPB. This victory allows federal employees to obtain federal jurisdiction, remedies and jury trials.
Ikossi v. England, 406 F. Supp. 2d 23. (D.D.C. 2005)
KKC achieved a precedent setting decision on behalf of NIH medical doctor Jonathan Fishbein which established whistleblower protection for all Title 42 employees under the Whistleblower Protection Act.
Govt Doctors Get Whistleblower Protection
KKC won a ruling that federal employees can bypass administrative remedies and seek pre-enforcement injunctive relief under the First Amendment.
Weaver v. United States Information Agency Usia Voa, 87 F3d 1429 (1996)
The first victory finding that Environmental Protection Agency whistleblowers were protected under the Clean Air Act and other environmental statutes was the case of Dr. William Marcus. KKC attorneys successfully represented Dr. Marcus in this landmark case that led to greatly enhanced protections for EPA employees.
Marcus v. EPA, 96-CAA-03,07 (ALJ, 12-15-98)
Marcus v. EPA, 92-TSC-5 (SOL, 2-7-94)
Marcus v. EPA, 92-TSC-5,(ALJ, 12-3-92)
Jenkins v. EPA, 92-CAA-6 (ALJ, 12-14-92)
Public Health and Safety/Environmental Whistleblowers
Beginning in 1984, KKC's founding partners worked with numerous clients, public interest organizations and congressional oversight committees in revolutionizing the protection afforded to environmental and nuclear safety whistleblowers. They successfully represented the first nationally recognized nuclear weapons whistleblowers, abolished "hush money" payment in environmentally sensitive industries and won numerous precedent setting cases expanding whistleblowers legal protections.
The firm successfully defended Marvin Hobby from the hearing phase through the U.S. Court of Appeals for the 11th Circuit against Georgia Power Company's aggressive appeal. Mr. Hobby won the largest damage award ever obtained under the federal environment and nuclear whistleblower laws. The court ordered reinstatement, damages, costs and fees totaling over $5 million.
Hobby v. Georgia Power Co., 90-ERA-30 (SOL, 8-4-95)
Hobby v. Georgia Power Co., 90-ERA-30 (ALJ, 9-17-98)
Hobby v. Georgia Power Co., 90-ERA-30 (ARB, 2-9-01)
Hobby v. Georgia Power Co., 90-ERA-30 (ARB, 4-20-01)
Hobby v. Georgia Power Co., No. 1:01-cv-1407-GET (N.D.Ga. Feb. 15, 2006)
In the case of Allen Mosbaugh , KKC vindicated the right of environmental whistleblowers to tape record conversations where the executives were willfully engaging in safety violations. In this case the NRC levied a Level 1 Safety Violation, the highest available, against the utility. The Firm went on to obtain an order of reinstatement ad full monetary relief for Mr. Mosbaugh.
Mosbaugh v. Georgia Power Co., 91-ERA-1/11 (SOL, 11-20-95)
Since 1996 the Firm has represented Dr. David Lewis in his successful campaign to force the EPA to apply appropriate health and safety standards to land applied sewage sludge. In 2002 the EPA OIG validated many of Dr. Lewis' safety concerns.
Blacklisting
KKC has successfully represented nuclear and environmental whistleblowers who have suffered from retaliatory bad mouthing.
Gaballa v. Atlantic Group, 94-ERA-9 (ALJ, 5-16-95)
Gaballa v. Atlantic Group, 94-ERA-9 (SOL, 1-18-96)
Leveille v. N.Y Air National Guard, 94-TSC-3/4 (SOL, 12-11-95)
Hostile Work Environment
KKC successfully litigated the first nuclear whistleblower hostile work environment case.
Mitchell v. Arizona Public Service, 91-ERA-9 (ALJ, 7-2-92)
The firm won the first Nuclear weapons whistleblower case. The Inspector General issued an order for Roger Wensil to be reinstated to Savannah River Nuclear Weapons Facility finding he had been wrongfully discharged for blowing the whistle on illegal drug use and distribution inside the highly sensitive plant. Click here to view the video Tribute to Roger Wensil.
Nuclear Safety
Rhyne v. Brand Utilities Services, Inc., 94-ERA-33 (ALJ, 5-15-95)
Thomas v. APS, 89-ERA-19 (ALJ, 4-13-89)
Thomas v. APS,89-ERA-19 (SOL, 9-17-93)
Hush Money/Restrictive Settlements
The firm also successfully litigated the first whistleblower hush money cases which resulted in a nation-wide ban on restrictive settlements in nuclear and environmental cases, requiring government approval to ensure the right of employees to blow the whistle on safety issues was not compromised during the settlement process. The firm successfully litigated these hush money cases in the fouth, fifth and ninth circuits.
Carolina Power and Light v. Secretary of Labor, 43 F.3d 912 (4th Cir. 1995)
In Re Texas Utilities Elec. Co., 37 NRC 477 (6-4-93)
(Not available on Internet)
Macktal v. Secretary of Labor, 923 F.2d 1150 (5th Cir. 1991)
Macktal v. Brown & Root, 86-ERA-23 (SOL, 10-13-93)
Macktal v. Brown & Root, 86-ERA-23 (SOL, 7-11-95)
Thompson v. U.S. Department of Labor, 885 F.2d 551 (9th Cir. 1989)
In the case of David Charvet, an Ohio waste water manager, KKC successfully defended his right to blow the whistle on sludge being dumoped into the Ohio River. Mr. Charvet obtaned an order of reinstatement, back pay and compensatory damages award.
Charvet v. Eastern Ohio Regional Wastewater Authority, 96-ERA-37 (ALJ, 7-
2-98)
James J. Bobreski was working as a contractor at the Blue Plains treatment plant in 1999 when he raised concerns about faulty chlorine gas alarms and the storage of over 100 tons of liquid chlorine unlawfully. Bobreski's disclosures led to the removal of the liquid chlorine from the plant.
Judge Rules For Fired Contractor At WASA
KKC defended the right of a city employee to expose fraud to state regulators and won his reinstatement to his former position.
Bertacchi V. City of Columbus, 2003-WPC-00011 (ALJ, 8-26-05)
Nuclear and Environmental Whistleblower Protection Precedent
Khandelwal v. Southern California Edison, 97-ERA-06 (ARB,11-20-00)
Doyle v. Hydro Nuclear Services, 89-ERA-22 (ARB, 9-9-96), reversed
on other grounds.
Doyle v. Hydro Nuclear Services, 89-ERA-22 (ARB, 5-17-00), reversed
on other grounds.
Kansas Gas & Electric Co. V. Brock,780 F.2d 1505 (1985)
Nunn v. Duke Power Co., 1984-ERA-27 (SOL, 7-30-87)
Sanjour v. EPA, 56 F.3d 85 (D.C. Cir. 1995)(en banc)
In the Matter of Arizona Public Service, 36 NRC 338 (1992)
(Not available on Internet)
In the Matter of Georgia Power Company, et al., 37 NRC 105 (1993)
(Not available on Internet)
In the Matter of Georgia Power Company, et al., 39 NRC 105 (1994)
(Not available on Internet)
In the Matter of Georgia Power Company, et al., 41 NRC 404 (1995)
(Not available on Internet)
In Re Texas Utilities Elec. Co., 37 NRC 477 (6-4-93)
(Not available on Internet)
State Employee Environmental Whistleblowers
KKC won reinstatement and backpay for Ohio EPA whistleblower Paul Jayko. Mr. Jayko was terminated by the head of the Ohio EPA when he attempted to investigate the cause o of a cancer cluster plaguing the Marion Ohio Public Schools, that were built on a former Army toxic wast dump site. blew the whistle on fact that public schools were built on top of toxic waste causing the children to suffer a high incidence of cancers. President Bush subsequently nominated the head of the Ohio EPA to oversee the U.S. EPA's enforcement of environmental laws. That nomination was defeated in large part due to the finding by the judge in the Jayko case that the head of Ohio's EPA personally retaliated against Mr. Jayko.
Jayko v. Ohio Environmental Protection Agency, 99-CAA-05 (ALJ, 10-02-00)
State Public Policy Exception
KKC was successful before the Supreme Court of South Carolina pursuing a whistleblower claim under the public policy exception to the employment at will doctrine.
Garner v. Morrison Knudsen Corp., 456 S.E. 907 (S.C. 1995)
(Not available on Internet)
In an historic case Murphy v. IRS, KKC successfully used the 16th Amendment, for the first time in fifty years, to challenge the taxation of compensatory damages paid to a whistleblower for emotional distress. Under strong pressure from the Department of Treasury the decision was reversed based on Article I taxing authority. This case is regularly cited to by commentators as justification for providing tax relief to victims of discrimination.The Supreme Court refused to hear the case. For briefs and media coverage on this issue click here.
First Amendment Protections
KKC partners won a historic First Amendment victory and a nation-wide injuction establishing the rights of all federal employees to blow the whistle on their employing agency. Click here to see William Sanjour on the Phil Donahue Show.
Sanjour v. EPA,56 F.3d 85 (D.C. Cir. 1995)(en banc)
KKC set a national precedent in Avain v. Hulll, establishing for the first time the right of the press to attend depositions in a case of high public interest. (Iran-contra proceeding).
Avirgan v. Hull, 118 F.R.D. 257 (D.D.C. 1987)
(Not available on Internet)
KKC successfully represented White House whistleblower Linda Tripp when the Department of Defense illegally released confidential information from her security clearance file. The DOD Office of Inspector General found the leak of information to be illegal and KKC successfully beat back numerous attempts to have the Tripp case thrown out or improperly narrowed. Click here to view media interviews regarding the Tripp case.
Tripp v. Department of Defense, 99-2554(August 28, 2002)
Tripp v. Department of Defense, 01-157(April 26, 2002)
Tripp v. Executive Office of the President, 99-2554(April 5, 2001)
Public Interest litigation
KKC's attorneys have donated thousands of hours of pro bono legal work advocating the public interest. They have represented public interest organizations and numerous amici curie briefs filed with the U. S. Supreme Court on a wide variety of issues, including cases in which the Supreme Court has protected the rights of whistleblowers under the False Claims Act, protected federal witnesses from retaliation, prevented mandatory
arbitration, and prevented private employers from abusing the federal pre-emption doctorine to undermine state whistleblower laws. The partners of KKC represent whistleblowers on a pro bono basis through the National Whistleblowers Center and the National Whistleblower Legal Defense and Education Fund. They also represent the NWC on a regular basis in testimony before Congress urging strong oversight for whistleblowers and before courts through "friend of court" briefs.
English v. General Electric, 110 S.Ct. 2270 (1990)
Kansas Gas & Electric Co. V. Brock, 780 F.2d 1505 (1985)
(Not available on Internet)
EEOC v. Waffle House, 534 U.S. 279 (2002)
Haddle v. Garrison et al. 525 U.S. 121 (1998)
Vermont Agency Of Natural Resources V. United States Ex Rel. Stevens (98-1828) 529 U.S. 765 (2000)
Beck v. Prup is , 529 U.S. 494 (2000)
In addition to case work, the partners work closely with and provide guidance to Congress in regard to passing new legislation to protect whistleblowers. Since 1988, the Firm has represented numerous clients in Congressional oversight investigations and hearings. In addition, members of the Firm have, pro bono, represented public interest organizations and whistleblowers at policy and legislative hearings.
Sarbanes-Oxley Act of 2003
Senators Want Whistle-Blower Law Enforce, Associated Press, Nov. 14, 2004
Consumer Product Safety Commission Reform Act of 2008
American Recovery and Reinvestment Act of 2009
Federal whistle-blower protection cut from Economic Stimulus, Associated Press, February 13, 2009
CONGRESSIONAL HEARINGS
Hearings before the Senate Committee on Governmental Affairs, "Hearing on S. 1538, the Federal Employee Protection of Disclosures Act" (November 12, 2003) (Testimony on behalf of National Whistleblower Center).
Hearings before the Committee on Science of the House of Representatives, "EPA's Sludge Rule: Closed Minds or Open Debate" (March 22,
2000) (Testimony on behalf of National Whistleblower Center).
Hearings before the Subcommittee on Administrative Oversight and the Courts of the U.S. Senate Judiciary Committee, "Administrative Oversight of the Investigation of TWA Flight 800" (May 10, 1999) (Attorney for witness).
Hearings before the Subcommittee on Administrative Oversight and the Courts of the U.S. Senate Judiciary Committee, "Oversight Hearings on the FBI Crime Lab" (September 29, 1997) (Testimony as attorney for witness).
Hearings before the Subcommittee on Crime of the House of Representatives Judiciary Committee, "Oversight Hearings on the Activities of the Federal Bureau of Investigation (May 13, 1997) (Attorney for witness).
Joint Hearings before the Environment, Energy, and Natural Resources Subcommittee and Legislation and National Security Subcommittee of the House of Representatives Committee on Government Operations, "Elevation of the Environmental Protection Agency to a Cabinet-Level Department (May 6, 1993) (Testimony on behalf of National Whistleblower Center).
Hearings before the Subcommittee on Administrative Law and Governmental Regulations of the House of Representatives Committee on the Judiciary, "Office of Government Ethics Regulation on Private Travel Payments" (March 5, 1992) (Testimony on behalf of National Whistleblower Center).
Hearings before the Subcommittee on Nuclear Regulation of the U.S. Senate Committee on Environment and Public Works, "Secret Settlement Agreements at Nuclear Power Plants" (May 4, 1989) (Representation of witness).