Stephen M. Kohn
Stephen M. Kohn is one of the nation’s leading advocates for corporate and government whistleblowers, specializing in Qui Tam/False Claims Act, Dodd-Frank Act SEC whistleblower claims, IRS whistleblower claims and whistleblower retaliation litigation. His record of winning whistleblower cases, at trial and on appeal, dates back to 1984. Many of his court victories have become landmark precedents in modern workplace law, establishing the employee’s right to free speech under the First Amendment. A respected scholar as well as a litigator, he has testified in Congress on behalf of whistleblowers and worked with the Senate Judiciary staff to draft corporate whistleblower protections under the Sarbanes-Oxley Act. He is the author of the first legal treatise on whistleblowing and is the world’s most published author on whistleblower protection.
Mr. Kohn’s major contributions to whistleblower law and protections include:
- Obtaining the largest reward ever granted an individual under U.S. whistleblower reward laws and first major award granted under the IRS rewards program ($104 million dollars).
- Successfully represented first nationally recognized FBI whistleblower, causing President Clinton to order the Attorney General to establish whistleblower protections for all FBI employees.
Argued case establishing nationwide precedent under the First Amendment recognizing the right of federal employees to publicly blow the whistle on their employing agencies.
Chief attorney in nationally precedential cases establishing strict rules prohibiting settlement agreements restricting the right of employees to report safety violations to government regulators.
Represented whistleblowers in numerous qui tam federal contracting or whistleblower reward cases resulting in billions of dollars in recoveries for the United States.
Obtained first-ever ruling restricting the right of federal agencies to monitor the emails of their employees (i.e. the White House and the U.S. Office of Special Counsel directive to all federal agencies prohibiting interception or monitoring of whistleblower disclosures made to the Office of Inspectors General).
Recommended language to strengthen whistleblower protections for corporate employees incorporated into the Dodd-Frank and Sarbanes Oxley Acts. Presented key proposals directly to all five SEC Commissioners that were ultimately incorporated into the final whistleblower-reward rules approved by the Securities and Exchange Commission.
Successfully advocated for key reforms protecting federal employees incorporated into the Whistleblower Protection Enhancement Act.
Represented top FBI laboratory official who “blew the whistle” on forensic misconduct within the FBI crime lab. Disclosures resulted in numerous reforms, including the accreditation of the FBI crime lab, the re-opening and/or review of thousands of criminal cases tainted by fraudulent laboratory procedures and the release of persons improperly convicted of crimes.
- Represented top-ranking FBI Unit Chief in proceedings before the U.S. Department of Justice Office of Inspector General documenting systemic violations of the Patriot Act’s National Security Letter provisions.
Mr. Kohn has represented several clients involved with high-profile cases, including the World Trade Center bombing cases, the Oklahoma City bombing case, the O.J. Simpson murder trial, and Linda Tripp in her successful lawsuit against the federal government for illegally releasing her work record. Mr. Kohn is co-founder and serves as Executive Director of the National Whistleblower Center and a Trustee of the National Whistleblower Legal Defense & Education Fund. When Northeastern University awarded Mr. Kohn the prestigious Daynard Public Interest Fellowship, they described him as a “social justice path-breaker” and “distinguished practitioner of public interest law” who serves as a role model “demonstrating how legal skills can be used effectively and creatively to make the world a better place.” He is currently a part-time lecturer at Northeastern University School of Law. From 1984 to 1988, Mr. Kohn served as Adjunct Professor and Clinical Director of the groundbreaking whistleblower rights clinic at the Antioch School of Law, and Director of Corporate Litigation at the Government Accountability Project. While still a law student, Mr. Kohn served as a judicial intern to the Honorable A. Leon Higginbotham, Jr., Circuit Judge, U.S. Court of Appeals for the Third Circuit.
- U.S. Supreme Court
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of Columbia and other Federal District Courts
- J.D. Northeastern University School of Law (1984)
- M.A. Brown University (1981)
- B.S. Boston University, magna cum laude (1979)
- America’s Elite Employment Trial Lawyers Finalist National Law Journal 2015
- White Collar Crime Trailblazer, National Law Journal 2015
- “Elite Trial Lawyers” Designation, National Law Journal 2014
- 100 Most Influential in Business Ethics, Ethisphere Magazine 2014
- America’s Most Honored Professionals, American Registry
- A-V Preeminent, Martindale-Hubbell®
- Top Attorneys, Washington Post Magazine
- Top Attorneys, American Registry
- Top Attorneys, DC Magazine
- Top Attorneys, Washington DC Super Lawyers
- Super Lawyer® Designation
- Washington’s Top Lawyers, Washingtonian Magazine
- National Law Journal, “Hot List” of Plaintiff’s Law Firms
- Friend of the IEEE Award
- Daynard Public Interest Fellowship, Northeastern University School of Law (2007)
- The Bar Register of Preeminent Lawyers, Martindale-Hubbell
- Fellow, National Endowment for the Humanities (1981)
- Who’s Who in American Law
- Who’s Who in America
- Who’s Who in the World
- Judge’s comment in court ruling: Rhyne v. Brand (Judge’s order approving attorney fees in settlement)(“displayed a high level of competence, expertise and diligence”)(1994).
- Judge’s comment in court ruling: Babel v. Federal Way Water and Sewer District(Judge’s order approving attorney fees in settlement) (“well known in the legal community to be of vast experience in ‘whistleblower’ matters”) (1994).
- Hobby v. Georgia Power Company (judge’s order granting attorney fee application)( “among the most experienced and skilled attorneys practicing in the specialty of whistleblower litigation.”) (2001).
- Capital Gains, Bloomberg-TV (Aug. 11, 2013) (featuring KKC as leading whistleblower firm)
- New York Times, Editorial, “Helping Whistleblowers Survive,” May 1, 1999 (Describing the Kohn firm’s representation of an FBI whistleblower as “first class”).
- Washington Post, “Stephen Kohn Wins Another Whistleblower Case,” Paul Farhi (September 11, 2012).
- Jessica Centers, Super Lawyer Magazine, “Protecting the Insider,” (April 2009) (“Stephen Kohn: Shaping the Law”).
- Patrick Kennedy, “Teaching Crooked Contractors a Lesson,” SED Magazine(Boston University, 2010).
- Robert Pack, “Whistleblowers and the Law,” The Washington Lawyer (June 2001).t.
Successful Legal Advocacy
- Avirgan v. Hull, 118 F.R.D. 252 and 118 F.R.D. 257 (D.D.C. 1987). Represented the Village Voicein establishing the national precedent for allowing journalists to attend pretrial depositions in cases impacting on the public interest over the objection of the deponent.
- In re Bradley Birkenfeld (2013). Represented most important tax whistleblower in U.S. history. Obtained largest reward ever granted an individual whistleblower under U.S. law ($104 million dollar award for Mr. Birkenfeld).
- Carolina Power and Light Co. v. U.S. Dept. of Labor, 43 F.3d 912 (4th Cir. 1995)(argued). Precedent setting litigation upholding Department of Labor’s authority to prohibit “hush money” settlement agreements under the Atomic Energy Act.
- Convertino v. Department of Justice, (D.C. Cir. 2012)(argued). Reversal of summary judgment ruling on high-profile Privacy Act case concerning former top U.S. prosecutor. (Oral Argument available here).
- Doyle v. Hydro Nuclear, 1989-Energy Reorganization Act Case No. 22 (U.S. Secretary of Labor) (2000) (1996), reversed on other grounds. Precedent establishing the scope of damages for successor employers under the nuclear whistleblower laws; precedent establishing damages for temporary radiation removal technicians.
- Day v. Dept. of Homeland Security, (MSPB June 26, 2013). Co-counsel for public interest group in Amicus Curiae brief successfully arguing that certain provisions of Whistleblower Protection Enhancement Act were clarification of existing law justifying application to pending cases.
- Edmonds v. FBI, 417 F.3d 1319 (D.C. Cir. 2005). Successful representation of FBI translator in proceedings before the Office of Inspector General and under the Freedom of Information Act. Lead counsel in D.C. Circuit appeal holding that an order expediting FOIA request satisfies prevailing party standard for award of attorney’s fees.
- English v. General Electric Co., 110 S. Ct. 2270, 2277 (1990). Represented Amicus Curiae in U.S. Supreme Court case rejecting the federal preemption doctrine in state public policy discharge cases.
- Equal Employment Opportunity Commission v. Waffle House, 534 U.S. 279, 122 S.Ct. 724 (2001). Co-counsel for public interest group as Amicus Curiae in case concerning impact of an arbitration agreement on EEOC’s authority to seek relief for victims of discrimination.
- Fishbein v. Department of Health and Human Services, 2006 MSPB 96 (April 21, 2006). National precedent holding that federal employees hired under “Title 42” (i.e. highly skilled professionals hired outside of the merit system process) were protected under the Whistleblower Protection Act.
- Garner v. M-K Ferguson Corp., 456 S.E.2d 907 (S.C. 1995). Served as co-counsel in the first state Supreme Court case to obtain the right to a jury trial under state employment law for a whistleblower at a nuclear weapons plant.
- In the Matter of Georgia Power Company, 37 NRC 96 (1993). Established standard for NRC licensing proceedings related to the character and competence of nuclear managers.
- Greenhouse v. Army Corps of Engineers. Successful representation of top army contracting officer who exposed illegal no-bid contracts awarded to Halliburton for the War in Iraq.
- Haddle v. Garrison, 525 U.S. 121 (1998). Lead attorney for public interest Amicus Curiae in case establishing employee-witness protection under 42 U.S.C. § 1985(2).
- Hobby v. Georgia Power Co., Case No. 90-ERA-30 (U.S. Dept. of Labor), No. 01-10916 (11th Cir. 2002) (argued). Co-counsel in judicial and administrative litigation over a ten-year period establishing numerous precedents in Labor Department corporate whistleblower cases regarding liability and damages available to high ranking corporate officers. Having obtained over $5,000,000 in total damages, this case continues to represent the largest financial victory by any nuclear/environmental whistleblower.
- Ikossi v. Department of the Navy, 516 F.3d 1037 (D.C. Cir. 2008). Co-Counsel in case establishing precedent under the “mixed case” doctrine, carving out an exception for federal employees to file claims in federal court. (Oral Argument available here).
- Jenkins v. EPA, 1992-Clean Air Act (CAA) Case No. 3 (U.S. Secretary of Labor). Established precedent that a retaliatory reassignment constituted adverse action. Prevailed in merits hearing.
- Kansas Gas & Electric v. Brock, 780 F.2d 1505 (10th Cir. 1985) Represented public interestamicus curiae in precedent setting case developing the law protecting internal corporate whistleblowers.
- Khandelwal v. Southern California Edison, 1997-ERA-6 (Department of Labor). Precedent requiring Administrative Law Judges to permit whistleblowers to fully present their cases with competent counsel.
- Kobus v. FBI, OARM-WB No. 06-3. Lead Counsel in a successful case before the Office of Attorney Recruitment and Management on behalf of an FBI employee who reported wrongdoing as part of his ordinary oversight role at the FBI and was retaliated against.Whistleblower’s profile.
- Macktal v. Secretary of Labor, 923 F.2d 1150 (5th Cir. 1991). Established national precedent prohibiting restrictions in private contracts that prohibited an employee’s right to report safety violations to the U.S. government; established precedent that the Secretary of Labor could not lawfully alter material terms of a settlement agreement entered into between two private parties.
- Manion v. Nitelines, et al. (E.D. North Carolina)(2013). First case to find that private sector independent contractors were protected as “employees” under the Defense Department Whistleblower Protection Act.
- Marcus v. EPA, 92-Toxic Substances Control Act Case No. 5 (U.S. Secretary of Labor). Obtained first-ever ruling establishing coverage of federal EPA employees under the employee protection provisions of the Clean Air Act and Safe Drinking Water Act. Obtained reinstatement, back pay and compensatory damage awards for wrongfully fired Senior Science Advisor. Lead trial and appellate counsel.
- Mitchell v. Arizona Public Service Co., Case No. 91-ERA-9 (U.S. Dept. of Labor). First ever decision applying “hostile work environment” doctrine in nuclear whistleblower case. Prevailed in merits hearing and obtained compensatory damage award.
- Mosbaugh v. Georgia Power Co., 91-ERA-1 (ALJ Oct. 30, 1992) (co-counsel at hearing and on appeals). Established key precedent governing when a whistleblower can engage in one-party taping to document misconduct. Whistleblower was ordered reinstated with full back pay after being fired for taping conversations of corporate executives conspiring to violate safety rules.
- Murphy v. IRS, 460 F.3d 79 (D.C. Cir. 2006). First successful constitutional challenge under the 16th Amendment to the taxation of compensatory damages. Decision vacated and reversed on other constitutional grounds, 493 F.3d 170 (D.C. Cir. 2007), rehearing, en banc, denied by Murphy v. IRS, 2007 U.S. App. 05-5139 (D.C. Cir., 2007), certiorari denied by Murphy v. IRS, 2008 U.S. 05-5139 (U.S., Apr. 21, 2008).
- NACDL, et al. v. Department of Justice, 182 F.3d 981 (D.C. Cir. 1999). Successful Freedom of Information litigation resulting in the release of the DOJ Inspector General report exposing high-level misconduct within the FBI crime lab, and awarding interim attorneys fees under FOIA.
- Nunn v. Duke Power Company, 84-Energy Reorganization Act Case No. 27 (Secretary of Labor). Established right of nuclear workers to disclose safety problems to non-governmental public interest organizations.
- Nat’l Whistleblower Ctr. v. HHS, 904 F. Supp. 2d 59 (D.D.C. 2012). Preliminary injunction forcing FDA to immediately release records related to FDA’s email monitoring of employee-whistleblowers; precedent holding that agencies waive right to withhold privileged documents that contain strong evidence of government misconduct.
- Opthof v. Ashland Chemical Co., 94-CAA-7 (ALJ May 8, 1995). Prevailed at merits hearing on behalf of wrongfully discharged chemical engineer. Lead trial counsel.
- People v. O.J. Simpson. Represented leading FBI forensic chemist and during two days of confidential depositions in the O.J. Simpson criminal trial.
- Plumley v. Federal Bureau of Prisons, 86-CAA-6 (ALJ June 22, 1987). First-ever successful employment-related whistleblower case on behalf of federal prisoner.
- Roberts v. FBI (Office of Inspector General Investigation). Removal of FBI Assistant Director after finding that FBI Supervisory Special Agent John Roberts was subjected to retaliation after 60 Minutes interview.
- Russo v. EPA. Won order reinstating whistleblower as the director of an EPA research laboratory. Ruling cited in the legislative history of the No Fear Act as one of the cases that triggered the passage of that law.
- Sanjour v. EPA, 56 F.3d 85 (D.C. Cir. 1995)(en banc) and 7 F.Supp.2d 14 (D.C.D.C. 1998)(argued). Nationwide injunctive relief on behalf of all federal employees establishing their First Amendment right to publicly blow the whistle on their employing agencies.
- Saporito v. Arizona Public Service Co., 92-ERA-30 (DOL proceedings). Precedent on the right of whistleblowers to circumvent the “chain of command” in raising safety concerns.
- In re: SCBA Liquidation. Representation of qui tam whistleblower in bankruptcy proceedings against the former largest U.S. bulletproofs vest-manufacturing company. Company admitted to liability to the United States for contracting fraud in the amount of approximately $300 million.
- Sylvester v. Parexel International LLC, 2007-SOX-39, 42 (May 25, 2011)(argued). Argued case key case establishing the controlling precedent on standards for raising a protected disclosure under corporate whistleblower laws.
- Thomas v. Arizona Public Service Co., 89-ERA-19 (DOL proceedings) (SOL proceedings). Co-counsel at hearing and on appeal establishing liability under whistleblower law for denial of training opportunities.
- Thompson v. U.S. Dept. of Labor, 885 F.2d 551 (9th Cir. 1989)(argued). Obtained judicial recognition of the requirement that the Department of Labor approve settlement agreements in federal nuclear whistleblower cases. Obtained first Equal Access to Justice attorney fee award against Department of Labor under nuclear whistleblower law.
- Linda Tripp v. Department of Defense, 104 F. Supp.2d 30 (D.D.C. 2000), 99-2554 (2001) 173 F.Supp. 2d 58 (D.D.C. 2001), 193 F.Supp.2d 229 (D.D.C. 2002), 01-157 (D.D.C 2002) 219 F.Supp.2d 85 (D.D.C. 2002), 99-2554 (D.D.C. 2002) 257 F.Supp.2d 37 (D.D.C. 2003), 194 F.R.D. 344 (D.D.C. 2000) and 200 F.R.D. 140 (D.D.C. 2001). Co-counsel for precedent setting litigation on behalf of nationally recognized whistleblower. Case resulted in one of the largest Privacy Act settlements ever awarded by the U.S. government.
- Turner v. Gonzales, 421 F.3d 688 (8th Cir. 2005)(argued). Appeals Court precedent on definition of adverse action in performance review and transfer cases filed under Title VII of the Civil Rights Act. Obtained maximum permitted compensatory damage award in the remand-jury trial. Lead trial and appellate counsel. (Oral Argument available here).
- In re: Jane Turner (2013). Largest compensation award issued by Deputy Attorney General under the FBI Whistleblower Protection Act after prolonged administrative adjudication ($900,000.00 in damages and fees).
- TWA 800 Airline Crash. Representation of FBI’s former Chief Metallurgist in proceedings before the U.S. Senate Judiciary Committee concerning FBI misconduct during the investigation into the causes of the crash of TWA flight 800.
- U.S. ex rel. Barko v. Halliburton, 952 F. Supp 2d 108 (D.D.C. July 8, 2013). Co-counsel for Plaintiff-Relator in False Claims Act case alleging Iraq War contracting fraud. Successfully prevailed on motions and obtained order denying motions to dismiss and finding jurisdiction over subcontractor based in Jordan. The D.C. district court has ordered the release of incriminating documents which Halliburton had repeatedly attempted to keep out of court, claiming Attorney-client privilege. Kohn, Kohn & Colapinto has also filed a petition for Writ of Certiorari, available here. (May 7, 2014 Oral Argument Available Here).
- U.S. ex rel. Gibbs v. MTI, (D.D.C.). False Claims Act qui tam whistleblower case brought by a former manager at a defense contracting firm alleging that the firm double-billed the government for labor and parts. The case settled shortly after the relator died. Successfully concluded the case and obtained close to a million dollars on behalf of the U.S. taxpayers, which was split between the U.S. and the whistleblower’s estate.
- U.S. ex rel. Harris v. J.P. Morgan Chase, (D. Mass.). Co-counsel under the False Claims Act for wrongful foreclosures on residential mortgages, resulting in U.S. intervention and obtaining $6.19 million settlement of False Claims Act case.
- U.S. ex rel. Irwin v. Significant Education, (D. Ariz Feb. 10, 2009), (D. Ariz. June 7, 2011). Co-counsel under the False Claims Act for illegal recruiting of students at private, for-profit university. Obtained $5.2million settlement on behalf of relator and United States, and a 28% “relator’s share.”
- U.S. ex rel. Nouri v. World-Wide Language Resources, Inc. (E.D. Pa.). Co-counsel under False Claims Act for illegal charges incurred by United States in War in Afghanistan. United States intervened and the relator obtained reward.
- U.S. ex rel. Richardson v. Bristol Myers Squibb. Co-counsel for employee relator in one of the largest pharmaceutical False Claims Act cases successfully resolved in the United States, resulting in civil payments to government of over $500 million dollars.
- U.S. ex rel. Westrick v. Second Chance Body Armor, et al., 685 F. Supp. 2d 129 (D.D.C. 2010). Lead counsel for employee relator in False Claims Act litigation against manufacturer and supplier of material for defective bulletproof vests. United States intervened.
- U.S. v. McVeigh and U.S. v. Nichols. Co-counsel for leading FBI explosives expert in various proceedings related to the Oklahoma City bombing case, including confidential depositions, represented expert witness in live testimony in the Nichols state trial, proceedings before the DOJ Office of Inspector General and obtaining a temporary restraining order and injunction from U.S. District Court prohibiting witness intimidation. Reported widely in the national press.
- U.S. v. Rahman and U.S. v. Salemeh (first World Trade Center bombing cases). Co-counsel for leading FBI explosives expert concerning forensic misconduct in the first and second World Trade Center bombing cases. Widely reported in the national press.
- Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, 529 U.S. 765 (2000). Co-counsel for public interest group in Amicus Curiae brief filed in case upholding the constitutionality of key provisions of the False Claims Act.
- Villanueva v. FBI, No. 98-CV-01704 (D.D.C.). Obtained right of FBI agents to pursue claims under the First Amendment based on illegal retaliation for First Amendment protected speech.
- Weaver v. USIA, 87 F.3d 1429 (D.C. Cir. 1996)(argued). Recognized right of federal employees to obtain prospective injunctive relief in federal court (without exhausting administrative remedies with the Merit Systems Protection Board) in cases involving violation of First Amendment rights.
- Wensil v. B.F. Shaw Co. (1987). Lead Counsel in proceedings before the Department of Energy Office of Inspector General on behalf of the first two successful whistleblowers at a nuclear weapons production facility. Obtained reinstatement and damage awards.
- Wiest v. Lynch, No. 11-4257 (3d Cir. Mar. 19, 2013) (argued). Established favorable precedent on standard of proof for a protected disclosure under the Sarbanes-Oxley Act. (Oral Argument available here).
- Westrick v. American Body Armor, Lead trial and appellate counsel under California False Claims Act regarding the sale of defective bullet proof vests to state law enforcement officers. After Court of Appeals ruling in favor of Dr. Westrick, defendants paid settlement-compensating California for the vests and paying the whistleblower reward under state law.
- Dr. Frederic Whitehurst v. FBI (administrative and judicial proceedings in 1993-98).Successfully represented first nationally recognized FBI whistleblower. Case resulted in President Clinton ordering the Attorney General to establish whistleblower protections for FBI employees for the first time. See Memorandum of President William Jefferson Clinton, Vol. 62Federal Register No. 81, p. 23123 (April 14, 1997). In addition, the case achieved the accreditation of the FBI crime laboratory and the re-opening and/or review of thousands of criminal cases tainted by fraudulent laboratory procedures. Dr. Whitehurst obtained a final million-dollar plus settlement to resolve allegations of violations of the Privacy Act and other federal laws.
- Youssef v. FBI, 687 F.3d 1332 (D.C. Cir. 2012) (argued). Lead counsel in successful appeal filed on behalf of the highest-ranking Arab American FBI agent who exposed discriminatory practices and weaknesses in the FBI counterterrorism program. (Oral Argument Available Here).
- The Whistleblower’s Handbook: A Step-by-Step Guide to Doing What’s Right and Protecting Yourself (Lyons Press,3rd edition 2013).
- Whistleblower Law: A Guide to Legal Protections for Corporate Employees (Greenwood Publishing Group, 2004)(co-authored with Michael Kohn and David Colapinto).
- Concepts and Procedures in Whistleblower Law (Greenwood Publishing Group, 2001).
- American Political Prisoners: Prosecutions under the Espionage and Sedition Act (Praeger, 1994) (foreword by Howard Zinn).
- The Whistleblower Litigation Handbook: Environmental, Nuclear, Health, and Safety Claims, by Stephen M. Kohn (New York: John Wiley & Sons, 1991).
- The Labor Lawyer’s Guide to the Rights and Responsibilities of Employee Whistleblowers(Quorum Books, 1988) (co-authored with Michael Kohn).
- Jailed for Peace: The History of American Draft Law Violators, 1658-1985 (Greenwood Press, 1986).
- Protecting Environmental and Nuclear Whistleblowers: A Litigation Manual (NIRS/GAP, 1985). This was the first book ever written explaining the legal rules governing whistleblower law.
- False Claims Acts: Federal, State and Municipal Qui Tam Laws (NWC, 2003).
- Federal Whistleblower Laws and Regulations (NWC, 2003).
LAW REVIEW/SCHOLARLY ARTICLES
- An Overview of Federal and State Whistleblower Protection, 4 Antioch Law Journal 99 (Summer, 1986) (co-author).
- Nuclear Whistleblower Protection and the Scope of Protected Activity Under Section 210 of the Energy Reorganization Act, 4 Antioch Law Journal 73 (Summer, 1986) (co-author).
- The Crisis in Environmental Whistleblower Protection: Deficiencies in the Regulations Protecting Employees Who Disclose Violations of Environmental Laws or Testify in ‘Citizen Suits’, 2 New England Environmental Law Forum 1 (New England School of Law, 1995) (co-author).
- Modern Trends in Protection of Employees under State Whistleblower Laws: A Model Statute, Vol. II, ALA National College of Advocacy Reference Materials, p. 1789 (Washington, D.C. 1998).
- Environmental Whistleblowers and the Eleventh Amendment: Employee Protection or State Immunity, 15 Tulane Environmental Law Journal 43 (Winter, 2001) (co-author).
- Proving Motive in Whistleblower Cases, Trial (March 2002).
- Corporate Whistleblower Protection and Analysis, The Employee Advocate (Winter 2002/2003).
- Whistleblowing and Environmental Protection, a contribution in the Macmillan Guide to Pollution (Macmillan Reference, N.Y. 2002-03).
- Moral Courage in Organizations, edited by Debra Comer and Gina Vega (New York: M.E. Sharpe press, 2011) (authored chapter entitled “The Greater Good: The Moral Courage of Whistleblowers”).
- The SEC’s Final Whistleblower Rules & Their Impact on Internal Compliance (West Law Publishing, Oct. 2011).
- “White Paper” on Whistleblower Protections, presented at the Rand Center for Corporate Ethics and Governance (2011).
STUDIES IN LEGAL HISTORY
- The Fort Leavenworth General Strike, a chapter in Nonviolence in America: A Documentary History, Staughton and Alice Lynd, editors (Orbis Books, Maryknoll, N.Y. 1995).
- Conscientious Objection: A Constitutional Right, 21 New England Law Review 545 (1986) (co-author, the Hon. Frederick L. Brown, Associate Justice, Massachusetts Court of Appeals).
- Human Rights and Freedom of Conscience in Administrative Law: A Critique of the Fugitive Slave Act and the Selective Service Act Through Use of the Liberty Fact Doctrine, 61 University of Detroit Journal of Urban Law 177 (Winter, 1984) (co-author, the Hon. Frederick L. Brown, Associate Justice, Massachusetts Court of Appeals).
PUBLIC POLICY REPORTS SUBMITTED ON BEHALF OF THE NATIONAL WHISTLEBLOWERS CENTER
PRESENTATIONS TO SECURITIES AND EXCHANGE COMMISSION ON DODD-FRANK ACT’S WHISTLEBLOWER REWARD RULES
Proposed key language to strengthen whistleblower protections and reward eligibility for corporate employees that was approved by the Securities and Exchange Commission (“SEC”). See The SEC’s Final Whistleblower Rules & Their Impact on Internal Compliance (West Law Publishing, Oct. 2011).
- August 23, 2010: Presentation to Representatives from the Office of the Chairman
- January 31, 2011: Presentation to the Staff of the SEC Division of Enforcement
- February 10, 2011: Presentation to SEC Commissioner Luis A. Aguilar
- February 11, 2011: Presentation to SEC Commissioner Troy A. Paredes
- March 11, 2011: Presentation to SEC Commissioner Kathleen L. Casey
- March 16, 2011: Presentation to SEC Commissioner Elisse B. Walter
- March 28, 2011: Presentation to SEC Chairman Mary Schapiro
RULE MAKING PROPOSALS AND REPORTS
- December 17, 2010: Report: Impact of qui tam Laws on Internal Compliance.
- December 17, 2010: Formal Comments on the Proposed Dodd-Frank Whistleblower Rules.
- January 25, 2011: Rule making proposal on SEC Rewards Provisions.
- February 15, 2011: Rule making proposal re: Foreign Corrupt Practices Act.
- March 7, 2011: Rebuttal to comments proposed by the Chamber of Commerce.
- March 17, 2011: Provision-by-provision analysis of the proposed rules with recommended changes.
- May 17, 2011: Letter to SEC Chairman re: Rules governing protection for employee reports to internal compliance officials.
- Hearing before the Committee on the Judiciary, Subcommittee on the Constitution and Civil Justice of the U.S. House of Representatives, "Oversight of the False Claims Act" (April 28, 2016) (Written Testimony- view here)
- Senate Judiciary Committee: Whistleblower Retaliation at the FBI: Improving Protections and Oversight (March 4, 2015)
- Hearing before the Committee on the Judiciary of the U.S. House of Representatives, “Oversight of the False Claims Act” (July 30, 2013) (Written Testimony – view here)
- Hearings before the Committee on Government Reform of the U.S. House of Representatives, “What Price Free Speech” (June 29, 2006) (expert testimony on impact of Supreme Court decision in Garcetti v. Ceballos).
- 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).
- Hearings before the U.S. Senate Democratic Policy Committee (2007) “Mistreatment of Iraq Contacting Whistleblowers”
Belgrade, Serbia (October 27-28, 2016): Anti-Corruption Conference "For Every Truth There Is a Source: Protecting Whistleblowers and Journalistic Sources," hosted by the Serbian whistleblower advocacy group Pištaljkaa (The Whistle), and sponsored by the Ministry of Culture and Information:
- Journalism and Whistleblowers: Threats and Opportunities (Panelist)
- Whistleblowing, Justice, and Journalism: The Way Forward (Panelist)
Republic of Bosnia and Herzegovina (May 26, 2015): Presentation sponsored by Luna-Centre for Responsible Democracy and the American Chamber of Commerce in Bosnia-Herzegovina with the support of the U.S. Embassy International Speakers Program.
- Conducted seminar as part of Sarajevo Whistleblower Week: "Breakthrough in Protecting International Whistleblowers: Non-United States Citizens Now Entitled to Whistleblower Protections and Rewards."
Republic of Bosnia and Herzegovina (March 3-8, 2012): Presentations sponsored by U.S. Embassy:
- Public Presentation: “The Fight Against Corruption and the Role of the Citizen, the Role of the Whistleblower”
- Participation in the Founding Assembly of “Uzbunjivaci protiv korupcije,” a Bosnian anti-corruption and whistleblower advocacy organization
- Presentation and meeting with the Chairwoman of the House of Parliament for the Federation of Bosnia and Herzegovina
- Presentation and meeting with Assistant Minster of Justice
- Public Lecture, Faculty of Criminal Justice
- Presentation and meeting with President of State Court of Bosnia and Herzegovina
- Presentation and meeting with the Director of the Agency for Prevention of Corruption
- Round Table private discussion and presentation with U.S. Ambassador, Members of Parliament and leadership of anti-corruption organizations
- Presentation to Staff of U.S. Embassy
- Presentation and meeting with head of anti-corruption committee for the Republika Srpska Parliament
Republic of Serbia (July 10-15, 2011): Presentations sponsored by the U.S. Embassy:
- Presentation and Meeting with Commission for Information of Public Importance and Personal Data Projection
- Presentation and meeting with President of Anti-Corruption Council
- Presentation and meeting with Association of Serbian Judges
- Presentation and meeting with Anticorruption Agency
- Presentation and meeting with Prosecutor General’s Office
- Presentation before journalist and NGO workshop
- Presentation before Round Table sponsored by “The Whistle” newspaper
Republic of Montenegro (September 12-19, 2009). Presentations sponsored by the U.S. Embassy:
- Presentation and Meeting with Director, Anti-Corruption Agency
- Presentation and Meeting with Assistant Minister of Interior
- Presentation and Meeting with Minister for EU Integration
- Presentation and Meeting with Judges and Prosecutors
- Presentation before the Public Procurement Commission
- Presentation at the Law Faculty
- Public Address before the Witness Protection Seminar
Prague, Czech Republic: European Union Whistleblower Protection Project. International Roundtable (July 8-9, 2009). Presentation sponsored by U.S. Department of State. Republic of Hungary (2008): Presentations sponsored by U.S. Embassy:
- Private meeting and presentation with Minister of Justice
- Private meeting and presentation with Minister for European Integration
- Formal Presentation to inter-cabinet Anti-Corruption Commission
- Private meeting and presentation to Members of Parliament from four major political parties
- Private meeting and presentation to leading newspaper editors and publishers
- Public presentation before leading representatives of anti-corruption NGOs
- Public presentation before the American Chamber of Commerce in Hungary
REPRESENTATIVE KEYNOTE ADDRESSES AND PRESENTATIONS
Mr. Kohn has made numerous national, regional and local public speaking appearances and key note addresses to educational, governmental and private bodies, including:
- Labor & Employment Law Conference 2015
- Administrative Conference of the United States
- American Bar Association Center for Continuing Legal Education
- American Civil Liberties Union
- American Library Association
- American Trial Lawyers Association, National College of Advocacy
- Antioch School of Law
- Association of Certified Anti-Money Laundering Specialists
- Boston University
- Brown University
- College of Notre Dame
- The Conference Board
- Consortium of Peace Research, Education and Development
- Council on Corporate Compliance and Ethics
- Democratic Policy Committee
- Department of State International Visitor Leadership Program
- District of Columbia Bar Association
- District of Columbia Employment Justice Center
- Dow Jones
- Ethics & Compliance Officer Association
- Fourth National Scientific Assembly for Environmental Health
- George Mason University School of Law Center for Law and Economics
- George Washington University School of Law
- Georgetown University Law Center Continuing Legal Education
- Guilford College
- Howard University
- IUCN World Conservation Congress
- Lead Industries Association
- NASA Inspector General Training
- National Employment Lawyers Association
- National Lawyers Guild
- New England School of Law
- New York Public Library
- Northeastern University School of Law
- Occupational Safety and Health Administration
- Office of Inspectors General
- Presidential Council on Integrity and Efficiency
- Rand Center for Corporate Ethics and Governance
- Smithsonian National Museum of American History,
- Society of Corporate Secretaries and Governance Professionals
- Society of Corporate Compliance and Ethics
- Southern Community Labor Conference on Environmental Justice
- Stockton State College
- Taxpayers Against Fraud
- Washington College of Law, American University
- Western California Law School
- Whistleblower Summit, Clinton Presidential Library
- World Bank
- U.S. Department of Labor, Office of Administrative Law Judges
- U.S. Department of State, International Visitor Leadership Program
ABC World News Tonight, BBC World News Tonight, BBC, “Burden of Proof” on CNN, “Capital Gains” on Bloomberg TV, CBS Evening News, CNN World News, “Crosstalk” on MSNBC, CSNBC, “The Early Show” on CBS, “Good Morning America” on ABC, “The Jack Ford Show” on MSNBC, “Hannity & Colmes” on FOXNEWS, “Hardball” on MSNBC, “The Johnnie Cochran Show” on Court-TV, “Larry King Live” on CNN, “Miller’s Law” on Court-TV, NBC Nightly News, “Nightline” on ABC, “The O’Reilly Factor” on FOXNEWS, “Primetime Live” on ABC, “Rivera Live” on MSNBC, “The Today Show” on NBC, “Close-Up” on C-SPAN, “60 Minutes” on CBS, “Washington Journal,” "HuffPost Live" and on CSPAN.