Office 1629 K St NW #300 Washington, DC 20006
Leading Whistleblower Attorney
Described by the National Law Journal as a “leading whistleblower attorney,” Jason Zuckerman litigates whistleblower retaliation, whistleblower rewards, wrongful discharge, and other employment-related claims. His practice focuses on representing senior executives and senior professionals in high-stakes whistleblower retaliation cases, including SOX claims, and representing whistleblowers before the SEC, CFTC and IRS. In 2019, the National Law Review awarded Zuckerman its “Go-To Thought Leadership Award” for his analysis of developments in whistleblower law.
Zuckerman’s broad experience includes practicing employment law at a national law firm and serving as Senior Legal Advisor to the Special Counsel at the U.S. Office of Special Counsel, the federal agency charged with protecting whistleblowers in the federal government. In 2012, the Secretary of Labor appointed Zuckerman to serve on the Whistleblower Protection Advisory Committee, which makes recommendations to the Secretary of Labor to improve OSHA’s enforcement of federal whistleblower protection laws.
At the Office of Special Counsel, Zuckerman worked on several high-profile investigations, including a whistleblower retaliation case resulting in the removal of an Inspector General. He played an active role in the agency’s implementation of the Whistleblower Protection Enhancement Act, expanded the agency’s outreach program, and drafted amicus curiae briefs on key issues concerning federal employee whistleblower rights and protections.
Zuckerman authors the firm’s Whistleblower Protection Law Blog.
Award-Winning Whistleblower Lawyer
- recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2018, 2017, 2015, 2009, and 2007;
- rated AV Preeminent® by Martindale-Hubbell based on peer reviews;
- selected by peers to be included in The Best Lawyers in America® in the category of employment law (2011-2020);
- rated 10 out of 10 by Avvo, based largely on client reviews; and
- selected by peers to be listed in SuperLawyers (2012 and 2015-2020) in the category of labor and employment law.
Frequent Speaker on Corporate Whistleblower Rewards and Protections
Zuckerman has lectured extensively on whistleblower protection, including Sarbanes-Oxley and False Claims Act actions, and has written several articles on whistleblower rights. Zuckerman co-authored a chapter on litigating whistleblower cases for Whistleblowing: The Law of Retaliatory Discharge, drafted a chapter on the D.C. Whistleblower Protection Act for the D.C. Practice Manual, and is a contributing author to The International Handbook on Whistleblowing Research.
For nearly a decade, Zuckerman has been a contributing author to an annual update on the whistleblower protection provisions of the Sarbanes-Oxley Act published by the ABA Fair Labor Standards Legislation Committee.
Zuckerman’s articles have been cited in various treatises and in federal court opinions on the scope of Sarbanes-Oxley whistleblower protection and the use of company documents to disclose fraud to regulators. He has trained administrative law judges, agency EEO directors, senior OIG officials and delegations from more than 30 countries on federal whistleblower protections.
Zuckerman serves as Co-Chair of the Whistleblower Subcommittee of the ABA Labor and Employment Section’s Employee Rights and Responsibilities Committee and served as Co-Chair of the National Employment Lawyers Association’s Whistleblower Committee, Co-Chair of the Sarbanes-Oxley Subcommittee of the ABA Labor and Employment Fair Labor Standards Legislation Committee, Co-Chair of the Whistleblower Committee of the District of Columbia Bar’s Labor and Employment Section, and member of Law 360’s Employment Editorial Advisory Board.
Effective Advocate Working to Strengthen Whistleblower Rights and Protections
In addition to shaping whistleblower protection law through successful outcomes for clients, Zuckerman has worked with whistleblower advocates to draft and lobby for passage of whistleblower protection laws and advocate for more effective and vigorous enforcement of whistleblower protection laws. Zuckerman drafted portions of the 2009 amendments to the D.C. Whistleblower Protection Act, which is now the strongest public sector whistleblower protection statute at the state level, and testified at a hearing about those amendments.
Zuckerman’s recommendations for improving OSHA’s Whistleblower Protection Program are cited in Congressional hearing testimony and a top-to-bottom review of the program, and comments that he co-authored are cited in final regulations implementing the whistleblower protection provisions of the Energy Reorganization Act and six environmental statutes.
In conjunction with the Government Accountability Project, Zuckerman drafted a petition for rulemaking to the Department of Labor to combat corporate muzzling of whistleblowers. That petition resulted in OSHA issuing new guidance on settlement approval in whistleblower cases.
In 2011, he led a coalition of whistleblower advocates in meetings with the SEC Chairman, two other Commissioners, and senior SEC staff to offer the whistleblower perspective on proposed regulations implementing the whistleblower reward provision of the Dodd-Frank Act. Zuckerman advocated for rules prohibiting the use of confidentiality agreements to bar whistleblowing to the SEC.
Zuckerman has drafted amicus curiae briefs in leading whistleblower retaliation cases, including in Palmer v. Canadian Nat’l Railway, Powers v. Union Pacific Railroad, Johnson v. Siemens, Bonds v. Leavitt, and Welch v. Chao, and his publications about whistleblower rights are cited in Financial Statement Fraud: Prevention and Detection, Managing Risk in Communication Encounters: Strategies for the Workplace, and Nonprofit Financial Management: A Practical Guide.
Frequently Quoted in the Media About Whistleblower Rights
Zuckerman is frequently quoted by leading business and legal periodicals, including Wall Street Journal, Financial Times, Forbes, The National Law Journal, CFO, BNA’s Daily Labor Report, The Washington Post, Investment Adviser Week, Fiscal Times, Human Resources Executive Online, HR Magazine, TaxAnalysts, Richmond Times-Dispatch, Houston Chronicle, HR News, New Jersey Law Journal, cyberFEDS, HR Executive, Washington Examiner, Workforce Management, ABA Journal, CCH’s Labor and Employment Law, Law360 other print and electronic media. Corporate Counsel recently featured Zuckerman in an article titled How to Help a Whistleblower.
Zuckerman graduated Phi Beta Kappa and magna cum laude from Georgetown University and received his law degree from the University of Virginia, where he served as Articles Editor of the Virginia Journal of Law and Technology.
In law school, he received the University of Virginia School of Law’s Pro Bono Award for his advocacy on behalf of prison inmates and mentally disabled individuals, and helped establish a successful pro bono program that encourages students to volunteer a minimum of 150 hours of pro bono service during law school.
Zuckerman is admitted to practice before the District of Columbia, Maryland and Virginia bars, the United States Supreme Court, the United States Court of Appeals for the Second, Fourth, and Federal Circuits, the United States District Court for the District of Columbia, the United States District Court for the Eastern District of Virginia, and the United States District Court for the District of Maryland.
SEC Whistleblower Attorney
SOX Whistleblower Lawyer
Zuckerman is frequently called upon to speak on whistleblower rights and protections. He has served as a panelist at continuing legal education seminars throughout the United States, trained administrative law judges and senior government officials, and briefed delegations from more than twenty countries about whistleblower rights and protections.
- “Whistleblower Protections for Government Contractors and Grantees,” Lawline, November 2019
- “Hot Topics in Corporate Whistleblower Protections,” Lawline, November 2019
- Panelist: “Developments in Sarbanes-Oxley and Dodd-Frank Whistleblower Law,” ABA Section of Labor and Employment Law Annual Conference, November 2019
- Panelist: “Whistleblowers’ Bar: Current Trends and Perspectives,” PLI Corporate Whistleblowing in 2019, July 2019
- Panelist: “Whistleblowers Toolbox: Just What Protections Do Whistleblowers Have? A Survey Of Whistleblower Statutes,” NELA, June 2019
- Panelist: “Navigating the Maze of Whistleblower Laws,” New York Employment Lawyers Association, May 2019
- Panelist: “Identifying and Addressing Whistleblower Claims: Can You Hear the Whistle Blowing,” ABA ERR, March 2019
- Panelist: “New Developments in the SEC and CFTC Whistleblower Programs: Record Year for Awards and Narrowed Whistleblower Protection,” BNA Bloomberg webinar, September 24, 2018
- Panelist: “Building a Fraud Aware Culture and a Whistleblower-Friendly Environment,” Association of Government Accountants’ 2018 Internal Control & Fraud Prevention Training
- Panelist: “Developments at the SEC and CFTC Whistleblower Offices,” Taxpayers Against Fraud Annual Conference, September 2018
- Panelist: “New Developments in the SEC and CFTC Whistleblower Programs: Record Year for Awards and Narrowed Whistleblower Protection” Bloomberg, September 24, 2018
- Panelist: “Whistleblowers’ Bar: Current Trends and Perspectives,” Corporate Whistleblowing in 2018, PLI, June 2018
- Panelist: “Handling Whistleblower Claims 2018, Rights of Private Sector Employees,” DC Bar, June 18, 2018
- Panelist: “Lawyer-Whistleblowers & the Bio-Rad Verdict: Implications for Future Litigation,” Association of Professional Responsibility Lawyers MidYear Meeting, February 4, 2018
- Panelist: “State of Whistleblower Protection Laws after One Year of the Trump Administration,” Annual ABA Section of Labor and Employment Law Conference, November 9, 2017
- Panelist: “What Would We Do Without Them: Whistleblowers in the Era of Sarbanes-Oxley and Dodd-Frank,” Fordham Journal of Corporate & Financial Law, Oct. 27, 2017
- Keynote Speaker: “SEC Whistleblower Program: The “Game-Changer” in Securities Enforcement and Compliance,” NRS Fall 2017 Compliance Conference, Oct. 26, 2017
- Panelist: “Corporate Whistleblowing 2017,” Practicing Law Institute, June 28, 2017
- Course Chair: “Handling Whistleblower Claims 2017: Rights of Private Sector Employees,” DC Bar CLE, May 16, 2017,
- Moderator: “Trying Sarbanes-Oxley Whistleblower Retaliation Cases,” BNA Bloomberg webinar, April 20, 2017
- Panelist: “Whistleblower Rights, Protections and Challenges,” DC Bar, April 4, 2017
- Panelist: “Recent Developments in Whistleblower Protection Law,” ABA Annual Labor and Employment Law Conference, November 2016
- Panelist: “Whistleblower investigations,” Rosedale, October 26, 2016.
- Panelist: “Representing Corporate Whistleblowers,” NELA CLE titled Reining In Retaliation & Winning Whistleblower Cases, April 8-9, 2016
- Panelist: “Effectively Addressing Alleged Misconduct Committed by Purported Whistleblowers: No Good/Bad Deed Goes Unpunished,” ABA Employment Rights and Responsibilities Committee Midwinter
Meeting, March 15-19, 2016
- Panelist: Internal Investigations, SEC and Whistleblower CLE Seminar, Rosedale, December 3, 2015
- Panelist: Taxpayers Against Fraud IRS, CFTC and SEC Boot Camp, November 16, 2015
- Panelist: “Recent Developments in Whistleblower Law,” ABA 9th Annual Section of Labor & Employment Law Conference, November 7, 2015
- Panelist and Moderator: “Recent Developments In Whistleblower Law,” NELA Webinar, September 30, 2015
- Panelist: “Corporate Whistleblowing Forum: The Preeminent Forum on Open Reporting of Fraud, Misconduct, Impropriety and White Collar Crime,” September 9, 2015
- Panelist: “Emerging Issues in Whistleblower Law,” ALI Advanced Course Current Developments in Employment Law, July 2015
- Panelist: “Plaintiff Views — Preparing for the Fallout from Private Litigation: Insights into the Litigation Landscape and Prospects for Privately Represented Whistleblowers,” American Conference Institute Advanced Forum on Whistleblower Litigation, July 2015
- Panelist: “Representing Whistleblowers in the Federal Government,” National Employment Lawyers Association Conference, June 2015
- Panelist: “Whistleblower Reward and Retaliation Claims: Current Developments,” Bloomberg BNA webinar, March 31, 2015
- Panelist: “Office of Special Counsel Update,” ABA Federal Sector Labor & Employment Law Committee, February 25, 2015
- Panelist: “SOX, OSHA and Beyond: Litigating Whistleblower Claims at the U.S. Department of Labor,” ABA Section o Labor and Employment Law CLE, Tampa, FL, December 8, 2014
- Panelist: “Navigating the Maze of Private Sector Whistleblower Anti-Retaliation Laws,” Metropolitan Washington Employment Lawyers Association, November 18, 2014
- Panelist: “Developments and Trends in SOX and Dodd-Frank Whistleblower Litigation,” ABA 8th Annual Section of Labor & Employment Law Conference, November 6, 2014
- Panelist: “Strategies For Representing Whistleblowers In The Federal Government,” NELA CLE titled “Representing Federal Employees: Navigating A Complex Landscape,” October 18, 2014
- Panelist: “SOX, OSHA and Beyond: Litigating Whistleblower Claims at the U.S. Department of Labor,” ABA Section of Labor and Employment Law CLE, Washington, D.C., September 18, 2014
- Panelist: “Navigating the Maze of Private Sector Whistleblower Protections: Recent Developments in Sarbanes-Oxley, Dodd-Frank, and False Claims Act Whistleblower Litigation,” 44th Annual VBA Conference on Labor Relations and Employment Law, September 12, 2014
- Course Chair: “Recent Developments in Qui Tam, IRS, and SEC Whistleblower Rewards Claims,” DC Bar CLE, July 22, 2014
- Course Chair: “Recent Developments in Sarbanes-Oxley, Dodd-Frank, and False Claims Act Whistleblower Retaliation and Litigation,” DC Bar CLE, July 15, 2014
- Panelist: “Practice Before the Merit Systems Protection Board (MSPB): What Happens After the Whistle is Blown?,” DC Bar CLE, May 22, 2014
- Panelist: “Recent Developments in Whistleblower Reward and Retaliation Claims Including Sarbanes-Oxley and Dodd Frank Claims,” Bloomberg BNA webinar, April 30, 2014
- Panelist: “Handling Whistleblower Claims: New Opportunities Create More Complex and Emerging Issues for Employment Lawyers,” ABA Employment Rights and Responsibilities Committee Midwinter Meeting, March 20, 2014
- Panelist: “Whistleblower Investigations: A How-to Guide,” ABA Section of Labor and Employment Law, March 5, 2014 Panelist: “MSPB/OSC Update,” ABA Federal Sector Labor & Employment Law Committee, February 12, 2014
- Panelist: “New Developments at the Office of Special Counsel,” ABA Section of Administrative Law and Regulatory Practice Government Personnel Committee, October 30, 2012
- Panelist: “Issue Spotting & Client Intake For Whistleblower & Retaliation Claims,” NELA Conference titled “Shining The Light On Whistleblower & Retaliation Claims,” October 18, 2013
- Speaker: “The Whistleblower Protection Enhancement Act of 2012 and OSC’s Enforcement of Prohibited Personnel Practices,” Federal Administrative Law Judges Conference, September 10, 2013
- Panelist: “Ever-Expanding Federal Whistleblower Protections: Increasing Rewards, Growing Risks,” ABA Annual Meeting, August 8, 2013
- Panelist: “Whistleblower Protection Enhancement Act,” Whistleblower Summit, July 29, 2013
- Panelist: “Recent Developments In Whistleblower Protections & Using Them To Your Client’s Advantage,” National Employment Lawyers Association Conference, June 27, 2013.
- Panelist: “Whistleblower Protection Enhancement Act,” ABA Federal Sector Labor & Employment Law Committee, April 10, 2013
- Panelist: “Blowing the Top Off Whistleblower Investigations ,” ABA Employment Rights and Responsibilities Committee Midwinter Meeting, March 22, 2013
- Panelist: “New Developments at the Office of Special Counsel,” ABA Section of Administrative Law and Regulatory Practice Government Personnel Committee, October 16, 2012
- Panelist: “Whistle While You Work: What You Should Know About Representing State and Federal Whistleblowers,” California Employment Lawyers Association Webinar, September 27, 2012
- Panelist: “New Robust Retaliation Protections for Whistleblowers,” Taxpayers Against Fraud Conference, September 14, 2012
- Witness: Federal Sector Roundtable, “Public Input into the Development of EEOC’s Strategic Enforcement Plan,” July 18, 2012 EEOC Meeting
- Panelist: “Ethical Leadership in Government,” Federal Senior Management Conference, April 17, 2012
- Panelist: “The Law and Procedures in Representing Federal Employee Whistleblowers,” DC Bar, April 11, 2012
- Panelist: “The New Whistleblower Laws,” ABA Employment Rights and Responsibilities Committee Midwinter Meeting, March 29, 2012
- Panelist:: “You Know How to Whistle Don’t You? Whistleblower Law and Practice in Maryland,” Maryland Employment Lawyers Association, November 18, 2011
- Panelist: “Ethical Issues in Protecting Confidential Information & Spoliation Prevention,” National Employment Lawyers Association Conference, July 1, 2011
- Panelist: “Will Internal Compliance Requirements Strengthen Or Weaken The Law?,” Institutional Investors Educational Foundation and Voices for Corporate Responsibility Program on Considerations For Whistleblowers, April 13, 2011
- Panelist: “Whistleblowers: What Protections and Forms of Relief are Available for Foreign-Based Employees,” ABA International Section Spring Program, April
- Panelist: “The Whistleblower Litigant’s Dilemma: Making Sure Not to Cross Ethical Lines in the Name of Advocacy,” ABA Employment Rights and Responsibilities Committee Midwinter Meeting, March 25, 2011
- Moderator: “Using New Developments In Whistleblower Laws To Your Client’s Advantage,” National Employment Lawyers Association Webinar, March 10, 2011
- Moderator: “Dodd-Frank Act: Robust Protections and Substantial Rewards for Whistleblowers,” D.C. Bar, November 9, 2010
- Panelist: “New Developments in Whistleblower Law and Effective Strategies forProsecuting Whistleblower Retaliation Claims,” November 3, 2010
- Panelist: “New Robust Retaliation Protections for Whistleblowers” Taxpayers Against Fraud Conference, November 1, 2010
- Moderator: “Changing Currents in Employment Law 2010: Recent Trends and Developments,” D.C. Bar CLE, October 26, 2010
- Panelist: “Employment Law Update: Fall 2010, Whistleblower Provisions of the Dodd-Frank Act,” ALI-ABA Teleseminar, September 21, 2010
- Panelist: “Blowing the Whistle as a Federal Employee,” National Employment Lawyers Association Conference, June 25, 2010
- Panelist: New Developments in Whistleblower Protection Law, National Whistleblower Assembly, May 24, 2010
- Panelist: “Trends in Sarbanes-Oxley Whistleblower Law: Key New Developments,” Law Seminars International, May 21, 2010
- Panelist: “Litigating Whistleblower Cases,” Bar Association of Montgomery County, April 14, 2010
- Panelist: “Here, There and Everywhere: New and Pending Whistleblower Legislation and Strategies for Handling Expanding Whistleblower Protections,” ABA Employment Rights and Responsibilities Committee Midwinter Meeting, March 25, 2010
- Panelist: “Winning Retaliation Cases and Defeating Defense Counterclaims and Tricks,” Taxpayers Against Fraud Conference, October 13, 2009
- Panelist: “Government Contractors and Other Recipients of Government Funds—Do They Know What They’re Getting Into?” 39th Annual Virginia Bar Association Conference on Labor Relations & Employment Law, October 2, 2009
- Moderator: “Litigating Qui Tam Whistleblower Cases under the New Amendments to the False Claims Act,” D.C. Bar CLE, September 14, 2009
- Panelist: “Changing Currents in
Employment Law,” National Organization of Black Law Enforcement Executives Annual Conference, July 28, 2009
- Panelist: “Changing Currents
in Employment Law: Recent Developments Update,” D.C. Bar CLE, June 18, 2009
- Panelist: “Settlement Issues in Employment Cases,” ALI-ABA Teleseminar, May 22, 2009
- Panelist: “New Whistleblower Protections for
Government Contractors and Employees of State and Local Governments,” D.C. Bar, April 6, 2009
- Panelist: “New Whistleblower Protection: The McCaskill Amendment to the Economic Stimulus Bill,” ALI-ABA Teleseminar, March 17, 2009
- Panelist: “Using OSHA Laws to Remedy Retaliation,” National Whistleblower Assembly, March 8, 2009
- Panelist: “Whistleblower Law Symposium,” Institute of Continuing Legal Education in Georgia, March 4, 2009
- Panelist: “The Insider: Legal Ethics in Whistleblower Cases” Fairfax Bar CLE, February 5, 2009
- Panelist: “Inside the Whistleblower
Experience,” Ethics Resource Center, December 8, 2008
- Panelist: “Litigating Whistleblower Retaliation Claims Before DOL,” National Whistleblowers Center Seminar on “Whistleblower Protections in the Consumer Product Safety Improvement Act of 2008,” November 21, 2008
- Panelist: “Update on Whistleblower Legislation,” Representing Workers in Harassment & Retaliation Claims CLE, National Employment Lawyers Association, October 17- 18, 2008
- Panelist: “The Emerging Era in Whistleblower Rights and the Public’s Right to Know,” Sponsored by Government Accountability Project & American University Washington College of Law, June 23, 2008
- Panelist: “Litigating Whistleblower Retaliation Cases,” D.C. Bar Labor and Employment Section, May 19, 2008
- Panelist: “Corporate Whistleblower Protections,” Joint Congressional Forum: Congress at the Crossroads for Your Rights sponsored by Government Accountability Project and International Association of Whistleblowers,
May 12, 2008
- Panelist: “Litigating Qui Tam Cases Under the False Claims Act,” D.C. Bar CLE, June 12, 2007
- Panelist: “Litigating False Claims Act Retaliation Claims,” Metropolitan Washington Employment Lawyers
Association, May 17, 2007
- Panelist: “Fraud and Corporate Whistleblowing: False Claims Act, Qui Tam, IRS and SOX, The ABC’s of a Successful
Whistleblower Case,” National Whistleblower Center, May 16, 2007
- Panelist: “Hot SOX: What’s New Under the Sarbanes-Oxley Act,” Representing Workers In Whistleblower & Retaliation Actions CLE,
National Employment Lawyers Association, March 12, 2007
- Panelist: “Litigating Whistleblower Cases,” Annual Maryland Employment Lawyers Association Training Seminar, September 30, 2006
- Panelist: “At-Will Employment,” D.C. Chamber of Commerce Employer Advocate Program Training Seminar, September 6, 2006
- Panelist: “Sarbanes-Oxley’s Whistleblower
Provisions,” Metropolitan Washington Employment Lawyers Association,” May 18, 2006
- Panelist: “Conducting Internal Investigations,” D.C. Chamber of Commerce Employer Advocate Program Training Seminar, April 2006
- Panelist: “SOX Whistleblower Claims: Key Developments and Emerging Issues,” D.C. Bar Labor and Employment Section, April 16, 2006
- Panelist: “ABA Section of Litigation CLE, Sarbanes-Oxley: Update on Recent Court Decisions,” ABA National Live Audio Webcast, April 11, 2006
- Panelist: “Employment Law 101,” NCAPA Annual Education Conference, October 2005
- Panelist: “Litigating Whistleblower Cases,” Whistleblowers for an Honest, Efficient, and Accountable Government, September 23, 2005
- Guest Lecturer, University of Virginia School of Law, “Whistleblower Protections,” April 2005
- Panelist: “Employee Concerns Investigations: Navigating the Minefield,” Employee Concerns Program Forum Conference, February 2005
- Panelist: “Litigating Whistleblower Cases Before the Department of Labor,” Prettyman-Leventhal American Inns of Court, January 2005
- Panelist: “Procedures Governing Sarbanes-Oxley Whistleblower Retaliation Claims,” Bar Association of the District of Columbia Section on Labor and Employment, November 2004
- Panelist: “Sarbanes-Oxley’s Whistleblower
Protection Provisions,” D.C. Chamber of Commerce Employer Advocate Program, May 2004
DISCLAIMER: INFORMATION ABOUT RESULTS ACHIEVED IN PRIOR CASES DOES NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES. RESULTS WILL VARY BASED UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. REFERENCES TO PRIOR CLIENT ENGAGEMENTS ARE NOT INTENDED TO CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE OUTCOME OF YOUR LEGAL MATTER.
The following is a sample of some of Jason Zuckerman’s prior representations, including some matters that he co-counseled with other attorneys:
- Obtained settlement of approximately three and a half million dollars in Sarbanes-Oxley whistleblower retaliation case.
- Represented whistleblower in a First Amendment retaliation action whose disclosures about off-label marketing enabled the federal government to recover more than $100 million in a subsequent proceeding and led to the criminal conviction of a senior official for felony conflict-of-interest charges for taking payments from drug companies.
- Represented whistleblower in the first Sarbanes-Oxley whistleblower case that survived summary judgment on the issue of extraterritorial application of SOX. Penesso v. LCC Int’l, Inc., 2005-SOX-016 (ALJ March 4, 2005).
- Obtained two settlements in the range of one million to one and half millions dollars in Sarbanes-Oxley whistleblower retaliation cases.
- Represented whistleblower at Countrywide Financial who disclosed unlawful practices in the sale of subprime mortgage loans.
- Secured favorable ruling in a Sarbanes-Oxley whistleblower retaliation case holding that the duty speech doctrine does not apply to SOX claims, protected conduct under SOX is limited to disclosures about shareholder fraud, and individual liability does not require a showing of malice. Leznik v. Nektar Therapeutics, 2006-SOX-93 (ALJ Nov. 16, 2007).
- Obtained reinstatement for a security guard at a nuclear plant who disclosed lax security practices.
- In conjunction with other counsel, represented qui tam relator in a False Claims Act case that settled for approximately $58 million dollars.
- Represented whistleblower in Congressional investigation of mismanagement and abuse of authority at an Office of Inspector General.
- Obtained favorable ruling on the scope of protected conduct under the D.C. Whistleblower Protection Act. Saint–Jean v. Dist. of Columbia, 846 F. Supp. 2d 247 (D.D.C. 2012).
- Obtained favorable ruling in Sarbanes-Oxley whistleblower case clarifying that a company’s submission to the Securities and Exchange Commission of a report of an internal investigation of accounting practices waives the attorney-client and work product privileges. Fernandez v. Navistar International Corp., 2009-SOX-43 (ALJ Oct. 16, 2009).
- Drafted amicus curiae briefs in Powers v. Union Pacific Railroad (defining “contributing factor” causation), Johnson v Siemens (construing scope of coverage under Section 806 of the Sarbanes-Oxley Act), Bonds v. Levitt (interpreting scope of protected conduct under the Whistleblower Protection Act), Welch v. Chao (construing scope of protected conduct under Section 806 of the Sarbanes-Oxley Act), and Tucker v. DC (same-decision defense under the DC Whistleblower Protection Act).
- Obtained favorable settlement in wrongful discharge claim arising from whistleblower disclosures of cross-contamination of pharmaceuticals in violation of FDA good manufacturing practices.
- Represented whistleblower in Nuclear Regulatory Commission investigation resulting in issuance of Notice of Violation.
- Represented whistleblower before the SEC concerning disclosures of internal control deficiencies.
- Represented whistleblowers in Office of Inspector General investigation of contractor fraud.
- Obtained full relief for truck driver who refused to drive an unsafe truck.
- Represented whistleblower in Congressional investigation of retaliation.
- Represented whistleblowers at Deutsche Bank, JP Morgan Chase, and Wells Fargo.
When choosing a lawyer for a high-stakes employment dispute, you should examine the lawyer’s track record and assess whether you would feel comfortable working with the lawyer and trust the lawyer to zealously advocate to achieve your objectives. The following are some testimonials from former clients of Jason Zuckerman, including CEOs, CFOs, and senior professionals.
- Jason Zuckerman is the most focused, thoughtful and aggressive attorneys I have ever known, let alone had the pleasure to have on my side in a highly complex legal case. He brought well-honed legal insights and a rapid pace to our legal preparations. He forcefully brought those preparations to the opposing side, which gave them little choice but to engage with us until a positive settlement was reached. In addition, we found Jason to be extremely responsive at every step, even if it required working past midnight. His character is beyond reproach and his dedication through the entire process was unwavering. If I ever need someone in my legal court again, I won’t hesitate for even a second, before I seek Jason’s support.
- Jason is everything you could possibly ask for an an attorney: highly intelligent, thoughtful, and extraordinarily knowledgeable in his specialty of the law. In a very short period of time Jason was able to assimilate a laundry list of details and offer a compelling strategy on how to effectively proceed. Moreover, he is extremely responsive.
- Jason is the consummate professional when it comes to SOX retaliation claims. He is, without question, one of the most deeply knowledgeable, technical, and astute attorneys in this very specialized body of law. During one of the most difficult times in my professional career, Jason not only provided exceptional legal guidance, but equally as important, he provided emotional support that was vital to my family and me. Jason ran circles around the “major national law firm” team that was assigned to defend my employer. In fact, Jason made them look silly at times. Jason always advocated my best interests, not his own. Jason is not only an exceptional attorney who helped my family to achieve a favorable outcome, but he is a friend. I’ve worked with major law firms throughout my career and when it comes to SOX and employment law matters, there is not a finer, more talented attorney than Jason Zuckerman.
- Jason did an exceptional job in quickly understanding the intricacies of my case, grasping not only his field of expertise of employment law, but also the violations of law and SEC Regulations that were central to my dispute. The overall strategy he utilized insured that opposing counsel was challenged and made clear that this case would simply not proceed based on a timetable convenient to them. Jason is thorough, accurate and seemingly working at all hours based on phone calls and correspondence. Fortunately Jason has a very down to earth personality, understands issues readily and can convey in understandable language current “legal” circumstances and probable outcomes. I would easily and thoroughly recommend Jason for issues related to a Sarbanes-Oxley or employment related dispute.
- I selected Jason to handle my case after consulting with three other lawyers because of his extensive SOX experience and negotiation skills. My decision paid off as he easily surpassed all of my expectations. He quickly analyzed the merits of my case and aggressively engaged my former employer to reach a favorable settlement, avoiding years of potential litigation. He was responsive, professional, ethical and a great advocate on my behalf. I truly believe that I could not have found a better lawyer to represent my interests. He would be the first person I would recommend if a colleague or friend were to ever need similar services. Put simply, Jason is a top notch lawyer who works tirelessly to achieve a positive outcome for his clients. It’s easy to see why he is regarded as an expert in the field.
- When I sought out a DC-based attorney to represent me, I expected a competent attorney who would get me through my sexual harassment lawsuit. What I didn’t expect was to find someone like Jason: a truly outstanding attorney who made me feel like a priority, paid close attention to detail, and brought enormous expertise to the table. I chose to hire Jason to represent me after consulting seven other lawyers — and from day one, Jason was the only one who it clear that he actually cared about me and my case. I cannot be happier that I chose Jason. He represented me with professionalism and fearlessness every step of the way. Jason always made me feel like a priority, even though he was busy with other cases/clients simultaneously. He never rushed me or pressured me, and kept me “in the loop” the entire time while we were dealing with the opposing side.
- More than just an attorney who handles employment law cases, Jason is a real “people person” who takes the extra time to explain things. I also found him to be extremely responsive, and could always depend on him to get back with me as soon as possible. His care and handling of my case were first class and certainly made an otherwise stressful experience a lot easier to deal with.
- I was suddenly terminated for notifying the national healthcare company I worked for of unethical activities they were selling on a national level for patients who were unable to speak for themselves. I felt helpless and started researching the Internet and realized I was what they call a “Whistle Blower.” I found Jason Zuckerman’s web site and contacted him. He helped me obtain a fair and just settlement and recover the money the company owed to me. He worked quickly and did a great job up against a global law firm the company had hired to defend itself…he won against a global law firm. That pretty much says it all doesn’t it? I would recommend him to anyone.
- Jason represented me with professional competence and personal compassion. He was thoroughly versed in relevant law and was a very effective communicator. He earned my respect and the respect of my opponents. Jason assisted in structuring a settlement which restored a measure of security (and dignity) to my life. I would retain Jason again in a heartbeat.
- I am a whistleblower for the US Government, and suffered continued harassment from my superiors. After Jason came on board, he never let up until they left me alone. He was dedicated, caring, and he nailed my agency with everything he could find. (He found a lot!) He quite simply cowed them with his superior knowledge of the law. He is amazing, and I’m not sure I would have a job without him.
- I am 100 percent thrilled with the results received from Jason’s superior skills as an attorney. Jason did exactly what he promised by representing me fearlessly at every step of the process. Let me also add that Jason is a nice guy.
- Mr. Zuckerman did an outstanding job representing me against a huge international company and the settlement was greater than expected.
- I come from a family of lawyers and many of my friends are attorneys, too. As highly as I think of them, they fade in comparison to Jason. He is everything the other reviews say and more. He takes pride in his practice and makes you feel like you are his only client – even though I know he is very busy and in high demand. He never pressured or rushed me to make any decisions. He explained the pros and cons thoroughly and made sure that I clearly understood everything before we would move forward. At a time when my employer was against me and my “friends” turned their backs on me, Jason’s solid legal advice was an anchor, providing calm and reassurance even while not truly knowing the outcome or being able to guarantee results. It felt like we were a team and in sync. He helped me achieve results that were great for me individually. With him in my corner, I knew I was protected and that was a great deal to me and my family as we weathered the storm. I highly recommend him. I hope I would not need him again but I would definitely contact him if I ran into trouble at work again. Please contact him and at least see if he can help you before you retain anyone else.
- I was very lucky to have Mr. Zuckerman in my corner. I cannot tell you how many phone calls and e-mails I sent with questions regarding my case and in each instance he promptly responded with answers that were easily understandable and always ensured I was satisfied with the answers before leaving the subject. I hope I do not need his services in the future, however if I do, he will be the first call I make and without hesitation, I will recommend his services- and the services of his firm- to anyone needing assistance with an employment claim!
- Jason is a very dedicated, caring, knowledgeable and hard working lawyer. I never had to wait for him to return my calls or emails. He not only represented me at the highest professional level, but he performed above and beyond my expectations and included many clauses for my protection and benefit that I had not requested. I was very luck to find such a good attorney and recommend him for employment cases without any reservations.
- My case was a complex Civil Rights First Amendment lawsuit. I was a government Whistleblower who was wrongfully terminated for speaking out about corrupt government officials and their improper interactions with the pharmaceutical industry. Mine was truly an uphill battle.
- After searching and interviewing several firms specializing in labor laws for a year; I was lucky enough to be referred to Mr. Zuckerman. There are many lawyer in Washington DC area; however, finding a professional who is great at his practice and actually cares about his clients is hard. He is a caring professional that strategizes from the outset to ensure the best possible outcome for his client. He not only defended me very capably, but he was able to negotiate a reasonable agreement. I highly recommend Mr. Zuckerman.
- They’re the most responsive attorneys I have ever seen. I contacted them on a Satur[day] night by email, talked to them on a Sunday, and was signing to be represented by that Monday (if my memory serves rightly). I cannot go into the specifics of what this firm did but I can say that they worked feverishly to blow my expectations out of the water. If the facts provide you a case, they’ll make the most of it when representing you.
- I highly recommend Zuckerman Law. Guided me through the whole process and came out with a better outcome than I could have ever imagined! Incredibly professional and easy to work with from start to finish.
- Mr. Zuckerman is a great lawyer works very hard for his clients and treats everyone with respect.
- Jason Zuckerman isn’t just a fantastic attorney, he’s a good person who cares about the injustices his client is suffering through. He often called just to make sure I was ok. But when my agency played games with him, he was relentless and tough. To this day I am awed by his dedication and support.
WHEN REVIEWING INFORMATION ABOUT TESTIMONIALS OR STATEMENTS REGARDING A LAWYER’S QUALITY, CONSIDER THAT 1) THE FACTS AND CIRCUMSTANCES OF YOUR CASE MAY DIFFER FROM THE MATTERS IN WHICH RESULTS AND TESTIMONIALS HAVE BEEN PROVIDED; 2) ALL RESULTS OF CASES HANDLED BY JASON ZUCKERMAN ARE NOT PROVIDED AND NOT ALL CLIENTS HAVE GIVEN TESTIMONIALS; AND 3) THE TESTIMONIALS PROVIDED ARE NOT NECESSARILY REPRESENTATIVE OF RESULTS OBTAINED BY JASON ZUCKERMAN OR OF THE EXPERIENCE OF ALL CLIENTS OR OTHERS WITH JASON ZUCKERMAN. EVERY CASE IS DIFFERENT, AND EACH CLIENT’S CASE MUST BE EVALUATED AND HANDLED ON ITS OWN MERITS.
Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers
SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award
Sexual Harassment Survival Guide for Employees
Zuckerman has authored or co-authored several articles about whistleblower rights and protections, including the following:
- Whistleblower Protections Under the National Defense Authorization Act, Practical Law (August 2017)
- 15 Years Of SOX: A Whistleblower Promise Unfulfilled, Law 360 (August 2017)
- One Billion Reasons Why The SEC Whistleblower-Reward Program Is Effective, Forbes (July 2017)
- Sarbanes-Oxley 15 Years Later: Accountants Need to Speak Up Now More Than Ever, Going Concern (July 2017)
- Shkreli Trial Reveals the Challenges Faced by Compliance Whistleblowers, The Compliance and Ethics Blog (July 2017)
- SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award, National Law Review (June 2017)
- Comey Testimony Shows Value Of Whistleblower Protections, Law 360 (June 2017)
- Auditors’ and accountants’ guide to SEC whistleblower awards, Accounting Today (April 2017)
- Draining the Swamp Requires Robust Whistleblower Protections and Incentives, Emory Corporate Governance and Accountability Review (Jan. 2017)
- The Rise of Cybersecurity Whistleblowing, NYU Law Compliance & Enforcement Blog (December 2016)
- Boosting Contractor Employee Whistleblower Protections, Law 360 (December 2016)
- SOX Win Shows Strong Need For Whistleblower Protections, Law 360 (November 2016)
- Whistleblower Protections Under the Whistleblower Protection Act, Practical Law (October 2016)
- DOL Clarifies Burden-Shifting Framework For Whistleblowers, Law 360 (October 2016)
- Cybersecurity Whistleblowing: What Employees at Public Companies Should Know Before Reporting Information Security Concerns, ISSA Journal (June 2016)
- The Evolution Of SOX: A Powerful Remedy For Retaliation, Law 360 (May 2016)
- Whistleblower Protections and Incentives for Auditors and Accountants, Accounting Today (May 2016)
- 2016 Annual Update on the Whistleblower Provisions of SOX, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2016)
- Recent Developments in Whistleblower Law, ABA 9th Annual Section of Labor & Employment Law Conference, November 7, 2015
- SOX Whistleblower Protections Are Not Obsolete, Law 360 (September 2015)
- Dodd-Frank Whistleblower Program: A Game Changer for Securities Enforcement, Best Lawyers Business Edition (July 2015)
- 5 Years Of Dodd-Frank Taking Stock, Law 360 (July 2015)
- SEC Issues Landmark Order Barring Gag Clauses, ABA Section of Labor and Employment Law Flash (June 2015)
- Sixth Circuit Hands A Landmark Victory To SOX Whistleblowers, Law 360 (June 2015)
- Tax Whistleblower Statute: Obtaining Meaningful Appeals Through the Appropriate Scope of Review, Florida State University Law Review, Vol, 42, No. 3 (Spring 2015)
- De Facto Gag Clauses- The Legality of Employment Agreements That Undermine Dodd-Frank’s Whistleblower Provisions, ABA J. Labor & Employment Law, Vol. 30, No. 1, 2014
- 2015 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2015)
- A Year For Whistleblower Rewards And Protections, Law 360 (December 2014)
- Developments and Trends in Sarbanes-Oxley and Dodd-Frank Whistleblower Litigation, ABA 8th Annual Section of Labor & Employment Law Conference, November 6, 2014
- Recent Developments in Whistleblower Law, 44th Annual VBA Conference of Labor Relations and Employment Law, September 12, 2014
- Whistleblower Support in Practice, a chapter in The International Handbook on Whistleblower Research(Edward Elgar Publishing 2014)
- 2014 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2014)
- D.C. Whistleblower Protection Act, a chapter in the D.C. Practice Manual (D.C. Bar Publications)
- The U.S. Office of Special Counsel’s Role in Protecting Whistleblowers and Serving as a Safe Channel for Government Employees to Disclose Wrongdoing, National Employment Lawyers Association October 2013 Conference
- 2013 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2013)
- Congress Strengthens Whistleblower Protections for Federal Employees, ABA Section of Labor and Employment Law (December 2012)
- 2012 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2012)
- DC’s Amended Whistleblower Protection Act, BNA Daily Labor Report (September 2011)
- Whistleblowers: What Protections And Forms of Relief Are Available For Foreign-Based Employees, ABA Section Of International Law Spring 2011 Meeting (March 2011)
- 2011 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2011)
- The Maryland False Health Care Claims Act of 2010, Maryland State Bar Association Fall Newsletter (December 2010)
- Whistleblower Protection In New Food Safety Bill, Law360 (December 2010)
- Litigating Claims Under the Uniformed Services Employment and Reemployment Rights Act, Employee Advocate (Fall 2010)
- Dodd-Frank Act’s Substantial Expansion of Whistleblower Law, American Bar Association Section of Labor and Employment Law Winter 2010 Newsletter
- New Tools to Combat Whistleblower Retaliation, Taxpayers Against Fraud Education Fund Quarterly Review, Vol. 57 (October 2010)
- Whistleblower Provisions Of The Dodd-Frank Act, Law360 (July 2010)
- Congress Enacts Robust Whistleblower Protections To Prevent Fraud In Stimulus Spending, Employee Advocate (May 2010)
- Whistleblower Protections Under Health Care Bill, Law360 (April 2010)
- 2010 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2010)
- Federal Whistleblower Protections for Transportation Employees, The Employee Advocate (Spring/Summer 2009)
- SOX- A Robust Remedy For Whistleblowers, Law360 (August 2009)
- Whistleblower Protection in the Airline Industry, Avvo (September 2009)
- Whistleblower Protection in the Nuclear Industry, Avvo (September 2009)
- Protections for Whistleblowers in the Public Transportation Industry, Avvo (September 2009)
- Protections for Whistleblowing about Consumer Product Safety, Avvo (September 2009)
- Representing Whistleblowers in Adler Wrongful Discharge Actions, Maryland Bar Journal (July 2009)
- Questions and Answers About the Qui Tam Provision of the False Claims Act, The Practical Lawyer (June 2009)
- Strategies for Defending Against Non-Compete Litigation, Virginia State Bar’s Litigation News (June 2009)
- DOL ARB Decision Reinvigorates Sarbanes-Oxley Whistleblower Protection, 7 Workplace L. Rep. (BNA) No. 475 (April 2009)
- Blowing the Whistle on Tax Fraud Reaps Rewards, SmartPros Ethics & Compliance Insights (March 2009)
- Stimulus Fund Safeguards For Whistleblowers, Law360 (February 2009)
- 2009 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2009)
- The Insider: Legal Ethics in Whistleblower Cases, Fairfax Bar CLE (2009)
- The Financial Crisis: Whistleblowers Could Have Helped Avert It, Ethics Today (October 2008)
- New Protections for Consumer Safety Whistle-blowers, American Bar Association Section of Labor and Employment Law Newsletter Vol. 37, No. 1 (Fall 2008)
- Win for Whistleblowers, National Law Journal (September 2008)
- The Umpires Strike Back, Legal Times (June 2008)
- Protecting the Whistleblower, Corporate Responsibility Officer (February 2008)
- 2008 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2008)
- Seven Questions For Sarbanes-Oxley Whistleblowers To Ask, The Practical Lawyer (October 2007)
- SOX’s Whistleblower Provision–Promise Unfulfilled, Securities Litigation Reporter Vol. 4, Issue 7 (July/August 2007)
- 2007 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2007)
- Six Steps to Limiting Sarbanes-Oxley Whistleblower Liability, IT Business Edge (January 2007)
- Representing Whistleblowers, The Docket (November 2006)
- Protect the Whistleblower, National Law Journal (June 2006)
- 2006 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (February 2006)
- Whistleblower Protections in the Nonprofit Sector, Nonprofit Risk Management Center (September 2005)
- 2005 Annual Update on the Whistleblower Provisions of the Sarbanes-Oxley Act of 2002, American Bar Association Section of Labor and Employment Law Subcommittee on the Sarbanes-Oxley Act of 2002 (January 2005)
- Litigating Whistleblower Cases Before the DOL from the Employee’s Lawyer’s Perspective, course material for the August 2005 ABA Section of Labor and Employment Law’s Annual Meeting and for a December 2004 District of Columbia Bar program titled “Litigating Whistleblower Complaints Before the U.S. Department of Labor
- Whistleblower Protection Programs for Associations, Association Management (June 2004)
- Minimizing Risk of Whistleblower Retaliation Claims, Translaw (Spring 2004)
- Litigating Whistleblower Cases, a chapter in Whistleblowing: The Law of Retaliatory Discharge (BNA Books 2004)
- Highly recommend
- Very professional and paid great attention to detail