Jason Zuckerman

Principal
Direct: (202) 262-8959
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Office
1629 K St NW #300
Washington, DC 20006
By Appointment Only
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Jason Zuckerman

Jason Zuckerman litigates whistleblower retaliation, whistleblower rewards, wrongful discharge, and other employment-related claims, and authors the Whistleblower Protection Law Blog. His broad experience includes practicing employment law at a national law firm, serving as a Principal at The Employment Law Group, 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 administration of federal whistleblower protections.

Zuckerman is proud of the results he has achieved for clients in a wide variety of employment matters, including recoveries in excess of $10M under the Sarbanes-Oxley Act whistleblower provision, and the high level of customer service that the firm aims to provide to every client.  Corporate Counsel recently featured Zuckerman in an article titled How to Help a Whistleblower.

Zuckerman is rated 10 out of 10 by Avvo, based largely on client reviews, and rated AV Preeminent® by Martindale-Hubbell based on peer reviews.  He was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015, selected by his peers to be included in The Best Lawyers in America® in the category of employment law (2011-2017), and selected by his peers to be listed in SuperLawyers (2012 and 2015-2017) in the category of labor and employment law. He has lectured extensively on whistleblower law and employment law, especially on Dodd-Frank, Sarbanes-Oxley and False Claims Act actions, and has written several articles on whistleblower protections. 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 a federal court opinion on the scope of Sarbanes-Oxley whistleblower protection. Zuckerman 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.

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. He also 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 has drafted amicus curiae briefs in leading whistleblower retaliation cases, including Palmer v. Canadian Nat’l RailwayPowers v. Union Pacific Railroad, Johnson v. Siemens, Bonds v. Leavitt, and Welch v. Chao, and his advice on whistleblower protections is cited in Financial Statement Fraud: Prevention and DetectionManaging Risk in Communication Encounters: Strategies for the Workplace, and Nonprofit Financial Management: A Practical Guide.

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.

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.

He 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.

 

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.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 of 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 8, 2011

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 for Prosecuting 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: