Whistleblower attorney Jason Zuckerman will speak at a BNA Bloomberg webinar titled “Trying Sarbanes-Oxley Whistleblower Retaliation Cases” on Thursday, April 20, 2017 from 12:00 PM to 1:30 PM ET. To register, click here.
This year a jury awarded Sanford Wadler, the former General Counsel of a public company, approximately $11M in damages in a Sarbanes-Oxley (SOX) whistleblower case. And SOX cases are increasingly going to trial and exposing companies to uncapped compensatory damages and punitive damages where the plaintiff also brings a common law wrongful discharge claim. Leading whistleblower law practitioners, including one of Wadler’s attorneys and the Co-Chair of Proskauer’s Whistleblowing & Retaliation Group, will share their insights and tips for prosecuting and defending whistleblower retaliation cases. Topics include:
• How metadata proving pretext can play a pivotal role in motivating a jury to award large damages.
• Individual liability under the SOX anti-retaliation provision, including the liability of corporate directors.
• Whether SOX whistleblowers can use privileged information to prove their claims.
• Evidentiary issues that arise often in SOX cases.
• The scope of protected conduct under SOX.
• The burden-shifting framework under SOX.
• Avoiding privilege waiver in collateral proceedings.
• Learn about the burden-shifting framework in SOX cases
• Develop trial themes for SOX whistleblower retaliation cases
• Identify key damages issues that arise in SOX cases
Who would benefit most from attending this program?
In-house counsel and compliance professionals; potential whistleblowers; legal professionals working with Sarbanes-Oxley.
JASON ZUCKERMAN, PRINCIPAL, ZUCKERMAN LAW
Mr. Jason Zuckerman litigates whistleblower retaliation, qui tam, wrongful discharge, discrimination, non-compete, 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 Mr. 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. He is proud of the results he has achieves for clients in a wide variety of employment matters, but just as importantly, he is proud of the high level of customer services that he aims to provide to every client.
Mr. 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, and the United States District Courts for the District of Columbia, the Eastern District of Virginia, and the District of Maryland. He earned his J.D. from the University of Virginia, where he served as Articles Editor of the Virginia Journal of Law and Technology, and his B.A., magna cum laude, from Georgetown University.
STEVEN J. PEARLMAN, PARTNER, PROSKAUER ROSE
Steven Pearlman is a partner in the Labor & Employment Law Department and co-head of the firm’s Whistleblowing & Retaliation Group. Steven’s practice focuses on defending complex employment litigation involving claims of discrimination, harassment and retaliation; wage-and-hour laws; breach of employment contract; and restrictive covenants (e.g., non-competition agreements). Steven is also at the forefront of defending whistleblower retaliation claims, and routinely conducts investigations arising from whistleblower reports. He has successfully testified in defense of his investigations in federal court. In addition, he has successfully tried cases to verdict in Illinois, Florida and California, and defended what is reported to be the largest Illinois-only class action in the history of the U.S. District Court for the Northern District of Illinois.
Steven is recognized for his accomplishments and thought leadership in the field of labor and employment law. He was one of two lawyers named to the Ethisphere “Attorneys Who Matter” list in the area of labor and employment, one of five U.S. lawyers selected by Law 360 as a “Rising Star Under 40” in the area of employment law and one of “40 Illinois Attorneys Under Forty to Watch” selected by Law Bulletin Publishing Company from a field of 1,200 nominees. He has also been named as an Illinois Super Lawyer and recognized by The U.S. Legal 500. Also, Steven is a 2014 Burton Award Winner (U.S. Library of Congress) for “Distinguished Legal Writing.” In addition, Steven was named to the Law 360 Employment Editorial Advisory Board (2014 and 2015). Steven was appointed to serve as a Special Assistant Attorney General for the State of Illinois in employment litigation matters. The U.S. Department of Labor (DoL) Administrative Review Board has invited him to serve as a stakeholder in its rule-making and related proceedings and to serve in an amicus curiae capacity. A sought-after commentator, Steven has presented alongside the Solicitor of the DoL, appeared on Bloomberg News (television and radio), is regularly quoted in leading publications such as The Wall Street Journal and serves as an editor of Proskauer’s Whistleblower Defense Blog.
In addition, the RAND Corporation (one of the world’s leading think-tanks) selected Steven to present at an exclusive symposium comprised of some of the most influential thought leaders and policy makers, including top officials at the Securities and Exchange Commission, on whistleblower laws and related policy issues on the eve of the issuance of the regulations to the Dodd-Frank whistleblower provisions. Steven is deeply committed to providing pro bono services to individuals who are unable to afford legal resources.
KEVIN B. CLUNE, PARTNER, KERR & WAGSTAFFE LLP
Kevin Clune’s practice focuses on employment law and First Amendment/Media-Law-related matters. Kevin has won important victories on behalf of clients at the trial level in state and federal courts, and on appeals before the Ninth Circuit, the California Supreme Court, and the United States Supreme Court. His cases are often of substantial public importance, and articles about them have been featured in the San Francisco Chronicle, Time Magazine, Bloomberg News, Washington Post, and New York Times.
Prior to joining Kerr & Wagstaffe, Kevin was Of Counsel with the Legal Aid Society – Employment Law Center in San Francisco, where he defended the rights of employees discriminated against on the basis of sexual orientation, national origin, and citizenship. He later joined the Employment Law Center’s Board of Directors. Before his work with LAS-ELC, Kevin was an attorney with the law firm of Gibson, Dunn & Crutcher in San Francisco. He also served as a judicial clerk for the Honorable John C. Coughenour, U.S. District Court for the Western District of Washington in Seattle.