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As a National Trial Lawyers Top 100 Trial Lawyer, Scott Oswald has litigated nearly fifty trials to verdict and recovered more than $90 million in judgments and settlements in employment and whistleblower actions. Mr. Oswald, a graduate of The Trial Lawyers College, is an accomplished trial lawyer in whistleblower protection, qui tam, wrongful discharge, employment discrimination, FMLA, USERRA, non-compete, and wage and overtime actions in federal and state courts, including a $57 million False Claims Act settlement, a $466,816 Equal Pay Act verdict, a $1,000,000 sexual harassment jury verdict, a $282,000 District of Columbia Whistleblower Protection Act jury verdict, a $579,338 Family and Medical Leave Act (FMLA) jury verdict, a $101,000 Title VII/Equal Pay Act jury verdict, a $1,134, 886.86 Wage Payment Act judgment, a $650,000 retaliation jury verdict, an $819,000 False Claims Act Whistleblower Retaliation jury verdict, and numerous settlements exceeding $1,000,000.
Mr. Oswald is an innovator in using whistleblower anti-retaliation laws to obtain money damages for whistleblowers. Notably, Mr. Oswald was Sheila Kalkunte’s lead trial counsel in her groundbreaking Sarbanes-Oxley (SOX) whistleblower retaliation claim, which was the first successful SOX retaliation trial verdict to withstand appeal. Mr. Oswald was Dr. Weihua Huang’s trial counsel in the first reported successful jury verdict under the whistleblower retaliation provisions of the False Claims Act since the 2009 Fraud Enforcement and Recovery Act. Mr Oswald was counsel in the first federal court Dodd Frank Act anti-retaliation suit to withstand a motion to dismiss and proceed to discovery.
Mr. Oswald uses the protections afforded whistleblowers to prevent employers from wrongfully terminating whistleblowers’ employment. For example, Mr. Oswald was Dr. Ning Shen’s counsel in her successful action to prevent the United States Department Veterans Affairs from terminating her employment while she litigated her employment claims.
Mr. Oswald is one of the few attorneys to prosecute a Maryland wrongful discharge claim to a winning jury verdict and to prosecute a Maryland retaliation claim to a winning punitive damages jury verdict. His successes have been chronicled and comments featured in numerous publications including The Wall Street Journal, The Washington Post, The National Law Journal, The Federal Times, BNA’s Daily Labor Report, LawyersUSA, Employment Law360, Virginia Lawyers Weekly, Workforce Management Magazine, Washington Lawyer Magazine, Medical Practice Compliance Alert, Crain’s Detroit Business, Human Resource Executive and LegalBiz Now.
Mr. Oswald’s cases have helped establish the vanguard of employment and whistleblower law for federal employee whistleblowers – Drake v. USAID, Miller v. TSA; SOX whistleblowers – Kalkunte v. DVI, Leznik v. Nektar, Stone v. IL; Feldman v. LEA; Qui Tam whistleblowers – Glynn v. IST, Mann v. H&K; Nuclear whistleblowers – Smith v. Duke Energy; those who have suffered workplace discrimination because of their age – Inman v. Klockner-Pentaplast; gender –Murtagh-Cooke v. U.S., Kennedy v. Virginia Tech; disability – Summers v. Altarum; race and national origin – Kumar v. Hilton Hotels Corp.; sexual orientation – Altan v. IK Retail Group; protected activity – Weintraub v. MHASM; and those who have been wrongfully discharged – Miller v. Washington Workplace, McFarland v. VRSCC, Randolph v. ADT. Mr. Oswald’s cases have helped define the contours of laws that protect employees who have had their wages or benefits unlawfully withheld – Risteen v. YFU, Sharer v. Tandberg. Mr. Oswald also has been at the forefront of the fight against forced arbitration of employment claims: Shaffer v. ACS, Booker v. Robert Half International.
Mr. Oswald is recognized as one of the Best Lawyers in America and a Super Lawyer in the category of Employment Litigation. He is recognized as one of the “Top Ten Employment Lawyers” in the Washington, D.C. Metropolitan Area by Top Ten Leaders. He is an American Lawyer Magazine “Top Rated Lawyer.” Mr. Oswald has been awarded a Martindale Hubbell AV® Preeminent™ Peer Review rating and is rated 10 out of 10 by Avvo.
Mr. Oswald serves as co-chair of the Complex Litigation Subcommittee of the Employment Rights and Responsibilities Committee of the American Bar Association’s Section of Labor and Employment Law. He is the immediate past president of the Metropolitan Washington Employment Lawyers Association. He served as the 2011 Employee-Representative Chair of the D.C. Superior Court Whistleblower Protection Act Jury Instruction Committee and as a member of the 2010 District of Columbia Judicial and Bar Conference Planning Committee. Mr. Oswald is a member of the National Employment Lawyers Association’s Executive Compensation, Trial Advocacy, and Whistleblower Committees.
Mr. Oswald, who holds a Top Secret security clearance, lectures extensively on employment and whistleblower law, especially on the trial of employment and whistleblower protection claims in state and federal courts under the False Claims Act, the Dodd-Frank Act, the Sarbanes Oxley Act, FMLA, Title VII, ADEA and wrongful discharge and termination in violation of state public policy. He is the faculty chair of The D.C. Bar’s “Changing Currents in Employment Law” CLE and a regular panelist on the D.C. Bar’s “Fundamentals of Employment Law” series and is asked to speak regularly on ways to maximize damages recoveries in the trial of employment and whistleblower protection claims. To that end, in 2010 The Equal Employment Opportunity Commission invited Mr. Oswald to testify on the remedies that the EEOC should seek in its federal court enforcement of the Age Discrimination in Employment Act of 1967 (ADEA), and in 2011 the Department of Labor, Occupational Safety and Health Administration invited Mr. Oswald to guide it in restructuring its Whistleblower Protection Program.
Mr. Oswald has authored numerous articles on federal and state whistleblower and employment law protections. He authors a chapter on The District of Columbia Whistleblower Protection Act and Exceptions to The Doctrine of Employment At Will for the D.C. Practice Manual and is the editor of the Whistleblower Law Blog. Mr. Oswald has authored numerous amicus curiae briefs on whistleblower protection and employment discrimination issues including Lawson v. FMR LLC (which argues to the U.S. Supreme Court on behalf of the National Employment Lawyers Association for broad employer coverage under the anti-retaliation provisions of the Sarbanes-Oxley Act) VanBuren v. Grugg (which argued for – and the Virginia Supreme Court adopted – individual manager liability under the tort of wrongful discharge in violation of Virginia public policy); Jordan v. IBM (which argued for a broad application of the anti-retaliation provisions of Title VII), Johnson v. Siemens (which argued – and the court later held – that subsidiaries of publicly traded companies are covered entities under, and therefore subject to, the Sarbanes Oxley Act’s anti-retaliation provisions), Bonds v. Leavitt (which argued for – and the court later followed – an expansive interpretation of the term “disclosures” in the Whistleblower Protection Act to guarantee maximum protection for government whistleblowers), Villanueva v. Core Laboratories NV (which argued for an extraterritorial application of anti-retaliation provisions of the Sarbanes-Oxley Act ) and is active in efforts at the national and state level to strengthen legal protections for whistleblowers and employees.