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Whistleblower Attorneys Representing Executives and Professionals

The leading whistleblower lawyers at Zuckerman Law have extensive experience representing corporate whistleblowers, including CEOs, CFOs, CISOs, CCOs, CMOs, CAOs, and other senior professionals. We have secured SEC whistleblower rewards for executives through our effective representation of whistleblowers at the SEC.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area in the 2022 edition “Best Law Firms.” In 2019, the National Law Review awarded Jason Zuckerman its “Go-To Thought Leadership Award” for his analysis of developments in whistleblower law.  And Washingtonian magazine has named two of our attorneys top whistleblower lawyers. Click here to read testimonials from CEOs, CFOs, and other senior professionals that we have represented.

Through litigation or negotiation, our attorneys have obtained substantial recoveries for C-suite whistleblowers.  Prior representations include:

• Secured 8 SEC whistleblower awards.
• Obtained 3 settlements of SOX whistleblower matters in excess of $4M and 8 settlements of SOX retaliation claims in excess of $1M.
• Secured settlement of whistleblower retaliation claims for CFO at a publicly-traded company in excess of $2M.
• Obtained substantial settlements for in-house attorneys in Sarbanes-Oxley whistleblower matters.
• Obtained settlements for senior officials at government contractors and grantees in False Claims Act and NDAA whistleblower retaliation cases.

Recently the Association of Certified Fraud Examiners published a profile of SEC whistleblower lawyer Matt Stock’s success working with whistleblowers to fight fraud:

Whistleblower Protections for Corporate Officers and Executives

Based on our extensive experience representing corporate executives and senior professionals, we understand what is at stake when you suffer retaliation — your career, reputation, and livelihood are potentially on the line.  Fortunately, there are robust legal protections for corporate whistleblowers, including:

• Sarbanes-Oxley whistleblower protection;
• Dodd-Frank whistleblower protection; and
• False Claims Act and NDAA whistleblower protection.

Damages in whistleblower retaliation cases can be substantial, including lost pay, reputational harm, lost future earnings, and emotional distress damages.  Some state whistleblower protection statutes and common law actions authorize punitive damages.

Click here to see examples of damages awards in whistleblower retaliation cases.

For more information about SOX whistleblower protection, download our guide Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers:

Damages Executives Can Recover in Whistleblower Retaliation Cases

The retaliatory termination of a corporate executive for whistleblowing can derail an executive’s career and significantly harm the executive’s reputation and job prospects, thereby resulting in a significant loss of future income.  It is critical to identify all damages and to develop an effective strategy to maximize damages, including the following:

• lost stock options;
• front pay/future earnings;
• lost benefits;
• lost bonuses;
• emotional distress damages
• reputational harm; and
• punitive damages.

Our team of leading whistleblower lawyers represents corporate officers, executives, and senior professionals in high-stakes whistleblower retaliation cases, including in Sarbanes-Oxley whistleblower retaliation claims.

Whistleblower Rewards or Incentives for C-Suite Executives

Corporate executives can be eligible for whistleblower awards under the False Claims Act or under the SEC whistleblower program, CFTC whistleblower program, or IRS whistleblower program.

Corporate officers and executives can be eligible for SEC whistleblower awards, but they must comply with the rules implementing Section 21F-4 of the Securities Exchange Act.  In particular, they can submit original information and become eligible for an award if:

• they reasonably believe the disclosure is necessary to prevent conduct likely to cause “substantial injury” to the financial interest or property of the entity or investors;
• they reasonably believe the entity is engaging in “conduct that will impede an investigation of the misconduct”; or
• at least 120 days have passed either since they properly disclosed the information internally, or since they obtained the information under circumstances indicating that the entity’s officers already knew of the information.

As discussed in our articles, the SEC whistleblower program has become a very effective enforcement tool for the SEC.  But very few whistleblowers have received awards, which underscores the importance of having experienced counsel represent a whistleblower effectively at the SEC.

• MarketWatch: More than 33,000 tips, $2.5 billion in financial remedies and $500 million in awards to investors — the SEC’s whistleblower program turns 10 years old today
• Going Concern: Here Are 6 Reasons Why the SEC Whistleblower Program Is Successful
• National Law Review: 5 Ways that Experienced SEC Whistleblower Law Firms Can Effectively Advocate for Whistleblowers
• D&O Diary: How the SEC Whistleblower Program Has Changed Corporate Compliance and SEC Enforcement
• Forbes: One Billion Reasons Why The SEC Whistleblower-Reward Program Is Effective

For more information about SEC whistleblower awards, download our guide SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award

Exceptional Service for Corporate Whistleblowers

We strive not only to deliver exceptional results for our clients, but also provide the highest level of customer service. You deserve an advocate who will always apprise you of new developments, consistently seek your input and provide clear explanations of your options so that you make informed strategic decisions.  Below is a sample of client reviews from corporate executives, including CFOs, that we represented. See additional reviews on Avvo.

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.

• 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.
• Thank the Lord I found Jason Zuckerman. I was in a bad situation; I was put on leave from my company after reporting to the Board of Directors that the CEO asked me to make some questionable accounting entries (I was the CFO). The company took the CEO’s side and I was left out in the cold by trying to do the right thing. I was left hanging on leave and being interviewed by a company hired investigator. I found Jason and he immediately put me at ease and took over. All of a sudden the company was on the defensive and I was on the offensive. It was over in two weeks.  Jason was there for me the whole way and was sincerely interested in me as a human being as opposed to just a contingency fee.Like I said, simply the best.
• 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.

Does the Sarbanes Oxley Act Whistleblower Law Protect Executives Against Retaliation?

Click here to learn more about anti-retaliation protections for SEC whistleblowers under the Dodd-Frank Act and Sarbanes-Oxley Act.

SEC Whistleblower Process

Top-Rated Whistleblower Attorneys Protecting Executives, Professionals, and Senior Managers

The whistleblower lawyers at Zuckerman Law have substantial experience litigating whistleblower retaliation cases.  To schedule a free preliminary consultation, click here or call us at 202-262-8959.

Recently Washingtonian magazine named two of our attorneys top whistleblower lawyers. U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 Law Firm in the Washington D.C. metropolitan area.

SEC Whistleblower-Reward Program is a Critical Tool to Combat EB-5 Investment Fraud

Quiros to Pay $84 Million for EB-5 Investment Fraud On February 2, 2018, the U.S. Securities and Exchange Commission (SEC) announced an $84 million settlement … Continued

Third Circuit False Claims Act Retaliation Decision May Spur an Increase in NDAA Retaliation Claims

  In a recent decision, Third Circuit affirmed the dismissal of a False Claims Act (FCA) retaliation claim, holding that FCA retaliation claims require a … Continued

Suffered Sex Harassment? Call us today for a free confidential consultation 202-262-8959 

According to a recent EEOC report, approximately 40% of women have experienced one or more specific sexually-based behaviors in the workplace, such as unwanted sexual attention or sexual coercion.  Sexual harassment remains far too prevalent and we are dedicated to combating harassment and obtaining justice for our clients.  You do have options and we are here to help you.

Top-Rated Workplace Sexual Harassment Attorneys Maryland Washington DC Virginia

Zuckerman Law is committed to recovering the maximum damages available for victims of sex harassment and holding the perpetrators accountable.  The experienced, trial-tested attorneys at Zuckerman Law are ready to fight for you.  To learn more about your rights, download our free ebook Sexual Harassment Survival Guide for Employees.

If you have suffered sexual harassment, call us for a free confidential consultation at (202) 262-8959, or email us by clicking here.

Client Reviews of Sex Harassment Lawyer Jason Zuckerman

We are proud of our commitment to exceptional client service, including our prompt response to all client inquiries and zealous advocacy for victims of harassment.  Recently Avvo awarded Jason Zuckerman its Client Choice Award based on client reviews.  The following two reviews were provided by former clients of Jason Zuckerman concerning sexual harassment matters:

“I truly can’t say enough good things about Jason and his team – they are incredibly effective, professional, and consistently wonderful to work with, even in very high-pressure circumstances. Jason and his colleagues were exceptionally patient with and responsive to my concerns, consulting with me on every step of the process and explaining different options. Beyond their impeccable legal representation and client advocacy, I also felt personally cared for and supported during what was a particularly nightmarish experience of workplace harassment. When needed, they also devoted significant extra time and effort to my case to ensure that my interests were protected. I am incredibly grateful for their representation and wholeheartedly recommend Zuckerman Law to anyone seeking justice in employment-related matters.”

“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, Jasonwas 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.”

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Sexual Harassment and Gender Discrimination in Banking and Financial Services

The male-dominated, fiercely competitive culture of Wall Street and the financial services sector has long been rampant with egregious sex harassment and gender discrimination.  Indeed, some of the largest recoveries in discrimination and harassment cases occurred in the banking industry.  Although progress has been made, there is still a glass ceiling at too many financial services firms that denies promotional opportunities to women and minorities:

• A recent internal Citigroup pay equity review found that median pay for women is 29 percent less than it is for men at the bank.
• And a recent InvestmentNews survey found that nearly 80% of financial advisers believe that sexual harassment is a problem in the financial advice industry.

Banking and Financial Services Sex Harassment and Discrimination Attorneys

Our seasoned employment lawyers have represented employees in the financial services industry in high-stakes employment disputes, including employees at JP Morgan Chase, Goldman Sachs, Wells Fargo, Bank of America, Deutsche Bank, HSBC, and other financial institutions.  We understand the substantial damage that discrimination and retaliation can inflict on your career and how difficult it is to regain your reputation and rebuild your career.

Discrimination or retaliation can detail a career and cause a massive loss of future earnings.  We endeavor to achieve the maximum damages for our clients and are prepared to go the distance to obtain maximum relief and hold the perpetrator accountable.

 

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.  Contact us today to find out how we can help you.

To schedule a confidential consultation, call us today at 202-262-8959, or click here.

Client Reviews of Sex Harassment Lawyer Jason Zuckerman

We are proud of our commitment to exceptional client service, including our prompt response to client inquiries and zealous advocacy.  Recently Avvo awarded Jason Zuckerman its Client Choice Award based on client reviews.  The following two reviews were provided by former clients of Jason Zuckerman concerning sexual harassment matters:

“I truly can’t say enough good things about Jason and his team – they are incredibly effective, professional, and consistently wonderful to work with, even in very high-pressure circumstances. Jason and his colleagues were exceptionally patient with and responsive to my concerns, consulting with me on every step of the process and explaining different options. Beyond their impeccable legal representation and client advocacy, I also felt personally cared for and supported during what was a particularly nightmarish experience of workplace harassment. When needed, they also devoted significant extra time and effort to my case to ensure that my interests were protected. I am incredibly grateful for their representation and wholeheartedly recommend Zuckerman Law to anyone seeking justice in employment-related matters.”

“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.”

See more reviews here.

 

Gender Discrimination in Financial Services and Banking

Glass ceiling HWE infographic

Guide for Victims of Sexual Harassment

Download our free Sexual Harassment Survival Guide for Employees

Combatting Sexual Harassment in Banking and Financial Services: Know Your Rights

Can an employer be held liable for customer sexual harassment? Expand

Yes, courts have held that an employer may be found liable for the harassing conduct of its customers. The focus of the inquiry in a hostile work environment claim, as the name suggests, is on whether the workplace is replete with discriminatory intimidation, ridicule, and insult.  Employers may be held liable in these circumstances if they do not remedy or prevent the hostile work environment about which they knew, or should have known.

What damages or remedies are available for victims of sexual harassment? Expand

Several different types of remedies are available under Title VII of the 1964 Civil Rights Act if you prevail in your sexual harassment claim, including:

• Back pay – the lost pay and benefits you would have received absent the adverse personnel action (e.g., salary from the date of termination or demotion until the date of the trial);
• Compensatory damages – damages to compensate emotional distress and reputational harm that you suffered because of the sexual harassment;
• Punitive damages – damages to punish the company if it acted with malice or reckless indifference;
• Lost future earnings;
• Equitable relief, such as an order reinstating you; and/or
• Attorney’s fee and litigation expenses

Importantly, different federal, state, and local laws may apply to your case and may allow different types and amounts of damages (Title VII, for example, has a cap on the amount of compensatory and punitive damages you can recover).

What is a hostile work environment? Expand

A hostile work environment is another form of sexual harassment.  A hostile work environment is one filled with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.

Can a single incident of harassment suffice to establish liability? Expand

Yes, a single act of severe harassment can be actionable in certain, limited circumstances.  Examples include:

• female supervisor grabbed waiter’s penis through his pockets;
• use of racial epithet such as “ni[**]er”;
• deliberate and unwanted touching of plaintiff’s intimate body parts (for example, where a supervisor shoved employee’s face against his crotch); and
• an extended barrage of obscene verbal abuse.

What is quid pro quo harassment? Expand

Quid pro quo harassment is a type of sexual harassment.  “Quid pro quo” means “this for that” or “something for something” and is a particularly repulsive form of harassment.  It occurs when a supervisor either conditions a job benefit on sexual favors, or punishes the employee for refusing to do so.

It can take many forms and one example is for a supervisor to tell a female employee that the only way she will get (or keep) the job is to have sex with the supervisor.

Quid pro quo harassment can also happen in less stark terms. For example, in the corporate setting a senior manager may dole out plum accounts or assignments, or even promotions, based on whether the female employee agrees to go out to dinner with him, on a date, etc.

What is workplace sexual harassment? Expand

It is illegal to harass an employee because of that person’s sex.  According to the Equal Employment Opportunity Commission (EEOC), this unlawful sexual harassment includes unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Mere teasing or isolated comments/incidents that are relatively minor do not rise to the level of illegal sexual harassment.

Harassment becomes unlawful when the conduct and/or statements become so frequent or severe that it creates a hostile work environment or results in an adverse employment action (for example, firing, demoting, or suspending the victim).

In a sexual harassment case, does it matter if it is a supervisor versus a co-worker who is harassing me? Expand

Yes, the employer may automatically be liable if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.

If a supervisor creates a hostile work environment for an employee (with no adverse action like being fired), then the employer can prevail only if it can prove:

• it reasonably tried to prevent and promptly correct the harassing behavior; and
• the employee unreasonably failed to take advantage of any preventive or corrective opportunities offered by the employer, such as reporting the harassment to the employer.

If a non-supervisory employee harasses another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.

Who is a “supervisor” in sexual harassment cases? Expand

A supervisor is an employee whom the employer has empowered to take tangible employment actions against the victim; that is, to make a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.

How can employees combat harassment at work? Expand

Combating Sexual Harassment

• If there are witnesses to the harassment, work with an attorney to get signed statements corroborating that the harassment took place.
• If there are text messages or emails evidencing harassment, work with an attorney to properly preserve this proof so that it will be admissible at trial.
• Consult the company’s anti-harassment policy and report the harassment.
• Document any retaliation that you experience for reporting the harassment.
• If you are a federal government employee or a state or local (city, county) government employee, different complaint filing procedures may apply.  The EEOC’s website has a handy online assessment tool that provides information on how to file a complaint.
• Be cautious in gathering evidence.  For example, in some states, surreptitious recording is unlawful.
• Document the harm you suffer because of the harassment, including the impact on your personal and professional relationships.
• Talk with an experienced employment attorney to discuss your legal rights and options, including applicable deadlines for filing an EEOC charge of discrimination.

What is the deadline for filing a sex harassment or retaliation claim? Expand

Title VII requires plaintiffs to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of retaliation.  42 U.S.C. § 2000e-5(e)(1).  The limitations period expands to 300 days where the plaintiff has filed a charge with a state or local agency that is authorized to grant or seek relief from the challenged practice.  Federal employees seeking to remedy discrimination, harassment, or retaliation must contact an EEO counselor to initiate a complaint 45 days from the day the discrimination occurred.

What type of retaliation is prohibited against an employee who reports unlawful discrimination or harassment? Expand

The anti-retaliation provision of Title VII proscribes not only tangible employment actions, such as termination of employment, but also any act that would “have dissuaded a reasonable worker from making or supporting a charge of discrimination.”  Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 52, 68 (2006).  Note that retaliatory harassment does not require a showing that the harassment was severe or pervasive.

Is an employer prohibited from retaliating against an employee because the employee reported harassment? Expand

Yes, opposing or reporting unlawful employment actions, including sexual harassment, is protected under Title VII.  Indeed, employees are protected for reporting employment actions that are not unlawful but that an employee reasonably believes to be unlawful. And employees are protected against retaliation for reporting discrimination during an internal investigation.

What is an employer’s affirmative defense in a sex harassment case? Expand

Affirmative Defense in a Sexual Harassment Case

The employer is automatically liable and has no defense if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.

However, an employer does have a defense (known as a Faragher/Ellerth defense) if a supervisor creates a hostile work environment for an employee (but no adverse action is taken against the employee, like being fired).  Under this scenario, the employer may prevail if it proves:

• it reasonably tried to prevent and promptly correct the harassing behavior; and
• the employee unreasonably failed to take advantage of any preventive or corrective opportunities offered by the employer

Finally, if the situation involves a co-worker (non-supervisory employee) harassing another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.

Court Rejects “Duty Speech”/“Fraud Alert” Exception to False Claims Act Whistleblower Protection

  False Claims Act (FCA) whistleblowers have enabled the federal government to recover nearly $30 billion, and in 2017 alone, qui tam cases filed by … Continued

SOX Whistleblower Lawyer Quoted About Sarbanes-Oxley Whistleblower Case

SOX whistleblower lawyer Jason Zuckerman is quoted in American Banker and Financial Planning in article entitled Wells Fargo ends fight with a whistleblower in fake-accounts … Continued

What is a qui tam whistleblower lawsuit?

False Claims Act relators are eligible to receive 10% to 30% of the recovery.  In an intervened case, the relator can obtain 15% to 25% of the recovery, depending upon the extent to which the person substantially contributed to the prosecution of the action.

Is a threat to take a disciplinary action an adverse employment action?

Yes, a threat in response to protected activity can constitute retaliation.  See Stallard v. Norfolk Southern R.R. Co., ARB No. 16-028, ALJ No. 2014-FRS-149, slip … Continued

Is a warning letter an adverse employment action?

Yes, a written warning or counseling session will be considered presumptively adverse where: (a) it is considered discipline by policy or practice; (b) it is … Continued

What is a reverse false claim?

Reverse False Claims Liability Reverse false claims liability arises where an entity or individual avoids the payment of money due to the government, e.g., failing … Continued

What are examples of SOX protected activity (protected whistleblowing)?

SOX Protected Whistleblowing Whistleblowers are protected under SOX for providing information, causing information to be provided, or otherwise assisting in an investigation regarding any conduct … Continued