Successes and Representations

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 in which he co-counseled with other attorneys:

• Obtained settlement of approximately three and a half million dollars in Sarbanes-Oxley whistleblower retaliation case.
• Secured significant ruling from the Department of Labor Administrative Review Board on the causation standard in nuclear whistleblower retaliation actions.  Smith v. Duke Energy Carolinas, LLC, ARB No. 11-003, ALJ No. 2009-ERA-007 (June 20, 2012).
• 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 the Act.  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.
• 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.
• 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 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).
• 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.
• Drafted amicus curiae briefs in Johnson v Siemens (scope of coverage under Section 806 of the Sarbanes-Oxley Act), Bonds v. Leavitt (scope of protected conduct under the Whistleblower Protection Act), and Welch v. Chao (scope of protected conduct under Section 806 of the Sarbanes-Oxley Act).
• Obtained favorable settlement in wrongful discharge claim arising from whistleblower disclosures of cross-contamination of pharamaceuticals 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.