Litigating Whistleblower Claims at the U.S. Department of Labor

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Presentation transcript:

Litigating Whistleblower Claims at the U.S. Department of Labor SOX, OSHA, and Beyond: Litigating Whistleblower Claims at the U.S. Department of Labor James Culp Regional Solicitor U.S. Department of Labor Dallas, Texas Stephen Fox Polsinelli PC Dallas, TX Jeffrey Heller Associate General Counsel BP America, Inc. Houston, TX Joseph Ahmad Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing American Bar Association, Section of Labor and Employment Law Dallas Bar Association, Business Litigation and Labor & Employment Law Sections October 15, 2015

Topics Covered Welcome and Introductions Overview of DOL Whistleblower Protection Programs and Priorities DOL Process for Investigating and Adjudicating Whistleblower Claims Insights and Tips for Practitioners in DOL’s Whistleblower Protection Programs Questions & Answers

Overview of DOL’s Whistleblower Protection Programs and Priorities History and Context OSHA, Section 11(c) Causation Standard and Burden-Shifting Framework Modern Whistleblower Laws Protection of Foreign Workers

Overview of DOL Process for Investigating and Adjudicating Whistleblower Claims Intake and Pre-Filing Settlement Negotiations Complaint and Response Investigation Preliminary Reinstatement Order and Kick-Out Provisions Administrative Litigation Administrative Review Board

Settlement Negotiations Intake and Pre-Filing Settlement Negotiations Statutes of Limitations Collateral Estoppel and Claim Splitting Individual Liability under SOX Settlement Negotiations FLSA Retaliation

Filing and Responding to the Complaint Form, Manner, and Timeliness of Complaint Iqbal & Twombly Considerations Impact of 2010 SOX Amendments regarding Mandatory Arbitration Position Statement

Investigation (OSHA) Policy on Exchanging Submissions Confidential Materials Vannoy and “Self-Help Discovery” Interviews Pilot ADR Program Approval of Settlement Agreements

Conclusion of Investigation (OSHA) Obtaining OSHA Investigative Materials Preliminary Reinstatement Orders Kick-Out Provisions and De Novo Review Opportunities for Confidential Settlement

Litigating Before OALJ Discovery (Written and Oral) Dispositive Motions and Hearings Compensatory Damages (and Use of Experts) Proposed Findings of Facts and Conclusions of Law Final Order, Fee Petition, and Settlement Program

Administrative Review Board Petition for Review and Waiver Briefing Schedule Joint Record Appeal to Circuit Court of Appeals

QUESTIONS

Contact Information Joseph Ahmad Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing 1221 McKinney, Suite 3460 Houston, TX 77010 Houston, Texas (713) 655-1101 joeahmad@azalaw.com https://www.linkedin.com/pub/joe-ahmad/a/b38/721 James Culp Regional Solicitor US Dept. of Labor 525 S. Griffin Street, Ste. 501 Dallas, Texas  75202 (972) 850-3191 Culp.James@dol.gov Stephen E. Fox Polsinelli PC 2950 N. Harwood, Suite 2100 Dallas, Texas 75201 (214) 661-5582 sfox@polsinelli.com @StephenEFox (twitter) http://www.linkedin.com/in/stephenefox Jeffrey Heller Associate General Counsel at BP America Inc. 501 Westlake Park Blvd. Houston, TX 77079-2604 (281) 366-1412 hellerj1@bp.com

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