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SOX, OSHA, and Beyond: Litigating Whistleblower Claims at the U.S. Department of Labor John F. Beasley, Jr. JF Beasley LLC Watkinsville, GA Tremain C.

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Presentation on theme: "SOX, OSHA, and Beyond: Litigating Whistleblower Claims at the U.S. Department of Labor John F. Beasley, Jr. JF Beasley LLC Watkinsville, GA Tremain C."— Presentation transcript:

1 SOX, OSHA, and Beyond: Litigating Whistleblower Claims at the U.S. Department of Labor John F. Beasley, Jr. JF Beasley LLC Watkinsville, GA Tremain C. Mattress The Mattress Law Firm Atlanta, GA 1 American Bar Association Section of Labor and Employment Law December 16, 2014 Stanley E. Keen U.S. Department of Labor Atlanta, GA Carla J. Gunnin Jackson Lewis, PC Atlanta, GA Channah Broyde U,S. Department of Labor Atlanta, GA

2 70721444v3.ppt 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 Topics Covered 2

3 70721444v3.ppt History and Context OSHA, Section 11(c) Causation Standard and Burden-Shifting Framework Modern Whistleblower Laws 3 Overview of DOL’s Whistleblower Protection Programs and Priorities

4 70721444v3.ppt Intake and Pre-Filing Settlement Negotiations Complaint and Response Investigation Preliminary Reinstatement Order and Kick-Out Provisions Administrative Litigation Administrative Review Board 4 Overview of DOL Process for Investigating and Adjudicating Whistleblower Claims

5 70721444v3.ppt Statutes of Limitations Collateral Estoppel and Claim Splitting Individual Liability under SOX Settlement Negotiations Intake and Pre-Filing Settlement Negotiations 5

6 70721444v3.ppt Form, Manner, and Timeliness of Complaint Iqbal & Twombly Considerations Impact of 2010 SOX Amendments regarding Mandatory Arbitration Position Statement Filing and Responding to the Complaint 6

7 70721444v3.ppt Policy on Exchanging Submissions Confidential Materials Vannoy and “Self-Help Discovery” Interviews Pilot ADR Program Approval of Settlement Agreements Investigation (OSHA) 7

8 70721444v3.ppt Obtaining OSHA Investigative Materials Preliminary Reinstatement Orders Kick-Out Provisions and De Novo Review Opportunities for Confidential Settlement Conclusion of Investigation (OSHA) 8

9 70721444v3.ppt 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 Litigating Before OALJ 9

10 70721444v3.ppt Petition for Review and Waiver Briefing Schedule Joint Record Appeal to Circuit Court of Appeals Administrative Review Board 10

11 70721444v3.ppt QUESTIONS 11

12 70721444v3.ppt THANK YOU! 12

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