Saturday, October 19

7:30–9:00 a.m.

Registration & Continental Breakfast

9:00–10:00 a.m.

What To Know About The SEC & CFTC's Whistleblower Bounty Programs
Speakers: Christopher Ehrman, Daniel J. Hurson & Jordan A. Thomas
This session explores the types of claims that qualify under the Securities & Exchange Commission's (SEC) and Commodity Futures Trading Commission's (CFTC) whistleblower program, the quantity and quality of evidence needed by the SEC and CFTC to investigate a case successfully, current trends in investigation and prosecution of whistleblower disclosures, and policy analysis. This panel offers the opportunity for attendees to discuss with agency and practitioner experts the types of cases they are vetting and filing

10:15–11:15 a.m.

Using The False Claims Act To Change Corporate Conduct
Speakers: Pamela C. Brecht, Jerry E. Martin & Robin B. Potter
Over the past 10 years, False Claims Act (FCA) recoveries by the federal government have topped the multi-billion dollar mark, especially in cases against pharmaceutical giants that have caused the Centers for Medicare and Medicaid Services (CMS) to pay out billions of taxpayer dollars for illegal marketing of drugs and devices. Despite the large penalties and the imposition of Corporate Integrity Agreements, the federal government seems to be prosecuting the same offenders again and again. Is the FCA working to curb corporate misconduct? This panel will explore a variety of policy perspectives, including whether the federal government's enforcement should include civil charges against high-level executives, and whether other mechanisms could be used to incentivize the federal government agencies to play a greater role in enforcement.

11:15 a.m.–12:15 p.m.


Turning Your Employment Claims Into IRS Whistleblower Cases
Moderator: Ann Lugbill
Speakers: Professor Karie Davis-Nozemack, Stephen A. Whitlock & Dean A. Zerbe

Plaintiffs' employment practitioners encounter potential IRS whistleblower claims in the course of representing individuals and groups in ERISA, wage and hour, Equal Pay Act, independent contractor, or discrimination actions, yet do not realize it. These claims often involve employers who have failed to fulfill their obligations to pay federal taxes. This panel will explore the criteria and process for filing an IRS whistleblower claim and representing your client in that process.

 12:15 p.m.–1:25 p.m.

Lunch (On Your Own)
Optional Viewing Of "War On Whistleblowers: Free Press And The National Security State" (Running Time: 1 hr. 6 min.)

 1:30–2:30 p.m

Concurrent Sessions


Representing The National Security Whistleblower In The Realm Of Secrecy
Speakers: Lynne Bernabei, Patrick W. Gookin & Mark S. Zaid
This panel will examine the new provisions protecting national security whistleblowers and offer tips on how to represent national security whistleblowers effectively before offices of inspectors general and Congress, especially when classified information is involved.


Blowing The Whistle On Health & Safety Violations
Speakers: Charles C. Goetsch & Jeffrey L. Needle
Our experts will discuss how to help safety and health whistleblowers who bring claims before the Occupational Safety and Health Administration (OSHA). They will address remedies that are available under various laws enforced by the Department of Labor and through the bypass to U.S. District Court available under some statutes. They will also provide guidance on using procedures available via the National Labor Relations Board, a union grievance, and arbitration, as well as from state whistleblower and tort laws in challenging health and safety violations.

 2:40–3:40 p.m

Concurrent Sessions


It Isn't Just About Title VII: Retaliation Claims Under Other Federal Statutes
Speakers: Carla D. Brown, Margo Hasselman & James H. Kaster
Retaliation claims can arise under a panoply of federal statutes. Veteran litigators will share tips on bringing Affordable Care Act, ADEA, FLSA, and ERISA retaliation claims. They will cover topics as diverse as the difference between opposition and participation claims, the meaning of "inquiry" under ERISA's anti-retaliation provision, and what issues to look for when clients walk through your door.


Representing Clients Before The U.S. Department Of Labor
Speakers: Stephani L. Ayers, The Honorable Luis A. Corchado & Paul O. Taylor
Most of the litigation under federal laws protecting whistleblowers in the private sector takes place before the Department of Labor's Office of Administrative Law Judges (OALJ) and Administrative Review Board (ARB). Our speakers will offer practical tips on litigating whistleblower retaliation claims before the OALJ and ARB, and discuss the OALJ's revised procedural rules and the ARB's new proposed procedural rules. The panel includes two seasoned practitioners and an ARB judge.

3:50–5:05 p.m.

Ethical Considerations In Handling Whistleblower & Retaliation Claims
Speakers: David J. Marshall & Ellen J. Messing
What can you do if your client gives you a "smoking gun" document, but she won't tell you how it came into her hands? Can your client talk to the media about her whistleblowing allegations without running afoul of the law? Our experts will address these and other ethical dilemmas to help you avoid the pitfalls associated with whistleblower litigation.