David J. Marshall was a founding partner of Katz, Marshall & Banks (now Katz Banks Kumin) in 2006. He is now retired as an active partner but continues as Partner Emeritus and Of Counsel, working with the firm on certain whistleblower tips before the Securities and Exchange Commission and the Commodities Futures Trading Commission.
Mr. Marshall has successfully represented hundreds of whistleblowers and other employees in the financial, pharmaceutical, nuclear, aviation, railroad, healthcare, medical-device, retail and other industries. He represented some clients in winning awards under the whistleblower-reward programs administered by the SEC, CFTC and DOJ, including one who, in April 2021, was awarded $3.2 million by the SEC for supplying critical information that led to a successful enforcement action against a large financial institution.
Mr. Marshall achieved success for other clients in cases arising under federal and state laws that protect employees against retaliation from their employers for reporting corporate wrongdoing. His important victories in whistleblower cases involved entities such as the Architect of the Capitol (asbestos), Deutsche Bank (financial reporting), the Brown’s Ferry Nuclear Plant (nuclear safety), Lockheed Martin (defense procurement), and the Smithsonian National Air and Space Museum (asbestos). In 2015-2016, Mr. Marshall represented thirteen flight attendants in a whistleblower-retaliation complaint against United Airlines resulting in a March 2016 settlement that reinstated all of them to their jobs.
Over the course of his career, Ms. Marshall established himself as a top whistleblower lawyer, consistently won recognition as a top whistleblower lawyer by Super Lawyers, Washingtonian Magazine and Best Lawyers©. He is rated by Martindale-Hubbell as “AV Preeminent,” its highest possible peer-review rating. In addition to his legal practice, Mr. Marshall has been very active in professional and social-justice organizations, including the American Bar Association, the Public Justice Foundation, Farmworker Justice, and the Government Accountability Project. He has also provided training to government agencies regarding developments in the nation’s whistleblower laws, has appeared in numerous national and local media as an expert in whistleblower law, and has written extensively on whistleblower issues.
Mr. Marshall earned his law degree from Harvard Law School in 1980. From 1981 to 1984, he was a staff attorney with the Political Rights Defense Fund, where he represented trade unionists and political activists nationwide in civil liberties, free speech, defamation, and political asylum litigation. He then worked for 12 years as a steelworker, garment worker, freight railroad conductor and refinery worker, and was a rank-and-file union activist in some of the nation’s largest industries and unions, before returning to the full-time practice of law in 1997.
Thirteen Flight Attendants v. United Airlines (2016)
United Airlines and 13 flight attendants that the company relieved of their duties in October 2014 announced on March 8, 2016, that they reached a resolution to their disagreement. The flight attendants filed a complaint with the U.S. Occupational Safety and Health Administration (OSHA) under AIR 21. As part of the settlement, United will reinstate the flight attendants to their duties and the flight attendants will withdraw their OSHA filing. The remaining terms of the resolution reached between the parties are confidential. Mr. Marshall led the Katz Banks Kumin team responsible for representing the flight attendants.
U.S. ex rel Tracy Lovvorn v. Extendicare Health Services, Inc. (E.D. Pa. 2014)
In October 2014, whistleblower Tracy Lovvorn and the U.S. Department of Justice announced a $10 million settlement of Ms. Lovvorn’s 2010 qui tam lawsuit against a company whose skilled nursing facilities had provided patients with unnecessary therapy for the sole purpose of obtaining higher reimbursements from Medicare. Mr. Marshall led Katz Banks Kumin’ team in representing Ms. Lovvorn jointly with Vogel, Slade & Goldstein. Ms. Lovvorn, who was fired as Extendicare’s Area Director of Rehabilitation for opposing the unlawful practices, received $1.8 million as her relator’s share of the Medicare fraud settlement, plus another $990,000 in settlement of her claims against Extendicare for retaliation and attorneys’ fees.
U.S. ex rel Michael Lindley v. Gallup Organization (D.D.C. 2013)
Mr. Marshall represented whistleblower Michael Lindley in U.S. ex rel. Lindley v. Gallup Organization, a qui tam and retaliation lawsuit that resulted in 2013 in the recovery of $10.5 million in taxpayer funds from a market-research company that called itself “the most trusted name in polling.” Lindley’s lawsuit alleged that, as Gallup’s Director of Client Services, he found that the company was routinely submitting inflated cost projections to U.S. government agencies in connection with market-research contracts, enabling Gallup to reap huge profits for its work. Lindley’s complaint also claimed that Gallup fired him unlawfully after he reported these practices to senior management. Lindley received $1,929,363 as his share of the government’s settlement with Gallup. He resolved his claims of retaliation with the company on confidential terms.
Speegle v. Stone & Webster (U.S. Dept. of Labor ARB 2009)
In September 2009, Mr. Marshall led the Katz Banks Kumin legal team that secured an important victory for whistleblowers in the nuclear energy industry. After Katz Banks Kumin client James Speegle lost his job in 2004 for blowing the whistle on nuclear safety lapses at TVA’s Browns Ferry nuclear plant in Alabama, Mr. Marshall represented Mr. Speegle at trial and on appeal to the U.S. Department of Labor’s Administrative Review Board. In a September 2009 decision reinforcing the rights of nuclear workers to speak out about safety issues without fear of retaliation, the Board reversed the trial judge and ruled Mr. Speegle entitled to “the relief that the Energy Reorganization Act affords to a successful litigant.”
Richard Pullman v. Nat’l Air and Space Museum (U.S. Dept. of Labor ALJ 2009)
In 2008 and 2009, Mr. Marshall represented a Smithsonian worker in a whistleblower lawsuit alleging that management at the Air and Space Museum had retaliated against him for speaking out about dangerous levels of asbestos in the museum’s walls. After lighting specialist Richard Pullman filed his whistleblower complaint under the Clean Air Act, the Smithsonian admitted it had known about the asbestos since 1993 but had not told the workers about the problem. Mr. Marshall and Katz Banks Kumin associate Alexis Ronickher litigated Pullman’s case before the Department of Labor and negotiated a successful settlement in July 2009.
Joe Walters v. Deutsche Bank (U.S. Dept. of Labor ALJ 2009)
In March 2009, Mr. Marshall and associate attorney Maura Dundon won a groundbreaking decision that greatly expanded the coverage of the Sarbanes-Oxley Act’s whistleblower provisions.
Capitol Tunnel Workers v. Architect of the Capitol (Cong. Office of Compliance 2007)
In 2006 and 2007, Mr. Marshall represented ten U.S. Capitol tunnel workers in a whistleblower retaliation complaint against the Architect of the Capitol, which is an agency of the U.S. Congress. The workers charged the Architect with harassing and threatening them after they alerted Congress in March 2006 to the life-threatening levels of asbestos and other hazards they faced while working in the utility tunnels that run beneath the U.S. Capitol. In June 2007, the workers and the Architect agreed to a substantial out-of-court settlement that was later approved by the Congressional Office of Compliance.
Consumer Class Actions
In addition to representing whistleblowers, Mr. Marshall has served as class counsel in a number of consumer class-action lawsuits. In 1999-2000 he played a leading role in class actions against the magazine sweepstakes industry, resulting in a $42 million-dollar settlement. In 2001, along with Georgetown University Law Professor Gary Peller, Mr. Marshall served as co-lead counsel in a nationwide class-action lawsuit against the largest “payday” lender in the U.S. The 2003 settlement in this case, in which Mr.Marshall and Mr. Peller partnered with the AARP Foundation Litigation and leading consumer advocates, relieved low-income borrowers of over $50 million of dollars in debt, distributed cash payments to borrowers, and paid cy pres awards to the National Consumer Law Center, the Community Reinvestment Association of North Carolina, and Texas Rural Legal Aid, Inc. — three organizations that play leading roles in the fight against predatory lending.
Publications
- David Marshall, “SEC breaks new ground, bans employer-imposed waiver of right to whistleblower award,” The FCPA Blog (Aug. 15, 2016).
- David Marshall and Michael Filoromo, “No SEC Whistleblower Awards Yet for FCPA Tips, But Big Incentives Are There,” The FCPA Blog (Mar. 18, 2016).
- David Marhsall, “2016 Sarbanes-Oxley Midwinter Report” (Feb. 19, 2016).
- David Marshall, “SEC Whistleblower Practice Guide” (Feb. 18, 2016).
- Debra Katz and David Marshall, “The Senate ‘Makes Good’ On Congress’ Antitrust Promises,” Law360 (Aug. 6, 2015).
- David Marshall and Michael Filoromo, “2015 Sarbanes-Oxley Midwinter Report,” ABA Subcommittee on the Sarbanes-Oxley Act of 2002 (Feb. 26, 2015).
- Michael Filoromo and David Marshall, “SDNY Widens Split On Dodd-Frank Whistleblower Protection,” Law360 (Dec. 18, 2014).
- David Marshall and Michael Filoromo, “American Bar Association Section of Labor and Employment Law: 2014 Sarbanes-Oxley Midwinter Report,” ABA Subcommittee on the Sarbanes-Oxley Act of 2002 (Feb. 21, 2014).
- David Marshall and Abigail Cook-Mack, “Purloined Documents, Confidential Employer Data, and Counterclaims in Whistleblower Retaliation Cases,” 2013 NELA Winter Seminar (Oct. 19, 2013).
- David Marshall and Alexis Ronickher, “Unwitting Blow To Internal Corporate Compliance Programs,” Law360 (Aug. 8, 2013).
- David Marshall, “Broad Construction of Whistleblower Provision Fulfills Congressional Intent,” Jurist (Jul. 29, 2013).
- David Marshall and Debra Katz, “SEC Must Stop The Latest Effort To Impede Whistleblowers,” Law360 (May 13, 2013).
- David Marshall and Colleen Coveney, “Whistleblower Protections in the Affordable Care Act,” ALI-CLE (May 9, 2013).
- David Marshall, “Sarbanes-Oxley Midwinter Report,” American Bar Association Section of Labor and Employment Law Committee on Federal Labor Standards Legislation (Feb. 20, 2013).
- David Marshall and Alison Asarnow, “Update: Doing Well by Doing the Right Thing: A Whistleblower’s Guide to the SEC Whistleblower Program and the New Rules that Can Lead to Rewards for Reporting Securities Violations,” D.C. Bar CLE Program (Oct. 16, 2012).
- David Marshall, “Sarbanes-Oxley Midwinter Report,” American Bar Association Section of Labor and Employment Law Committee on Federal Labor Standards Legislation (Feb. 17, 2012).
- David Marshall, “Procedures For Handling SOX Retaliation Complaints,” Comment: Occupational Safety and Health Administration Interim Rules (Jan. 3, 2012).
- David Marshall and Andrew Schroeder, “The Big Chill: The Computer Fraud and Abuse Act and Whistleblower Disclosures,” National Law Journal (Nov. 1, 2011).
- David Marshall and Julie Zibulsky, “Recent Improvements in Protections for Sarbanes-Oxley Whistleblowers in the Workplace,” D.C. Bar CLE Program (Oct. 25, 2011).
- David Marshall and A. Asarnow, “SEC whistleblowers Will Protect Investors and Earn Their Awards,” National Law Journal, Jul. 28, 2011.
- David Marshall, “Doing Well by Doing the Right Thing,” Taxpayers Against Fraud Conference (Jul. 24, 2011).
- David Marshall, “Sarbanes-Oxley Whistleblower and Other Federal Retaliation Claims,” NELA Convention (Jun. 29, 2011).
- David Marshall and Matthew Stiff, “Rules for the Dodd-Frank Act SEC Whistleblower Program,” CLE Program (Mar. 15, 2011).
- David Marshall, “New Corporate Whistleblower Protections & Incentives,” D.C. Bar CLE Course (Oct. 26, 2010).
- David Marshall and Michael Filoromo, III, “When Accountants Blow the Whistle: A Brief Overview of Federal and State Protections,” The CPA Journal (May 10, 2010).
- David Marshall and Alexis Ronickher, “Purloined Documents, Confidential Employer Data, and Counterclaims in Whistleblower Retaliation Cases,” Metropolitan Washington Employment Lawyers Ass’n (Mar. 19, 2010).
- David Marshall, “Sarbanes-Oxley, Whistleblower and Retaliation Claims,” ALI-ABA Course on Advanced Employment Law and Litigation (Feb. 18 – 20, 2010).
- David Marshall, “Gross v. FBL Financial Services, Inc., and its Progeny: An Outline Prepared for the ALI-ABA Course on Advanced Employment Law and Litigation,” (Feb. 18 – 20, 2010).
- David Marshall, “The Current State of Whistleblower Law: A Summary for Federal Workers,” Society of Federal Employment and Labor Relations Professionals Conference (Oct. 20, 2009).
- David Marshall, “The Effect of Purloined Documents on Whistleblower Retaliation Cases,” Ninth Annual Taxpayers Against Fraud Education Fund Conference (Oct. 13, 2009).
- David Marshall and Justine Andronici, “Sexual Harassment Law: A Brief Introduction for New Practitioners,” D.C. Bar CLE Course (Oct. 3, 2008).
- David Marshall, “Blowing the Whistle on Nuclear Safety Lapses: Federal Whistleblower Protections,” Katz Banks Kumin (2007)
- David Marshall and N. Williams, “,” CFO Magazine (Aug. 20, 2007).
- David Marshall, “Whistleblowers: Can a Whistleblower Get Justice? Can Her Lawyer Get Paid?,” West Virginia Association for Justice Convention (Jun. 14, 2007).
- David Marshall, “Sarbanes-Oxley Midwinter Report,” American Bar Association Section of Labor and Employment Law Committee on Federal Labor Standards Legislation (Feb. 17, 2012).
- David Marshall, “Procedures For Handling SOX Retaliation Complaints,” Comment: Occupational Safety and Health Administration Interim Rules (Jan. 3, 2012).
- David Marshall and Andrew Schroeder, “The Big Chill: The Computer Fraud and Abuse Act and Whistleblower Disclosures,” National Law Journal (Nov. 1, 2011).
- David Marshall and Julie Zibulsky, “Recent Improvements in Protections for Sarbanes-Oxley Whistleblowers in the Workplace,” D.C. Bar CLE Program (Oct. 25, 2011).
- David Marshall and Alison Asarnow, “SEC whistleblowers Will Protect Investors and Earn Their Awards,” National Law Journal (Jul. 28, 2011).
- David Marshall, “Doing Well by Doing the Right Thing,” Taxpayers Against Fraud Conference (Jul. 24, 2011).
- David Marshall, “Sarbanes-Oxley Whistleblower and Other Federal Retaliation Claims,” NELA Convention (Jun. 29, 2011).
- David Marshall and Matthew Stiff, “Rules for the Dodd-Frank Act SEC Whistleblower Program,” CLE Program (Mar. 15, 2011).
- David Marshall, “New Corporate Whistleblower Protections & Incentives,” D.C. Bar CLE Course (Oct. 26, 2010).
- David Marshall and Michael Filoromo, III, “When Accountants Blow the Whistle: A Brief Overview of Federal and State Protections,” The CPA Journal, May 10, 2010.
- David Marshall and A. Rickher, “Purloined Documents, Confidential Employer Data, and Counterclaims in Whistleblower Retaliation Cases,” Metropolitan Washington Employment Lawyers Ass’n (Mar. 19, 2010).
- David Marshall, “Sarbanes-Oxley, Whistleblower and Retaliation Claims,” ALI-ABA Course on Advanced Employment Law and Litigation (Feb. 18 – 20, 2010).
- David Marshall, “Gross v. FBL Financial Services, Inc., and its Progeny: An Outline Prepared for the ALI-ABA Course on Advanced Employment Law and Litigation,” (Feb. 18 – 20, 2010.)
- David Marshall, “The Current State of Whistleblower Law: A Summary for Federal Workers,” Society of Federal Employment and Labor Relations Professionals Conference (Oct. 20, 2009).
- David Marshall, “The Effect of Purloined Documents on Whistleblower Retaliation Cases,” Ninth Annual Taxpayers Against Fraud Education Fund Conference (Oct. 13, 2009).
- David Marshall and Justine Andronici, “Sexual Harassment Law: A Brief Introduction for New Practitioners,” D.C. Bar CLE Course (Oct. 3, 2008).
- David Marshall, “Blowing the Whistle on Nuclear Safety Lapses: Federal Whistleblower Protections,” Katz Banks Kumin (2007)
- David Marshall and N. Williams, “,” CFO Magazine, Aug. 20, 2007
- David Marshall, “Whistleblowers: Can a Whistleblower Get Justice? Can Her Lawyer Get Paid?,” West Virginia Association for Justice Convention (Jun. 14, 2007).
Speaking Engagements
Handling Whistleblower Claims in 2017 Part 2: Rights of Private Sector Employees
May 16, 2017
Katz Banks Kumin partner David Marshall spoke at a CLE entitled, “Handling Whistleblower Claims in 2017 Part 2: Rights of Private Sector Employees.”
Navigating the Federal Whistleblowing Statutes – Learn from the Experts
March 29, 2017
David J. Marshall participated in a panel at a Boston Bar Association CLE entitled, “Navigating the Federal Whistleblowing Statutes – Learn from the Experts.”
The Plaintiffs’ Counsel Viewpoint: Best Practices for Dealing with Employee Disputes, with a Focus on Whistleblowers
March 23, 2017
David J. Marshall spoke at Northern Virginia Society of Human Resource Management’s 2017 Legal Academy symposium entitled, “HR Legal Issues and the Trump Administration Impact.”
Insights from the Plaintiff Bar on the Profile of a Whistleblower
February 27, 2017
David J. Marshall participated in a panel at Compliance Week and Financial Research Associates’ Whistleblowers and Compliance 2017 conference entitled, “Insights from the Plaintiff Bar on the Profile of a Whistleblower.”
David Marshall Presents on FCA at TAF Annual Conference
September 15, 2016
David J. Marshall presented at the Taxpayers Against Fraud Annual Conference, giving a presentation entitled, ” Retaliation Actions under the False Claims Act.”
Internal Investigations & Compliance: Reducing Your Risk Exposure via Proactive Internal Controls
November 10, 2015
David J. Marshall presented at a conference entitled, “Internal Investigations & Compliance: Reducing Your Risk Exposure via Proactive Internal Controls,” held on November 9-10, 2015.
The SEC Whistleblower Program: Update and Current Issues
March 18, 2015
David J. Marshall chaired a panel entitled “The SEC Whistleblower Program: Update and Current Issues” as part of a day-long symposium on whistleblower law sponsored by the State Bar of Georgia’s Institute for Continuing Legal Education.
SEC Whistleblower Program to Enforce Securities Fraud
February 26, 2015
David J. Marshall participated on a panel called “SEC Whistleblower Program to Enforce Securities Fraud” during a symposium at Georgetown University Law School on “Private Justice in Public Enforcement,” sponsored by the American Criminal Law Review.
Best Practices and Strategies for SEC and CFTC Whistleblower Practitioners
September 15, 2014
David J. Marshall spoke on “Best Practices and Strategies for SEC and CFTC Whistleblower Practitioners” at the 2014 IRS, SEC and CFTC Whistleblower Boot Camp sponsored by the Taxpayers Against Fraud Education Fund in Washington, D.C.
New Developments in Sarbanes-Oxley and Dodd-Frank Whistleblower Retaliation Litigation
July 15, 2014
Partner David J. Marshall serves as a panelist at a D.C. Bar program on “New Developments in Sarbanes-Oxley and Dodd-Frank Whistleblower Retaliation Litigation.”
Reporting Fraud and Fighting Retaliation: Whistleblowers Playing Offense and Defense
April 9, 2014
Katz Banks Kumin partner David J. Marshall joined Rob Vogel to present a one-hour webinar broadcast by the Public Justice Foundation on “Reporting Fraud and Fighting Retaliation: Whistleblowers Playing Offense and Defense.”
Whistleblower Protections Extended in Lawson v. FMR LLC – What Should Employers Expect Next?
April 3, 2014
Gibson Dunn invited Katz Banks Kumin partner David J. Marshall to provide the whistleblower-side perspective at a webcast on “Whistleblower Protections Extended in Lawson v. FMR LLC – What Should Employers Expect Next?”
Whistleblowing Litigation
March 1, 2014
David J. Marshall, a partner with Katz Banks Kumin, presented the whistleblower-side perspective in a panel discussion on “Whistleblowing Litigation” in Washington, D.C.
Key Developments in the Sarbanes-Oxley Act in 2013
February 21, 2014
Katz Banks Kumin partner David J. Marshall presented the whistleblower-side view of “Key Developments in the Sarbanes-Oxley Act in 2013” at the 2014 Midwinter Meeting of the American Bar Association’s Fair Labor Standards Legislation Committee, held at the Fontainebleau Hotel in Miami Beach.
Dodd-Frank’s Sleeper Provisions: What You Need to Know
November 13, 2013
Katz Banks Kumin partner David J. Marshall spoke at a National Law Journal regulatory summit on a panel entitled “Dodd-Frank’s Sleeper Provisions: What You Need to Know.”
Whistleblower Retaliation Issues
October 25, 2013
Katz Banks Kumin partner David J. Marshall spoke at a Taxpayers Against Fraud conference on a panel entitled “Whistleblower Retaliation Issues.”
Shining the Light on Whistleblower & Retaliation Claims
October 19, 2013
Katz Banks Kumin partner David J. Marshall spoke at the National Employment Lawyers Association’s Winter Seminar on a panel entitled “Shining the Light on Whistleblower & Retaliation Claims.”
Best Practices in Handling Sarbanes-Oxley, Dodd-Frank, False Claims Act and Other Sensitive Whistleblower Complaints
June 4, 2013
On June 4, 2013, Katz Banks Kumin partner David J. Marshall served as a panelist at “Best Practices in Handling Sarbanes-Oxley, Dodd-Frank, False Claims Act and Other Sensitive Whistleblower Complaints.”
The Affordable Care Act’s Whistleblower Provisions and OSHA’s Interim Final Rule: What Employers and Counsel Need to Know
May 9, 2013
Katz Banks Kumin partner David J. Marshall served as a panelist in a webinar on May 9, 2013, entitled “The Affordable Care Act’s Whistleblower Provisions and OSHA’s Interim Final Rule: What Employers and Counsel Need to Know.”
The NEW SEC and CFTC Whistleblower Programs: A Summary for Attorneys Pursuing and Defending the New Whistleblower Claims Created by Dodd-Frank
March 20, 2013
On March 20, 2013, Katz Banks Kumin partner David J. Marshall served as moderator for a panel discussion at the Institute for Continuing Legal Education in Georgia entitled “The NEW SEC and CFTC Whistleblower Programs: A Summary for Attorneys Pursuing and Defending the New Whistleblower Claims Created by Dodd-Frank.”
Ethical Use of Employer Data
February 8, 2013
On February 8, 2013, Katz Banks Kumin partner David J. Marshall spoke on a panel entitled “Ethical Use of Employer Data” at the annual meeting of the Metropolitan Washington Employment Lawyers Association.
November 28, 2012
Katz Banks Kumin partner David J. Marshall served as a panelist on a program hosted by the Northern Virginia Technology Council’s General Counsel Committee entitled The False Claims Act, Dodd-Frank and Sarbanes-Oxley: The Wide World of Whistleblowers on Wednesday, November 28, 2012.
October 19, 2012
Katz Banks Kumin partner David J. Marshall was a featured speaker at the New York Certified Fraud Examiners Whistleblower Conference, held at the John Jay College of Criminal Justice in New York City, where he delivered a luncheon presentation billed as “A Leading Whistleblower Attorney Gives his Insights.”
July 24, 2012
Katz Banks Kumin partner David J. Marshall served as a panelist for a program entitled “Strategic Considerations Involved in Litigating Retaliation Claims in Procurement Fraud Cases” on Tuesday, July 24, 2012. The program was hosted by the Procurement Fraud Committee of the American Bar Association’s Section of Public Contract Law.
October 25, 2011
Katz Banks Kumin partner David J. Marshall presented on “Recent Improvements in Protections for Sarbanes-Oxley Whistleblowers in the Workplace” as part of the D.C. Bar’s continuing legal education program on Changing Currents in Employment Law 2011: Recent Trends and Developments.
September 22, 2011
David J. Marshall serves on a panel of two attorneys who represent whistleblowers and two who defend companies against whistleblower claims at OSHA’s national training conference in Orlando, Florida. The conference, which is titled “Protecting and Preserving Voice in the Workplace: Strengthening Whistleblower Protection,” is OSHA’s first national training conference for its 150 whistleblower investigators and 30 related […]
New Corporate Whistleblower Protections & Incentives
September 14, 2011
Katz Banks Kumin partner David J. Marshall presented a paper on “New Corporate Whistleblower Protections and Incentives” to the D.C. Bar. Marshall’s presentation focused on the whistleblower-incentive provisions of the Dodd-Frank Act, which direct the Securities and Exchange Commission to award 10 to 30 percent of its recovery for securities violation to whistleblowers who provide “original information” […]
SEC Whistleblower Program
July 6, 2011
Katz Banks Kumin partner David J. Marshall gave the presentation “Doing Well by Doing the Right Thing” for the panel “New Whistleblower Bounty Provisions Under Dodd-Frank” presented by the District of Columbia Bar Continuing Legal Education Program. Marshall presented the whistleblower perspective on a panel featuring representatives from the SEC and a corporate law firm that represents corporations in SEC […]
Sarbanes-Oxley and Other Federal Whistleblower Laws
July 1, 2011
Katz Banks Kumin partner David J. Marshall presented on “Sarbanes-Oxley Whistleblower and Other Federal Retaliation Claims” as part of a panel of experts on “Rocking Retaliation Laws” at the National Employment Lawyers Association annual convention in New Orleans, LA.
A Review of the Supreme Court Term for Mediators
April 2, 2011
Katz Banks Kumin partner David J. Marshall teams up with Grace Speights, a partner with Morgan, Lewis & Bockius, LLP, to present an update on employment law to a meeting of JAMS mediators from the East coast. Mr. Marshall and Ms. Speights reviewed this term’s employment-law decisions from the U.S. Supreme Court, and Mr. Marshall presented an […]
Dodd-Frank’s Whistleblower Incentives
November 1, 2010
Katz Banks Kumin partner David J. Marshall serves as a panelist on new whistleblower laws at the annual meeting of Taxpayers Against Fraud, the national association of lawyers representing relators in qui tam lawsuits brought under the False Claims Act. Marshall’s presentation highlights the Act’s new incentive program that rewards whistleblowers for providing the SEC with information […]
New Corporate Whistleblower Protections & Incentives
October 26, 2010
Katz Banks Kumin partner David J. Marshall presented a paper on “New Corporate Whistleblower Protections and Incentives” to the D.C. Bar. Marshall’s presentation focused on the whistleblower-incentive provisions of the Dodd-Frank Act, which direct the Securities and Exchange Commission to award 10 to 30 percent of its recovery for securities violation to whistleblowers who provide “original information” […]
Testimonials
“David Marshall represented me in securing a very good outcome in a high–profile, hard–fought whistleblower case against a powerful government agency…”
–– Richard Pullman, an Exhibit Specialist for 27 years at the Smithsonian Air & Space who suffered retaliation after blowing the whistle on the presence of asbestos at the museum
Testimonials Listing
“I am very thankful to David Marshall and Dan Edelman for all of their hard work and efforts in successfully resolving my whistleblower claim against my former employer, a federal credit union. Throughout the entire process, it was very obvious to me that the Katz Banks Kumin team worked together very effectively, and they made a very stressful process for me as positive as possible.
During the mediation session with my former employer, I felt that we were as well prepared as possible and I had high hopes of reaching a fair settlement. I was very pleased with the results, particularly knowing that the credit union had engaged a formidable firm to work in their defense which had been a tough negotiator in the past.
The Katz Banks Kumin team was very professional throughout the process.”
— Former Director of Internal Audit at a federally chartered financial institution
“In 2011 through 2012 I found myself to be in situation that read like a case study from graduate school. I had been recruited and hired by an aerospace firm that served an impressive group of federal customers. Unfortunately, it soon became apparent that my boss was engaging in unethical and illegal behaviour which I subsequently reported to the U.S. government as well as through the corporation’s channels and processes. I found myself a whistleblower and facing retaliation from the corporation. At that time I retained Katz Banks Kumin. The entire team at Katz Banks Kumin were impeccably responsive, knowledgeable and thorough. David Marshall, Dan Edelman, and everyone else at the firm provided flawless counsel, kept me in the loop at all times and we achieved a very favorable outcome. Katz Banks Kumin has my highest possible praise and endorsement for your legal needs and unforeseen challenges.”
— Aerospace executive who reported fraud in government contracts
“I approached Katz Banks Kumin legal when I thought nobody cared about me or the drugs that were going out the door. Katz Banks Kumin legal did care about both the patients we serve and me. They educated me on the process and the respective risks. After engaging Katz Banks Kumin legal, it was like a great burden was lifted; the worry and insecurity of it all went away. David Marshall and Daniel Edelman were outstanding in representing me to a successful outcome. Moreover, I felt that we struck a blow for the unsuspecting patient that needed pharmaceuticals for better quality in health. You have choices in who represents you but as for me, Katz Banks Kumin was the best and only choice for strong sound legal representation.”
— Senior compliance officer in the pharmaceutical industry who complained of adulterated drugs
“The fraud in skilled nursing facilities is abhorrent … and I finally got fired for complaining to management about it. Thanks to good luck and the Internet I found David Marshall and Alexis Ronickher at Katz Banks Kumin. They understood the issues and helped me get a settlement. Katz Banks Kumin levels the playing field. I’m very grateful!”
— Occupational Therapist who reported fraudulent billing to Medicare in a skilled nursing facility
“David Marshall and Abigail Cook-Mack are two of the finest professionals I have ever met. They showed compassion, resolve and a tenacity that is simply world class. My case was extremely complicated and spanned many years and involved the most senior management in my institution. Taking on the most powerful people on Wall Street in the name of justice and doing the right thing involved enormous risk, but Katz Banks Kumin put all of their considerable resources behind me, and in the end I was rewarded with a seven figure settlement from my former firm. My family and I are truly grateful to David, Abby and the Katz Banks Kumin team for helping us right a wrong and allowing me and my family to move on with our lives satisfied with an exceptional outcome. Their track record is second to none. A call from Katz Banks Kumin to your former or current employer sends instant chills up their spines. They bring decades of experience and a culture of compassion you need to experience to appreciate. Katz Banks Kumin specializes and some would consider the firm a boutique. Make no mistake: they are as feared, if not more feared, than the largest law firms in the country. My result and their results speak for themselves.”
— Former managing director at a major financial institution
“David Marshall is a gifted attorney, always focused on the goal of representing his client aggressively and intelligently. David’s interactions with his clients are highly respectful of both the person and the situation, never reducing the reality to the level of a case. David was always thoughtful and responsible in the financial management of my case. I would highly recommend David to anyone in any situation, and am thankful to him and to his partner, Debbie Katz.”
— Anonymous
“David Marshall is an exceptional attorney. His deceptively easy-going personality is a perfect match for anxious clients, respectfully guiding to the best solutions with such grace. His knowledge is top-tier, and his integrity — which I consider the highest calling for an attorney — is unassailable. His ability to manage a highly complicated legal project with the right touch at each point is one of his best professional abilities. Legal situations can take a longer time than a client may expect, and each phase is different, calling for varying skills. David and his well-chosen team have them all.”
— Lisa C. Blanton, Founder of Med-eHub and Owner of the Collings Group, is a nationally recognized expert in healthcare reimbursement and marketing
“My initial consultation with David Marshall was met with an earnest interest and insightfulness as to the applicable laws that governed my case. While some of the discussion was consisted of various legal terms and case quotes, David took the extra time to put this in layman’s terms. I was very comfortable making decisions based on the education that David provided. David was informative, understanding and most importantly, supportive of me – I didn’t feel alone. I am so thankful that I had David Marshall and the Katz Banks Kumin team representing me for a fantastic outcome!”
— Chief Compliance Officer in the pharmaceutical industry who blew the whistle on fraudulent practices
“Early in 2004, I was fired from a Browns Ferry nuclear plant in north Alabama for bringing up safety concerns to the NRC. Katz Banks Kumin has been thorough in helping me with everything that I have had questions and concerns about. They have stood by my family and I throughout the course of this litigation. If you are looking for a law firm in regard to a whistle blower case action suit I would highly recommend using Katz Banks Kumin. David Marshall, Matt Stiff, and the staff are unsurpassed in the work that they have done for me in regard to my case. To them you are not just a case number; you are individual person with a problem that should be rectified. In my opinion they have went above and beyond to help my family. They are a great law firm that has exceeded all of my expectations and I would highly recommend them to anyone.”
— James A. Speegle Sr., whistleblower in the nuclear industry whose case Katz Banks Kumin has been litigating since 2004 and is now on appeal before the 11th Circuit U.S. Court of Appeals
“David Marshall represented me in securing a very good outcome in a high-profile, hard-fought whistleblower case against a powerful government agency. He not only went toe to toe with the agency’s lawyers at every step, but he also had the strategic ability, sense of timing and political know-how that it took to deal with a well-financed opponent that thought it could outsmart us and defeat us. And from our first conversation to the end, I always knew that David was 150% on my side.”
— Richard Pullman, an Exhibit Specialist for 27 years at the Smithsonian Air & Space who suffered retaliation after blowing the whistle on the presence of asbestos at the museum
“For five months, I tried (unsuccessfully) to resolve a whistleblower situation at my Midwest nuclear power plant. Katz Banks Kumin resolved this issue in less than six weeks. Thank you very much for your tenacity and discovering the truth. David Marshall, Dan Edelman, and Debra Katz took a very emotional situation from a big demotion to a promotion. My wife and I will be forever grateful for your professionalism and your execution of this case.”
— Senior Reactor Operator at nuclear power plant