Amicus Curiae Briefs
Since the landmark 1985 Kansas Gas & Electric brief that helped convince the U.S. Court of Appeals for the Tenth Circuit to protect whistleblowers who report internally, the Kohn, Kohn & Colapinto attorneys, associated with the National Whistleblower Center, have submitted numerous Amicus Curiae briefs in precedent-setting cases around the country.
Below are amicus curiae briefs submitted by the attorneys at Kohn, Kohn & Colapinto, through the National Whistleblower Center.
- Nathan Van Buren v. United States of America. KKC founding partner Stephen Kohn, Associate Attorney Todd Yoder, and Legal Fellow Noah Lapidus worked on this brief with the National Whistleblower Center. In the brief, NWC challenged a ruling by the Eleventh Circuit Court of Appeals, which joined the First, Fifth, and Seventh Circuits in holding an employee liable under the CFAA for accessing information on a workplace computer for an improper purpose even though the employee was granted access to that information.
- Cochise Consultancy, Inc. v. United States, ex rel. Hunt. Represented amicus curiae in case filed to the Supreme Court on behalf of a whistleblower, Justices unanimously ruled in favor of whistleblowers filing under the False Claims Act
- Eller v. Idaho State Police. Victory in Idaho Supreme Court setting precedent expanding damage recoverable to whistleblowers who were fired. Read the amicus curiae brief and the court’s ruling.
- Digital Realty Trust, Inc. v. Somers. The KKC lawyers vigorously fought for the protection of internal whistleblowers but the Supreme Court rejected these arguments. However, the ruling of the Supreme Court sent a clear message that SEC whistleblowers filing under the Dodd Frank Act should report directly to the SEC to avoid retaliation. Read the amicus curiae brief and the court’s ruling.
- Universal Health Services v. U.S. ex rel. Escobar. Represented amicus curiae in major precedent in unanimous Supreme Court ruling upholding False Claims Act qui tam whistleblowers’ right to pursue claims even if the violations were not explicitly set forth in contract. Read the amicus curiae brief and the court’s ruling.
- Genberg v. Porter. Represented amicus curiae in precedent-setting case under the Sarbanes Oxley Act setting forth the reasonable belief test. Read the amicus curiae brief and the court’s ruling.
- Darin Jones v. Dept. of Justice. In Darin Jones v. Dept. of Justice, the whistleblower sought protection after he endured retaliation on the job for disclosing over $40 million worth of improper spending.
- State Farm Fire and Casualty Company v. U.S. ex rel. Rigsby. Represented public interest group in amicus curiae filing opposing the automatic dismissal of False Claims Act cases in which seal was violated.
- Day v. Dept. of Homeland Security, (MSPB June 26, 2013). Represented public interest group in Amicus Curiae brief successfully arguing that certain provisions of Whistleblower Protection Enhancement Act were clarification of existing law justifying application to pending cases.
- Wiest v. Lynch, No. 11-4257 (3d Cir. Mar. 19, 2013) (argued). Argued case on behalf of public interest amicus curiae establishing favorable precedent on standard of proof for a protected disclosure under the Sarbanes-Oxley Act.
- Lawson v. FMR LLC (Fidelity Investments). Represented amicus curiae in victorious Supreme Court case expanding scope for employees under the Sarbanes Oxley Act. Read the amicus curiae brief and the court’s ruling.
- English v. General Electric Co., 110 S. Ct. 2270, 2277 (1990). Represented Amicus Curiae in U.S. Supreme Court case rejecting the federal preemption doctrine in state public policy discharge cases.
- Sylvester v. Parexel International LLC, 2007-SOX-39, 42 (May 25, 2011)(argued). Argued case key case establishing the controlling precedent on standards for raising a protected disclosure under corporate whistleblower laws on behalf of public interest amicus curiae.
- Haddle v. Garrison, 525 U.S. 121 (1998). Lead attorney for public interest Amicus Curiae in case establishing employee-witness protection under 42 U.S.C. § 1985(2).
- Equal Employment Opportunity Commission v. Waffle House, 534 U.S. 279, 122 S.Ct. 724 (2001). Represented public interest group as Amicus Curiae in case concerning impact of an arbitration agreement on EEOC’s authority to seek relief for victims of discrimination.
- Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, 529 U.S. 765 (2000). Represented public interest group in Amicus Curiae brief filed in case upholding the constitutionality of key provisions of the False Claims Act.
- Insigna v. IRS. Filed amicus curiae brief in major tax court case on delay of payments of rewards to whistleblowers.
- Kansas Gas & Electric v. Brock, 780 F.2d 1505 (10th Cir. 1985). Represented public interestamicus curiae in precedent setting case developing the law protecting internal corporate whistleblowers.