Mary Jane Wilmoth is the firm's managing partner. She litigated cases involving whistleblower protection for environmental and nuclear industry whistleblowers, and Qui Tam/False Claims whistleblowers. Ms. Wilmoth joined the firm in 1992 and worked on cases and hearings that involved complex nuclear and environmental regulations.
In her efforts to uphold such safeguards in the American workplace, she has helped to strengthen whistleblower rights in licensing and enforcement proceedings with the Nuclear Regulatory Commission. She has also defended whistleblowers at the Environmental Protection Agency in actions before the Department of Labor.
Ms. Wilmoth is a Trustee at the National Whistleblower Center Legal Defense & Education Fund. She is a member of the Board of Directors of the National Whistleblower Center, where she serves as the corporate secretary and treasurer. She is also the Editor of the Whistleblower Network News blog.
Promoting International Qui Tam Whistleblowing
Kohn, Kohn and Colapinto has played an instrumental role in advancing whistleblower rights worldwide. Currently the partners represent whistleblowers from every continent on earth (except Antarctica) in pursuing whistleblower reward cases under U.S. laws.
Steve Kohn has been sponsored by the U.S. Department of State to promote whistleblowing on a world-wide scale, including special seminars and programs in the Czech Republic, Hungary, Bosnia, Serbia and Thailand. He has given major keynote addresses in Peru and Greece and presented in numerous international conferences and has testified on behalf of whistleblowers before the European Parliament and the Danish Parliament. Mike Kohn has made major international presentations in Poland, South Korea and Israel. The firm filed extensive comments supporting greater whistleblower protections in the now-approved European Directive on Whistleblowing.
Whistleblower attorney Stephen M. Kohn and partners of Kohn, Kohn & Colapinto regularly advise congress on crafting whistleblower laws. And play an instrumental role in drafting whistleblower protection laws, such as the Sarbanes-Oxley Act (SOX), The Whistleblower Protection Enhancement Act, and the Dodd-Frank Act.
SEC & IRS Rulemaking
During the Dodd-Frank rulemaking process, our partners worked closely with the SEC to create an effective whistleblower program. Kohn, Kohn & Colapinto's partners met personally with each of the five SEC Commissioners. They presented them with detailed reports and proposals setting forth rules that were essential to make the law work for Dodd-Frank whistleblowers as intended by Congress. Furthermore, Kohn, Kohn & Colapinto's whistleblower attorneys seek to protect and enhance legal protections for tax fraud whistleblowers. Our firm has filed numerous internal revenue service rulemaking petitions, filed extensive briefs to the IRS and testified at IRS rulemaking hearsing to strengthen the tax whistleblower program.
[Read More]In recognition of the growing importance of whistleblower litigation, The National Law Journal named the whistleblower attorney and advocacy law firm of Kohn, Kohn & Colapinto as one of top fifty plaintiff's law firms in the United States. The firm's partners were officially named as among "America's Elite Trial Lawyers." In its September 29, 2014 article, "Elite Trial Lawyers: The 50 Leading Plaintiff's Firms in America," the National Law Journal named Kohn, Kohn & Colapinto as one of the firm's "doing the most creative and most important work in the courtroom."
- 2019 - 2025 – LawDragon 500 Leading Plaintiff Financial Lawyers
- 2013-2020 – A-V Preeminent, Martindale-Hubbell®
- 2014 – "Elite Trial Lawyers" Designation, National Law Journal (Awarded to KKC LLP)
- 2014 – America's Most Honored Professionals, American Registry (Awarded to KKC LLP)
- 2009 – Top Attorneys, Washington DC Super Lawyers (Awarded to KKC LLP)
- 2008 – Friend of the IEEE Award
- 2003 – "Hot List" of Plantiff's Law Firms, National Law Journal
- In the Matter of Georgia Power Company, 37 NRC 96 (1993). Established standard for NRC licensing proceedings related to the character and competence of nuclear managers.
- Hobby v. Georgia Power Co., Case No. 90-ERA-30 (U.S. Dept. of Labor), No. 01-10916 (11th Cir. 2002) (argued). Co-counsel in judicial and administrative litigation over a ten-year period establishing numerous precedents in Labor Department corporate whistleblower cases regarding liability and damages available to high ranking corporate officers. Having obtained over $5,000,000 in total damages, this case continues to represent the largest financial victory by any nuclear/environmental whistleblower.
- Mosbaugh v. Georgia Power Co., 91-ERA-1 (ALJ Oct. 30, 1992) (co-counsel at hearing and on appeals). Established key precedent governing when a whistleblower can engage in one-party taping to document misconduct. Whistleblower was ordered reinstated with full back pay after being fired for taping conversations of corporate executives conspiring to violate safety rules.
- Opthof v. Ashland Chemical Co., 94-CAA-7 (ALJ May 8, 1995). Co-counsel. Prevailed at merits hearing on behalf of wrongfully discharged chemical engineer.
- Linda Tripp v. Department of Defense, 104 F. Supp.2d 30 (D.D.C. 2000), 99-2554 (2001) 173 F.Supp. 2d 58 (D.D.C. 2001), 193 F.Supp.2d 229 (D.D.C. 2002), 01-157 (D.D.C 2002) 219 F.Supp.2d 85 (D.D.C. 2002), 99-2554 (D.D.C. 2002) 257 F.Supp.2d 37 (D.D.C. 2003), 194 F.R.D. 344 (D.D.C. 2000) and 200 F.R.D. 140 (D.D.C. 2001). Precedent setting litigation on behalf of nationally recognized whistleblower. Case resulted in one of the largest Privacy Act settlements ever awarded by the U.S. government.
- Dr. Frederic Whitehurst v. FBI (administrative and judicial proceedings in 1993-98). Successfully represented first nationally recognized FBI whistleblower. Case resulted in President Clinton ordering the Attorney General to establish whistleblower protections for FBI employees for the first time. See Memorandum of President William Jefferson Clinton, Vol. 62 Federal Register No. 81, p. 23123 (April 14, 1997). In addition, the case achieved the accreditation of the FBI crime laboratory and the re-opening and/or review of thousands of criminal cases tainted by fraudulent laboratory procedures. Dr. Whitehurst obtained a final million-dollar plus settlement to resolve allegations of violations of the Privacy Act and other federal laws.
What Clients are Saying
"Among the most experienced and skilled attorneys practicing in the specialization of whistleblower law"
"I couldn't have navigated the shark invested waters whistleblower face without the passion, dedication, determination, and brilliance of my incredible attorneys."
"…the three co-founders of the National Whistleblower Center, these are important names, Stephen Kohn, Michael Kohn and David Colapinto, thank you so much for all that you do, they broke the mold with these visionaries and we are all better for it." – National Whistleblower Day, 2018
Mary Jane's Latest Thinking
New OSHA Guidance Clarifies Impermissible Restrictions On Whistleblowing
The OSHA Directorate of Whistleblower Protection Programs issued new policy guidance on the criteria it uses to ensure settlement agreements do not impermissibly restrict or discourage whistleblowing. The new policy guidelines, issued August 23, 2016, state that OSHA will not approve settlements that contain “gag” clauses that restrict or discourage whistleblowing. Such clauses are often found in broad confidentiality or non-disparagement provisions and prevent individuals from filing a complaint with a government agency, participating in an investigation, testifying in proceedings, or otherwise providing information to the government. The new guidance lays out four specific types of provisions OSHA will review for impressible restrictions on protected activities of whistleblowers. A provision that restricts the complainant’s ability to provide information to the government, participate in investigations, file a complaint, or testify in proceedings based on a respondent’s past or future conduct. For example, OSHA will not approve a provision that restricts a ...
CFTC Seeks Public Comment on Proposed Whistleblower Rule Amendments
The U.S. Commodity Futures Trading Commission (CFTC) announced today that it is requesting public comment on proposed amendments to the Whistleblower Rules found in Part 165 of the CFTC’s Regulations. The CFTC announcement states: “The amendments would enhance the process for reviewing whistleblower claims and make related changes to clarify staff authority to administer the whistleblower program. The proposal will also strengthen the CFTC’s anti-retaliation authority to provide whistleblowers protection from retaliation through CFTC enforcement action under the Commodity Exchange Act (CEA). …
SEC Adopts Rules for Resource Extraction Issuers Under Dodd-Frank Act
June 27, 2016. The Securities and Exchange Commission adopted rules to require resource extraction issuers to disclose payments made to governments for the commercial development of oil, natural gas or minerals. The rules, mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act, are intended to further the statutory objective to advance U.S. foreign policy interests by promoting greater transparency about payments related to resource extraction. The final rules require an issuer to disclose payments made to the U.S. federal government or a foreign government if the issuer engages in the commercial development of oil, natural gas, or minerals and is required to file annual reports with the Commission under the Securities Exchange Act. The issuer must also disclose payments made by a subsidiary or entity controlled by the issuer. Read the full SEC Press release here. Information on Foreign Corrupt Practices Act
Our Client Received the Largest Whistleblower Reward in World History of $104 Million
Bradley Birkenfeld broke the back of Swiss bank secrecy. He was the first Swiss banker to file a case under the IRS whistleblower law. The results were unprecedented. UBS bank (at the time the largest bank in the world) had to pay a fine of $780 million. They also had to close all known U.S. accounts, and for the first time in history, the bank turned over the names of 4450 U.S. taxpayers for prosecution in the United States. Mr. Birkenfeld obtained the largest ever individual qui tam whistleblower award in history, $104 million.
Pro Bono Public Service
Dedicated to protecting whistleblowers, the National Whistleblower Center (NWC) was founded in 1988 by three experienced whistleblower-rights attorneys, Stephen M. Kohn, Michael D. Kohn and David K. Colapinto. Mary Jane was selected as the NWC's first Public Interest Law Fellow, and soon became a major leader in the NWC. She currently is the NWC corporate Treasure and serves on its Board of Directors. She founded the whistleblower protection blog, and for years managed many of the NWC's highly successful programs.