With more than three dozen trials to verdict and over $85 million recovered in judgments and settlements in employment and whistleblower claims, Scott Oswald has proven experience in litigating and trying whistleblower retaliation, qui tam, wrongful discharge, discrimination, FMLA, USERRA, non-compete, and wage and overtime actions in federal and state courts, including a $57 million False Claims Act settlement, a $466,816 Equal Pay Act verdict, a $1,000,000 sexual harassment jury verdict, a $282,000 District of Columbia Whistleblower Protection Act jury verdict, a $579,338 Family and Medical Leave Act (FMLA) jury verdict, a $101,000 Title VII/Equal Pay Act jury verdict, a $1,134, 886.86 Wage Payment Act judgment, a $650,000 retaliation jury verdict, and numerous settlements exceeding $1,000,000. Mr. Oswald is one of the few attorneys to prosecute a Maryland wrongful discharge claim to a winning jury verdict and to prosecute a Maryland retaliation claim to a winning punitive damages jury verdict. His successes have been featured in numerous publications including The National Law Journal, BNA’s Daily Labor Report, LawyersUSA, Employment Law360, Virginia Lawyers Weekly, Human Resource Executive and LegalBiz Now. Notably, Mr. Oswald was Sheila Kalkunte's lead trial counsel in her ground-breaking Sarbanes-Oxley (SOX) whistleblower retaliation claim, which remains one of the few and earliest SOX whistleblowers to have prevailed at the trial level.
Mr. Oswald’s cases have helped establish the vanguard of employment and whistleblower law for federal employee whistleblowers - Drake v. USAID, Miller v. TSA; SOX whistleblowers - Kalkunte v. DVI, Leznik v. Nektar, Stone v. IL; Feldman v. LEA; Qui Tam whistleblowers - Glynn v. IST, Mann v. H&K; those who have suffered workplace discrimination because of their age - Inman v. Klockner-Pentaplast; gender -Murtagh-Cooke v. U.S., Kennedy v. Virginia Tech; disability - Fink v. Richmond; race and national origin - Kumar v. Hilton Hotels Corp.; sexual orientation - Altan v. IK Retail Group; protected activity – Weintraub v. MHASM; and those who have been wrongfully discharged - Miller v. Washington Workplace, McFarland v. VRSCC, Randolph v. ADT. Mr. Oswald’s cases have helped define the contours of laws that protect employees who have had their wages or benefits unlawfully withheld - Risteen v. YFU, Sharer v. Tandberg. Mr. Oswald also has been at the forefront of the fight against forced arbitration of employment claims: Shaffer v. ACS, Booker v. Robert Half International.
Mr. Oswald is recognized as one of the “Top Ten Employment Lawyers” in the Washington, D.C. Metropolitan Area by Top Ten Leaders. Mr. Oswald has been awarded a Martindale Hubbell AV® Preeminent™ Peer Review rating and is rated 10 out of 10 by Avvo,.
Mr. Oswald serves as the 2011-2012 President of the Metropolitan Washington Employment Lawyers Association. He served as 2011 Employee-Representative Chair of the D.C. Superior Court Whistleblower Protection Act Jury Instruction Committee and as a member of the 2010 District of Columbia Judicial and Bar Conference Planning Committee. Mr. Oswald is a member of the National Employment Lawyers Association’s Executive Compensation, Trial Advocacy, and Whistleblower Committees.
Mr. Oswald is a graduate of the University of Virginia and received his law degree from Howard University School of Law. He is admitted to practice before the District of Columbia, Maryland, Virginia and Florida bars, the United States Supreme Court, the United States Court of Appeals for the 3rd, 4th, 5th, 9th, 11th, D.C., and Fed Circuits, the United States District Courts for the District of Columbia, District of Maryland, Eastern and Western Districts of Virginia, Northern and Southern Districts of Florida, Northern District of Illinois, Northern District of Indiana, and Western District of Tennessee.