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R Scott Oswald
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R Scott Oswald

also known as Scott Oswald

Practice areas:

Wrongful Termination, Employment & Labor, Discrimination, Securities & Investment Fraud, Insurance Fraud

About Me

 


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.


 


 

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Practice Areas

Licensed since 1997

  1. Wrongful Termination: 35%
  2. Employment & Labor: 20%
  3. Insurance Fraud: 15%
  4. Securities & Investment Fraud: 15%
  5. Discrimination: 15%

Attorney Endorsements

3 total 

  • Ari M Wilkenfeld

    I endorse this lawyer.

    More 

    Ari Wilkenfeld Employment & Labor Attorney
    Relationship: Fellow lawyer in community

  • Rachel M. Self

    Attorney Oswald is a committed professional who is dedicated to helping his clients through every aspect of their legal process. I had the privilege to work with Attorney Oswald on a matter and was continually impressed by his commitment to his clients, his ability to stay focused under extreme pressure and his continued communication through every aspect of the case. I highly recommend him and I endorse his amazing work.

    More 

    Rachel Self Immigration Attorney
    Relationship: Worked together on matter

Contact Info

The Employment Law Group , P.C.

888 17th Street NW
9th Floor
Washington, DC, 20006-3307

Resume

License
StateStatusAcquiredUpdated
MDActive199806/08/2015
FLMember in Good Standing199805/07/2015
DCActive 199805/24/2015
VAAuthorized to practice law199703/11/2014

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
Best Lawyers / Employment LitigationBest Lawyers2014
AV Preeminent Peer Review RatedMartindale-Hubbell2013
Super Lawyer 2013Super Lawyers2013
Top 100 Trial LawyersThe National Trial Lawyers2013
Top Rated LawyerAmerican Lawyer Magazine2012

Associations
Association NamePosition NameDuration
Metropolitan Washington Employment Lawyers AssociationPresident2011 - 2013
National Employment Lawyers AssociationWhistleblower committee; executive compensation committeeN/A

Publications
Publication NameTitleDate
Los Angeles Daily Journal and San Francisco Daily JournalIs Bullying in the Workplace Illegal? (Print only)2013
Westlaw Employment JournalAccomodations for Returning Veterans Suffering from PTSD: A Guide for Employers2013
Corporate Counsel MagazineADEA Claims in the Wake of Gross v. FBL Financial Services, Inc.2013
Law 3602012 Opens the Door for More Whistleblower Participation2013
Corporate Compliance Insights5 Rewards — and Drawbacks — of Being a Whistleblower2013
The CPA JournalRewarding Whistleblowers for Disclosing Tax Violations to the IRS2012
Oregon Law Journal and Traders MagazineWhistleblower Attorneys: Recent SEC Settlement with Pipeline Inc. May Encourage Dark Pool Trading Suit2012
Law 360Finding Ways to Protect IRS Whistleblowers2012
Law 360Smooth Transitions for Servicemembers: USERRA Protections2012
Employment Law DailyPlaintif's Counsel Answers FAQ's on Election Talk in the Workplace2012
Oregon Legal JournalPolitical Discrimination in the Workplace2012
Washington BladeA Primer on Employment Discrimination2012
Labor Law Reports/InsightsUnderstanding the Ethics of Whistleblowing is Key to Effective Internal Reporting2012
Health Care Fraud JournalHealth Care Law Expands False Claims Act Liability Under Anti-Kickback Statute2012
Bloomber BNA's Daily Labor ReportThe Eighth Circuit Differentiates Between Political Discrimination and Retaliation2012
Sarbanes-Oxley Compliance JournalMore Protections for Whistleblowers, Department of Labor, Adminstrative Review Board 2011 Year in Review2012
The Washington PostNew Laws Expand Workers' Rights2012
The Employment Law StrategistThe Supreme Court Finds Religion, A Look at Hosanna-Tabor2012
The Rocket Docket NewsRecent Developments in Qui Tam Litigation2012
The Corporate CounselorCommon Mistakes That Encourage Employees to Seek Legal Advice2011
Westlaw Journal on Government ContractIntroduction to the Federal Security Clearance Process2011
BNA Daily Labor ReportDC's Amended Whistleblower Protection Act: The Gold Standard for Public Sector Whistleblower Protection2011
BNA Pension and Benefits DailyDrafting and Negotiating Executive Compensation Agreements2011
Westlaw Journal on EmploymentThe SEC's New Rules for the Dodd-Frank Whistle-blower Program2011
ABA Section of International Law Spring 2011 MeetingWhistleblowers: What Protections And Forms of Relief Are Available For Foreign-Based Employees2011
The Employee AdvocateUse of Early Focus Groups In Employment Cases2011
Maryland State Bar Association Fall NewsletterCourt of Appeals Clarifies the Scope of Protected Conduct Under Maryland Health Care Worker Whistleblower Protection Act, Provides Insight into Maryland Public Policy2010
Taxpayers Against Fraud Education Fund Quarterly Review, Vol. 57New Tools to Combat Whistleblower Retaliation2010
Law360Whistleblower Protection In The Finance Reform Bill2010
The Employee AdvocateCongress Enacts Robust Whistleblower Protections To Prevent Fraud In Stimulus Spening2010
Law360Whistleblower Protections Under Health Care Bill2010
Law360Whistleblower Protection In New Food Safety Bill2010
Employee AdvocateLitigating Claims Under the Uniformed Services Employment and Reemployment Rights Act2010
Law360Whistleblower Provisions of the Dodd-Frank Act2010
Maryland Bar JournalRepresenting Whistleblowers in Adler Wrongful Discharge Actions2009
DC Bar PublicationsUpdate to Employment At Will and Exceptions to the Doctrine, Chapter in the DC Practice Manual2009
SmartPros Ethics and Compliance InsightsBlowing the Whistle on Tax Fraud Reaps Rewards2009
Law360Stimulus Fund Safeguards for Whistleblowers2009
AvvoSarbanes-Oxley Act Whistleblower Retaliation Provision2009
Virginia State Bar's Litigation NewsStrategies for Defending Against Non-Compete Litigation2009
BNA Workplace Law ReportDOL ARB Decision Reinvigorates Sarbanes-Oxley Whistleblower Protection2009
The Practical LawyerQuestions and Answers About The Qui Tam Provision of the False Claims Act2009
National Law JournalWin for Whistleblowers2008
Legal TimesThe Umpires Strike Back2008
Corporate Responsibility OfficerProtecting the Whistleblower2008
American Bar Association Labor and Employment Law NewsletterNew Protections for Consumer Safety Whistle-blowers2008

Education
School NameMajorDegreeGraduated
Howard University School of LawLawJD - Juris Doctor1997
University of VirginiaEconomicsBA - Bachelor of Arts1990

Speaking Engagements
Conference NameTitleDate
Professionals in Human Resources AssociationWhistleblower Protections for Human Resources Professionals2013
Metropolitan Washington Employers Lawyers Association 2013 Annual ConferenceEffective Trial Presentations2013
Bar Association of Montgomery CountyThe Dynamics of Employment Litigation: A view from the Bench and the Bar2013
Maryland Employment Lawyers Eigth Annual ConferenceMaximizing Damages at Trial: Practice Pointers from Succesful Trial Attorneys2012
International Association of Official Human Rights Agencies Annual ConferneceAge Discrimination in Employment Law2012
Federal Bar ASsociation, District of Columbia ChapterBlowing the Whistle in 2012: Hot Topics in Qui Tam Litigation2012
Federal Bar Association (Northern Virginia chapter)"Blowing the Whistle in 2012: New Developments in Qui Tam Litigation"2012
District of Columbia Bar CLEChanging Currents in Employment Law2012
District of Columbia Bar CLEDrafting and Negotiating Executive Employment Agreements2012
District of Columbia Bar CLERecent Developments in Securities ane Exchange Commission (SEC), Consumfer FInancial Protection Bureau (CFPB), Commodity and Futures Trading Commission (CFTC), and Internal Revenue Service (IRS) Whistleblower Rules: Opportunities and Risks2012
District of Columbia Bar CLEDrafting and Negotiating Executive Employment Agreements2012
The American Association for Justice, National WebinarQui-Tam Cases- How do You Handle Them2011
National Employment Lawyers Association Annual ConventionRepresenting Whistleblowers Under the False Claims Act2011
DC Bar CLEChanging Currents in Employment Law2011
DC Bar CLEDrafting and Negotiating Executive Compensation Agreements2011
American University Washington College of LawOverview of the Purpose and Intent of FLSA and OSHA2011
Alexandria Human Rights CommissionGaps in Age Discrimination Protections under Federal and Virginia Employment Law2011
2011 National Employment Lawyers Association, Trial Advocacy SeminarThe Opening Statement at Trial, Setting the Stage2011
Prince Georgie's County Bar Association BrownbagNon-compete agreements, defamation, Maryland Wage and Hour Law vs. Maryland Wage Payments and Collection Law, Adler Claims2010
National Employment Lawyer's Association's 2010 Fall SeminarDiscovery Strategies and Challenges in Leave and Disability Cases2010
Montgomery County Bar BrownbagRecent amendments to federal whistleblower statutes, Maryland wrongful discharge claims, and cross-cutting issues in whistleblower protection cases2010
Metropolitan Washington Employment Lawyers Association Brownbag LunchEffective use of structured settlements2010
Maryland Association for Justice BrownbagThe False Claims Act and various whistleblower statutes2010
EEOC November 17 MeetingImpact Of Economy On Older Workers2010
DC Bar CLE"Fundamentals of Employment Law: Establishing the Employment Relationship"2010
DC Bar CLE"Pregnancy and Parenthood: Advising Employers and Employees on Their Rights and Responsbilities"2010
Changing Currents in Employment Law 2010: Recent Trends and DevelopmentsDamages in Employment Law Actions2010
2010 National Employment Lawyers Association Annual Convention"Put Your Case on a Budget With Early Focus Groups"2010
Metropolitan Washington Employment Lawyers Association Annual ConferenceDemonstrating Hidden Bias or Stereotyping to Win our Cases2009
Metropolitan Employment Lawyers Association CLELitigating Successfully under the Equal Pay Act. Lessons Learned from Murtagh-Cooke v. NTSB2009
District of Columbia BarNegotiating Separation Agreements: What Employers Need to Know, What Employees Should Insist Upon, and Where the Interests of Both Parties Converge2009
DC Bar CLEFundamentals of Employment Law Series2009
DC Bar CLEThe Use of Technology at Trial — Using Technology to Demonstrate Expertise, Better Service Clients, and Attract New Business2009
DC Bar CLEChanging Currents in Employment Law: Recent Developments Update2009
DC Bar CLELitigating Under the Uniformed Services Employment and Reemployment Rights Act2009
Out for Work's 4th Annual National Lesbian, Gay, Bisexual, Transgender, and Ally College Student ConferenceKnowing Your Legal Rights2008
Montgomery County Bar Association CLE: "Maryland Whistleblower Laws"Representing the Maryland Whistleblower under Adler2008
Federal News RadioFederal Whistleblower Protections2008
2008 Metropolitan Employment Lawyers Association Annual ConventionPunitive Damages - How to Get Them and Keep Them.2008
District of Columbia Bar CLEThe Nuts and Bolts of Litigating Disability Discrimination Cases2007