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David John Marshall

David John Marshall

Practice areas:

Employment & Labor, Wrongful Termination, Contracts & Agreements

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About Me

“Fighting against injustice and unfair business practices has been the main focus of my life for nearly forty years.


 


The best moments in my career have been when I could stand alongside a hard-working person or their family and fight like hell to get them their due, whether I was working with coal miners defending their livelihoods, or representing a nuclear worker who got fired for raising safety concerns, or representing a CFO or an accountant who stuck his neck out to stop fraud on taxpayers or investors. Representing deserving individuals against wealthy corporations is what energizes me more than anything else, and I get to do it every day. That’s why I love my job.”


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Recognized as a top whistleblower and employment lawyer by Washingtonian Magazine and other peer-reviewed publications, David J. Marshall has successfully represented hundreds of whistleblowers and other employees, including those in the nuclear, financial, pharmaceutical and medical-device industries, as well those alleging fraud in government contracts. He is rated by Martindale-Hubbell as “AV Preeminent,” its highest possible peer review rating.


Mr. Marshall is a founding partner of Katz, Marshall & Banks, LLP, where he concentrates his practice on a wide range of corporate whistleblower claims, including under the Sarbanes-Oxley Act and False Claims Acts. Since the passage of the Dodd-Frank Act in 2010, Mr. Marshall has also established himself as a leading lawyer representing whistleblowers in the Securities Exchange Commission’s new Whistleblower Program. He has achieved significant recent success in whistleblower cases against the Architect of the Capitol and Deutsche Bank, at TVA’s Brown’s Ferry nuclear plant in Alabama, and against the Smithsonian Air and Space Museum. In addition to his work as a whistleblower lawyer, Mr. Marshall has successfully represented plaintiffs in sexual harassment, pregnancy discrimination and other discrimination cases, and has extensive experience in the negotiation of complex executive employment and separation contracts.


From 1981 to 1984 Mr. Marshall practiced as 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 as a steelworker, garment worker, freight railroad conductor, and refinery worker for 12 years, and was a rank-and-file union activist in some of the nation’s largest industries and unions. He returned to the full-time practice of law in Washington, D.C., in 1997.


Mr. Marshall has appeared in numerous national and local media. He speaks frequently at legal conferences as an expert on whistleblower law, has written extensively on employment and whistleblower issues, and has provided comments and training to government agencies regarding pending changes to the nation’s whistleblower laws. 


In addition to his legal practice, Mr. Marshall serves on a number of non-profit boards and committees. He was appointed this year to serve as the whistleblower-side co-chair of the American Bar Association Labor and Employment Section’s Subcommittee on the Sarbanes-Oxley Act of 2002. He is a member of the steering committee of the Shelley Davis Memorial Fund, which endows an attorney position at Farmworker Justice, the nation’s premier legal-advocacy group fighting for the rights of farmworkers. He serves on the Board of Directors of the Public Justice Foundation, an organization that uses litigation to advance consumers’ rights, workers’ rights, public health and safety, and access to the courts. He also serves on the advisory board of the Government Accountability Project, a leading whistleblower rights organization. 


Mr. Marshall received his Bachelor of Arts degree, summa cum laude, from Emory University, and his J.D. degree from Harvard Law School, where he graduated cum laude.

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Practice Areas

Licensed since 1981

  1. Employment & Labor: 60%
    33 years
  2. Wrongful Termination: 30%
    33 years
  3. Contracts & Agreements: 10%
    33 years

Payment

Payment Types:

Check, Credit Card

Attorney Endorsements

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Contact Info

Katz, Marshall & Banks, LLP

1718 Connecticut Avenue, NW
Sixth Floor
Washington, DC, 20009-1148

Resume

License
StateStatusAcquiredUpdated
DCActive 200005/24/2015
GAActive Member in Good Standing 198107/07/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
Super LawyerSuper Lawyers2013
Super LawyerSuper Lawyers2012
Top LawyerWashingtonian Magazine2011
Super LawyerSuper Lawyers2011
Super LawyerSuper Lawyers2010
Top LawyerWashingtonian Magazine2009
Top LawyerWashingtonian Magazine2007
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-HubbellN/A

Work Experience
TitleCompany NameDuration
PartnerKatz, Marshall & Banks, LLP2006 - Present

Associations
Association NamePosition NameDuration
American Bar Association Labor and Employment Section’s Subcommittee on the Sarbanes-Oxley Act of 2002Whistleblower-side co-chair2012 - Present
Government Accountability ProjectAdvisory Board MemberN/A
American Bar AssociationMemberN/A
Association for JusticeMemberN/A
Public Justice FoundationBoard MemberN/A
National Employment Lawyers AssociationMemberN/A
National Association of Consumer AdvocatesMemberN/A
National Legal Aid and Defender AssociationMemberN/A
Metropolitan Washington Employment Lawyers AssociationMemberN/A
State Bar of GeorgiaMemberN/A
District of Columbia BarMemberN/A

Legal Cases
Case NameOutcome
Speegle v. Stone & WebsterOngoing
Richard Pullman v. Smithsonian National Air and Space MuseumResolved
Joe Walters v. Deutsche BankResolved

See all Legal Cases 

Publications
Publication NameTitleDate
American Bar Association Section of Labor and Employment Law Committee on Federal Labor Standards LegislationSarbanes-Oxley Midwinter Report2013
American Law Institute CLE ProgramWhistleblower Protections in the Affordable Care Act2013
Law360SEC Must Stop The Latest Effort To Impede Whistleblowers2013
Comment: Occupational Safety and Health Administration Interim RulesProcedures For Handling SOX Retaliation Complaints2012
American Bar Association Section of Labor and Employment Law Committee on Federal Labor Standards LegislationSarbanes-Oxley Midwinter Report2012
D.C. Bar CLE ProgramUpdate: 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 Violations2012
CLE ProgramRules for the Dodd-Frank Act SEC Whistleblower Program2011
National Employment Lawyers Association ConventionSarbanes-Oxley Whistleblower and Other Federal Retaliation Claims2011
Taxpayers Against Fraud ConferenceDoing Well by Doing the Right Thing2011
D.C. Bar CLE ProgramRecent Improvements in Protections for Sarbanes-Oxley Whistleblowers in the Workplace2011
The National Law JournalSEC whistleblowers Will Protect Investors and Earn Their Awards2011
The National Law JournalThe Big Chill: The Computer Fraud and Abuse Act and Whistleblower Disclosures2011
Metropolitan Washington Employment Lawyers Association (MWELA) newsletterPurloined Documents, Confidential Employer Data, and Counterclaims in Whistleblower Retaliation Cases2010
ALI-ABA Course on Advanced Employment Law and LitigationSarbanes-Oxley, Whistleblower and Retaliation Claims2010
The CPA JournalWhen Accountants Blow the Whistle: A Brief Overview of Federal and State Protections2010
D.C. Bar CLE CourseNew Corporate Whistleblower Protections & Incentives2010
Society of Federal Employment and Labor Relations Professionals ConferenceThe Current State of Whistleblower Law: A Summary for Federal Workers2009
District of Columbia Bar AssociationSexual Harassment Law: A Brief Introduction for New Practitioners2008
Katz, Marshall & Banks, LLPBlowing the Whistle on Nuclear Safety Lapses: Federal Whistleblower Protections2007
CFO MagazineBlowing the Whistle on Accounting Fraud: A White Paper for Finance Professionals on The Sarbanes-Oxley Act’s Whistleblower Protections2007

Education
School NameMajorDegreeGraduated
Harvard University Law SchoolLawJD - Juris Doctor1980
Emory UniversityN/ABA - Bachelor of ArtsN/A

Speaking Engagements
Conference NameTitleDate
Washington Metropolitan Area Corporate Counsel Association CLE ProgramBest Practices in Handling Sarbanes-Oxley, Dodd-Frank, False Claims Act and Other Sensitive Whistleblower Complaints2013
Metropolitan Washington Employment Lawyers Association Annual MeetingEthical Use of Employer Data2013
Institute for Continuing Legal Education in Georgia CLE ProgramThe New SEC and CFTC Whistleblower Programs: A Summary for Attorneys Pursuing and Defending the New Whistleblower Claims Created by Dodd-Frank2013
American Law Institute CLE ProgramThe Affordable Care Act’s Whistleblower Provisions and OSHA’s Interim Final Rule: What Employers and Counsel Need to Know2013
Procurement Fraud Committee of the American Bar Association’s Section of Public Contract LawStrategic Considerations Involved in Litigating Retaliation Claims in Procurement Fraud Cases2012
Northern Virginia Technology Council’s General Counsel Committee CLE ProgramThe False Claims Act, Dodd-Frank and Sarbanes-Oxley: The Wide World of Whistleblowers2012
New York Certified Fraud Examiners Whistleblower ConferenceA Leading Whistleblower Attorney Gives his Insights2012
OSHA National Training ConferenceStrengthening Whistleblower Protection2011
National Employment Lawyers Association Annual ConventionSarbanes-Oxley and Other Federal Whistleblower Laws2011
JAMS Employment Law UpdateA Review of the Supreme Court Term for Mediators2011
D.C. Bar CLE ProgramRecent Improvements in Protections for Sarbanes-Oxley Whistleblowers in the Workplace2011
D.C. Bar CLE ProgramNew Corporate Whistleblower Protections & Incentives2011
D.C. Bar CLE ProgramNew Whistleblower Bounty Provisions Under Dodd-Frank2011
Taxpayers Against Fraud Annual MeetingDodd-Frank’s Whistleblower Incentives2010
D.C. Bar CLE ProgramNew Corporate Whistleblower Protections & Incentives2010
NYC Bar Center for CLEEthical Issues in Labor & Employment Law2009
Ninth Annual Taxpayers Against Fraud Education Fund ConferenceWinning Retaliation Cases and Defeating Defense Counterclaims2009
ALI-ABA TeleseminarEmployee Theft in the Electronic Age2009
The Emerging Era in Whistleblower Rights & the Public's Right to KnowOpenness and Accountability of Government and Corporations2008
State Bar of Georgia ConferencePlaintiffs’ and Defendants’ Strategies in “Whistleblower” Cases: Qui Tam, Sarbanes-Oxley, and Other Whistleblower Statutes2008
NELA Annual ConventionStrategic Thinking in Whistleblower Cases2008
NELA 20th Annual ConventionThe Most Pressing Issues in Representing Whistleblowers2008
National Society of Black Engineers ConferenceWorkers’ Rights, Civil Rights and Workplace Ethics2008
National Employment Lawyers Association Annual ConventionStrategic Thinking in Whistleblower Cases2008
Government Accountability Project Conference on the Emerging Era in Whistleblower Rights and the Public’s Right to KnowRestoring Openness and Accountability to Government and Corporations2008
Fundamentals of Employment LawSexual Harassment Law: A Brief Introduction for New Practitioners2008
DC Bar CLE ProgramSexual Harassment Law2008
West Virginia Association for Justice Annual ConventionWhistleblowers: Can a Whistleblower Get Justice? Can Her Lawyer Get Paid?2007
West Virginia Association for Justice Annual ConventionA Brief Overview of Whistleblower Litigation Before the U.S. Department of Labor2007
NELA Spring SeminarEthical Issues in Whistleblower Cases2007
DC Bar CLEEmployment Mediation2007
Education Forum and Annual MeetingBlowing the Whistle on Corporate Wrongdoing: An Overview of the Rights and Responsibilities of Employees and EmployersN/A