R Scott Oswald

August 06, 2015 | Corporate Counsel

After the July 26, 2015, anniversary of the ADA, disabled Americans have reason to celebrate as recent court decisions have strengthened and broadened their protections.

By R. Scott Oswald and Tom Harrington

9 minute read

August 05, 2015 | Corporate Counsel

After the July 26, 2015, anniversary of the ADA, disabled Americans have reason to celebrate as recent court decisions have strengthened and broadened their protections.

By R. Scott Oswald and Tom Harrington

9 minute read

May 01, 2015 | Corporate Counsel

Cases on "puffery" tend to hinge on what is reasonable for a consumer to believe, or in the investor context, what is reasonable for a company spokesperson to say.

By R. Scott Oswald and Adam Augustine Carter

10 minute read

May 01, 2015 | Corporate Counsel

Cases on "puffery" tend to hinge on what is reasonable for a consumer to believe, or in the investor context, what is reasonable for a company spokesperson to say.

By R. Scott Oswald and Adam Augustine Carter

10 minute read

December 04, 2014 | Corporate Counsel

Employers should expect that any whistleblower with good-faith concerns will have access to a public tribunal and an adjudication that presents substantial risk to the company's money, time and reputation.

By Tom Harrington and R. Scott Oswald

12 minute read

November 13, 2014 | Corporate Counsel

In-house counsel for multinational corporations and counsel for foreign plaintiffs often must deal with the issue of whether or not overseas whistleblowers can avail themselves of U.S. protection laws, and if so, under what circumstances?

By R. Scott Oswald and Tom Harrington

10 minute read

October 27, 2014 | Corporate Counsel

Understanding how courts are likely to view post-employment acts can help in-house counsel protect clients from possible liability in its treatment of former employees.

By Adam Augustine Carter and R. Scott Oswald

13 minute read

January 09, 2013 | Corporate Counsel

As age-discrimination claims increase, in-house counsel will have to carefully analyze the Gross v. FBL Financial Services, Inc. decision's impact on their clients' hiring and employment termination decisions.

By R. Scott Oswald

7 minute read

June 02, 2008 | National Law Journal

When Congress passed the Sarbanes-Oxley Act, it included robust whistle-blower protection for employees of publicly traded companies. Unfortunately, write R. Scott Oswald and Jason Zuckerman, this legislative goal has been undercut by two recent appellate decisions wrongly limiting the scope of protected activity under SOX.

By R. Scott Oswald and Jason Zuckerman

8 minute read

September 08, 2008 | National Law Journal

When the 4th U.S. Circuit Court of Appeals recently affirmed the Department of Labor's dismissal of a closely watched Sarbanes-Oxley whistleblower claim, it appeared at first blush to be the last nail in the coffin of a whistleblower provision that has been significantly narrowed and undermined in its mere six years of existence. A careful reading of the opinion in Welch v. Chao, however, reveals that it is a substantial victory for employees in that it resolves many ambiguities in favor of employees and rejects many of the defense arguments that are commonly asserted in Sarbanes-Oxley whistleblower cases.

By Jason Zuckerman & R. Scott Oswald / Special to The National Law Journal

4 minute read