Bernabei & Wachtel, PLLC

Lynne Bernabei Speaks at ABA Forum

bandw — Tue, 30 Apr 2013 14:53:40 +0000

Last Thursday, April 25, Lynne Bernabei joined John A. Damico, Hon, Theresa C. Buchanan and Joseph P. Esposito at a forum hosted by the ABA discussing ethical standards and duties when dealing with expert witnesses. Click here for the written accompaniment material, titled Ethics & Experts – What you May Not Know That Can Destroy Your Case.

Federal News Radio Hosts Lynne Bernabei to Discuss New Security Clearance Guidelines

bandw — Thu, 11 Apr 2013 15:01:02 +0000

Lynne Bernabei was interviewed on Federal News Radio about the new security clearance guidelines recently issued by the Director of National Intelligence. Under these guidelines, victims of sexual assault will no longer have to disclose any mental health counseling they received after being assaulted. In the past, such disclosures could prevent or delay getting a security clearance. Lynne also discussed the other ways in which counseling still has to be disclosed, and the potential problems that can cause for employees who need a security clearance for their work.

You can find the audio here:
Lynne Bernabei on Federal News Radio

Washington Post Reports on Johns Hopkins, Cancer Research Whistleblower

bandw — Fri, 15 Mar 2013 19:17:24 +0000

The Washington Post published a front-page story about Dr. Daniel Yuan, one of the firm’s clients, and his reporting of serious problems with several biomedical research papers published by former colleagues at the Johns Hopkins University. This research was funded by large grants from NIH. The University fired Dr. Yuan after he persisted in reporting these problems, and the University refused to address the problems he identified. Dr. Yuan then did an independent analysis of the published research, and submitted his analysis to Nature, the journal that published the articles. On the due date for the authors’ response to Dr. Yuan’s analysis, the lead author committed suicide, and the senior author still has not provided Dr. Yuan with an explanation for the errors and methodological problems with this research.

Lynne Bernabei Interviewed on Federal News Radio About Judicial Review Case

bandw — Fri, 21 Dec 2012 19:24:14 +0000

Lynne Bernabei was interviewed on Federal News Radio, discussing the Supreme Court’s recent decision in Kloeckner v. Solis, in which the Supreme Court made clear that federal employees with both discrimination claims and adverse personnel actions could bring their discrimination claims in the U.S. district courts.

More importantly, if they originally brought a claim in the Merit Systems Protection Board, they were not required to appeal the MSPB’s decision to the U.S. Court of Appeals for the Federal Circuit, but could instead appeal their claims in the U.S. district courts. The result of this decision is it should be easier for federal employees to obtain judicial review of their discrimination cases.

Inside Higher Ed Discusses Several Firm Cases Against Depaul

bandw — Wed, 19 Dec 2012 21:15:47 +0000

Inside Higher Ed, which extensively covers academic and administrative developments at colleges and universities, recently wrote about the tenure problems at DePaul University. The article, “DePaul Settles Tenure Disputes with Three Women as Another Cries Foul,” described several cases that Bernabei & Wachtel has brought against DePaul on behalf of female faculty members who were wrongfully denied tenure, in contrast to male candidates with comparable or lesser qualifications who received tenure.

Whistleblower Protection for Administrative Collection Unit Supervisor: Dave Wachtel comments on Kimmett v. Corbett

bandw — Wed, 07 Nov 2012 22:58:03 +0000

In early 2009, a former Administrative Collection Unit Supervisor in Pennsylvania, Thomas D. Kimmett, filed suit claiming his attempts to uncover the systemic abuses in the Office of Attorney General’s Financial Enforcement Section were shut down.

However, Federal Magistrate Thomas M. Blewitt alleged that because Mr. Kimmett’s position was an elevated one with access to sensitive, public information, he was not afforded his First Amendment rights protecting whistleblowers.

David Wachtel comments on the case in Rock the Capital’s multi-part story.

“Employee-whistleblowers can be effective in fighting waste, fraud, and abuse of authority because employee-whistleblowers frequently have firsthand knowledge and know what they are talking about.”

Wachtel added, “That’s why cases like Kimmett v. Corbett are important. Thomas Kimmett was inside the collections system and alleges he saw higher-level management condone practices that made the State’s collections process ineffective. Mr. Kimmett, as an accountant and attorney, had the education and experience to understand and describe what he saw.”[6]

Wachtel said, “Decisions like the magistrate’s report and recommendation in Kimmett make it even more difficult for employees to expose corruption without losing their jobs. The magistrate has recommended that the Court rule that the First Amendment of the United States Constitution does not protect ‘policymaker’ employees who expose corruption, and that Mr. Kimmett was a policymaker.”[7]

Mr. Wachtel concluded, “’Policymaker’” is not the first word that one would associate with the supervisor of the six-member Administrative Collection Unit – Mr. Kimmett’s real job title. Although courts have rejected several First Amendment cases brought by Pennsylvania Deputy Attorney Generals – Mr. Kimmett’s official title – Mr. Kimmett’s lawyers make a credible argument that the “policymaker” distinction does not apply to corruption cases – because no policy can favor corruption.”

Lynne Bernabei Presents to D.C. Bar on Parents in the Workplace

bandw — Sun, 28 Oct 2012 18:05:54 +0000

Lynne Bernabei recently gave a Continuing Legal Education presentation to the D.C. Bar on “Emerging Trends in Caregiving, Pregnancy, and Family Responsibilities Discrimination: The Intersection of FMLA, ADA, and PDA.” The course materials discussed the problems that employees in the workplace have arising out of both pregnancy and family care issues. These issues include the need for fixed shifts, restrictions on lifting heavy objects, and the need for time off to handle child care, including breast feeding. Lynne discussed how stereotypes about parents in the workplace have caused employers to discriminate against employees. Lynne also discussed the obligations upon employers whose employees have these issues, and the potential remedies available to employees under the Family and Medical Leave Act (both federal and D.C. versions), the Americans with Disabilities Act, the Pregnancy Discrimination Act, the D.C. Accrued Sick and Safe Leave Act, and the Maryland Flexible Leave Act.

Firm Client Interviewed on Democracy Now

bandw — Mon, 15 Oct 2012 15:38:39 +0000

Chuck Montano was recently interviewed on Democracy Now about his whistleblowing activities at the Los Alamos National Laboratory (New Mexico), and the retaliation he endured as a result of his activities. As an auditor, his job was to look for fraud, waste and abuse. However, when he persisted in reporting security and auditing problems, his supervisors removed his auditing responsibilities and transferred him to a dead-end job where he would be unable to continue finding problems. Bernabei & Wachtel represented Mr. Montano, and resolved his case.

Partners Listed as Top Rated Lawyers

bandw — Sat, 13 Oct 2012 22:32:13 +0000

The 2012 edition of “Washington, D.C. and Baltimore’s Top Rated Lawyers,” created by LexisNexis / Martindale-Hubbell, and distributed with the National Law Journal, listed Lynne Bernabei and Dave Wachtel as among the top lawyers for Labor and Employment law and Alan Kabat as among the top lawyers for Civil Law.

Lynne Bernabei Discusses Whistleblower Protection Act Amendments with Federal News Radio

bandw — Thu, 04 Oct 2012 04:38:03 +0000

On October 2, Lynne Bernabei was interviewed by Federal News Radio about the amendments to the federal Whistleblower Protection Act that the House of Representatives recently approved, and which the Senate is expected to approve. Lynne explained how the amendments will improve the protection available to most federal employees who report government misconduct, while not going as far as some advocates had wanted.