Tate & Renner

September, 2008, to present.

Kohn, Kohn & Colapinto (KKC), based in Washington, D.C., is the nation’s leading law firm for whistleblower protection. As experts in employee litigation, our attorneys focus on the many complex statutes that today are at issue in whistleblower cases, including the qui tam provision of the False Claims Act, which encourages workers to report government contract fraud. With clients from both the public and private sectors, we also pursue actions involving wrongful dismissal, the American worker’s right to privacy and free speech, the Sarbanes-Oxley Act and the Freedom of Information Act.

Founded in 1988, KKC has won numerous landmark decisions, rewriting workplace law while earning millions of dollars in damages for our clients. The firm has successfully litigated a series of prominent cases, generating widespread recognition via the national press. Meanwhile, our volunteer efforts on behalf of lesser-known whistleblowers and the crucial role they play in a free society have earned us the respect of our legal peers. The attorneys at KKC support all those who serve the larger good by revealing work-related assaults on the nation’s health and defense, from government malfeasance to the corporate disregard for nuclear and environmental regulations.

Since its formation 1988, the National Whistleblowers Center has provided protection and assistance to thousands of whistleblowers across the United States. The Center has focused on exposing government and corporate misconduct and promoting the highest standards of ethics. In its short history, the Center has revolutionized protections for employee whistleblowers. Richard has been a member of the NWC Board of Directors since 2001 and Secretary of the Board since 2002. He has served as Legal Director in NWC's offices since September, 2008. Since May 2009, Richard has served as editor-in-chief of the National Whistleblowers Center blog.

Richard filed an amicus brief to the U.S. Court of Appeals for the District of Columbia Circuit on behalf of the National Employment Lawyers Association, Ethics and Sanctions Committee in Lucas v. Duncan. 574 F.3d 772 (D.C.Cir. 2009). The brief argued that inferences are key to proving employment discrimination, and it was error for the lower court to impose sanctions for an argument based on inferences. The court agreed and vacated the sanction.

Richard wrote an an amicus brief to the U.S. Court of Appeals for the Fourth Circuit in Stone v. Instrumentation Laboratory Company, 591 F.3d 239 (4th Cir. 2009). The amicus argues for the right of corporate accounting whistleblowers to de novo review in U.S. District Courts. Richard wrote the amicus on behalf of NWC and the Government Accountability Project. The Fourt Circuit agreed with the argument, and reinstated the whistleblower claims of David Stone.

Richard testified to the Occupational Safety and Health Administration (OSHA) on why and how it should improve its whistleblower protection programs. His March 4, 2010, testimony is available here.

Partner. May, 1995, to September, 2008.

• Won reinstatement for Donna Trueblood in the first environmental whistleblower case against the WTI hazardous waste incinerator in East Liverpool, Ohio. After an 11-day trial, Judge Richard Morgan issued a decision finding company witnesses had "strayed from the truth." Community activist Alonzo Spencer said the decision has given new hope to their efforts against this illegal and unsafe plant. Read the 2003 decision here.
• Coordinated successful legal actions for environmental whistleblowers at regional wastewater authority. Department of Labor hearing lasted 20 days in 1997; reinstatement order issued. With co-counsel, won First Amendment protections in Charvat v. EORWA, 246 F.3d 607 (6th Cir. 2001). Won public document case in Ohio Supreme Court. State ex rel. Russell v. Thomas (1999), 85 Ohio St.3d 83, 1999-435.
• Founded Hispanic Ministries of Tuscarawas County, Inc. (1997). Served as president. Represented refugees. Wrote successful friend-of-the-court briefs in State ex rel. Ten Residents v. Belskis (2001), 142 Ohio App.3d 296, and Vasquez v. Kutscher, 95 Ohio St.3d 280, 2002-Ohio-2125 establishing right to a marriage license without a Social Security number. Lost asylum case for Honduran afraid of extrajudicial killing upon deportation. Castellano-Chacon v. INS, 341 F.3d 533, 544 (6th Cir. 2003). Traveled to Guatemala in 2001, 2004 and 2006 to study its language and culture, and visit clients and their families.
• Obtained a writ of mandamus to secure the right of immigrants to file for a marriage license in State ex rel. Valero v. Park, 2007-Ohio-6179.
• Asserted Fourth Amendment and due process rights for Guatemalan immigrant in Miguel v. INS (2004).
• Represented John Jasinski in nuclear and environmental whistleblower case against The Wackenhut Corporation and Exelon Corp., operators of the Three Mile Island nuclear power station. Read Garry Lenton's story for the Harrisburg Patriot-News about John's case.
• Represented Chris Kerper and Carrie Lavery in unfair labor practice charges while they organized and won two union elections, 49-48 and 12-5, in 2007. Read news story here.
• Won settlement for environmental whistleblower case against the City of Torrington, Wyoming, for employee who reported superintendent's misconduct to the US EPA. Read local news story.
• Won settlement agreement for Dover Girls Softball in 2005 civil rights claim against City of Dover. City adopted new policy to provide equal services for girls and boys recreational programs. Read news story here.
• Won extraordinary writ of procedendo from Ohio Court of Appeals to compel a judge to proceed with a whistleblower's case. Writ ended the judge's stay of the case entered to wait for a decision from the U.S. Department of Labor's Administrative Review Board. State ex rel. Carpenter v. Brown, 2008-Ohio-5687.
• Adjunct Faculty at Kent State University, Tuscarawas Branch. Taught Mathematics and Environmental Law, 1998-2000.
• Prevailed in Ohio Supreme Court appeal for Wilbert and Emma Kail in Lonas v. Kail (2001), 91 Ohio St.3d 1201, 740 N.E.2d 1103, 2001-Ohio-228. Protected clients from suit by former attorney for fees in excess of amount approved by the Industrial Commission.
• Wrote successful friend-of-the-court brief to Ohio Supreme Court on the right of domestic violence victims to receive a protection order. Felton v. Felton (1997), 79 Ohio St.3d 34, 1997-Ohio-302.
• Prevailed in two appeals establishing the right of custodial grandparents to be parties in Juvenile Court cases. In re Sebastian, 2002-Ohio-782; In re Perez, 2004-Ohio-2707.
• Member of New Philadelphia Housing Appeals Board, 2003-2006.
• Pillars Club Community Service Award 1995.
• Tuscarawas County NAACP Freedom Fund Award for the Furtherance of Social Justice, 2008.
• Organized annual celebration of Dr. Martin Luther King, Jr., Day.

• Author of A Union Victory at Case Farms, 2007.
• Reversed Allen J. Christenson's K'iche'-English Dictionary into an English-K'iche' Dictionary.
• Author of "Federal Environmental Whistleblower Complaints," in Employee Rights Quarterly, Vol. 3, No. 1 (Summer 2002), pp. 29-34.
• Author of "Whistleblower Book Helps with All Retaliation Cases," a review of Concepts and Procedures in Whistleblower Law, NELA Employee Advocate, Spring 2001, p. 24.
• Author of "Federal Whistleblower Complaints," feature article for Ohio Employment Lawyers Ass'n Newsletter, October, 1996.
• Author of Workplace Fairness web pages on the rights of environmental whistleblowers, corporate whistleblowers, union activists, airline employees, trucking whistleblowers, and the First Amendment Rights of Public Employees.
• Presented "Sarbanes-Oxley and other federal whistleblower protections " to Ohio Employment Lawyers Association, 2004-03-04.
• Presented "Informed Consent and the Obligation of Attorneys to Clients" for seminar in Akron, November 1, 1995. Moderated seminar on ethics, professionalism and substance abuse for Tuscarawas County Law Library, November 28, 2001.
• Author of Learning from Experience, my harrowing tale of surviving a kayak trip.
• Editor of Whistleblower Protection Blog (2009-present)