Kohn, Kohn & Colapino, LLP

September, 2008, to present.

Kohn, Kohn & Colapinto (KKC) is the nation’s leading law firm for whistleblower protection. With clients from both the public and private sectors, we pursue actions involving wrongful dismissal, the rights to privacy and free speech, and the employee protections of numerous federal laws. Founded in 1988, the firm has successfully litigated a series of prominent cases, generating widespread recognition in the national press. 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 in 1988, the National Whistleblowers Center has provided protection and assistance to thousands of whistleblowers. The Center has focused on exposing government and corporate misconduct and promoting the highest standards of ethics. 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 Whistleblowers Protection Blog.

Richard and Stephen M. Kohn wrote an amicus brief to the U.S. Court of Appeals for the Fifth Circuit in Schroeder v. Greater New Orleans Federal Credit Union, No. 10-cv-31169, 2011 WL 6307889 (5th Cir. Dec. 19, 2011), arguing that federal banking laws protect internal reports of violations. Court ruled in favor of Mary Schroeder on other grounds.

Richard and Stephen M. Kohn wrote amicus briefs to the Department of Labor's Administrative Review Board (ARB) in Sylvester v. Parexel Int’l LLC, ARB No. 07-123, 2011 WL 2165854 (en banc). The ARB agreed that corporate fraud whistleblowers only need a "reasonable belief" of a violation to engage in protected activity under the 2002 Sarbanes-Oxley Act (SOX). The ARB makes clear that a whistleblower does not have to wait for a violation to actually happen, and need not inform management of the basis of that reasonable belief. The ARB also rejected the idea that a SOX violation has to be "material" to form the basis of a whistleblower's "reasonable belief." The ARB also reversed prior decisions requiring whistleblowers to meet the elevated pleading standards used in federal courts.

Richard and Michael D. Kohn represented Dr. Duane Bonds, formerly our nation's top researcher on Sickle Cell Disease. She was fired after objecting to the unauthorized cloning of the blood cells of study participants. She prevailed on appeal, establishing her right to a jury trial on her wrongful discharge claim under the Whistleblower Protection Act. Bonds v. Leavitt, 629 F.3d 369 (4th Cir. 2011).

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.

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 Fourth Circuit agreed with the argument, and reinstated the whistleblower claims of David Stone.

Richard won reversal of a Department of Labor decision against truck driver Harry Smith. Lake City Enterprises and CRST fired Smith after he complained about unsafe equipment. The U.S. Court of Appeals for the Sixth Circuit said that dismissal of Smith's case was an "injustice [that] threatens the purposes of the Act’s employee-protection provisions[.]" The Court reinstated Smith's claims and returned the case to the Department of Labor for a hearing on the merits. Smith v. Solis, 390 Fed.Appx. 450 (6th Cir. 2010).

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 worked with CASA de Maryland during the Summer of 2011 assisting immigrant members seek improvements in housing conditions, and handling employment, immigration and consumer matters.

Richard is available as an event speaker about whistleblowers and their legal rights.

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. 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 marriage licenses 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 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.
• 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, 1987-2008. Delivered keynote address in 2010.

• Editor of Whistleblower Protection Blog (2009-present).
• Submitted comments to the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) on regulations for handling whistleblower complaints under the Sarbanes-Oxley Act (SOX) as modified by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
• Author of Blowing the Whistle, a letter to the editor printed by Scientific American, December, 2010.
• Submitted comments to the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) on regulations for handling whistleblower complaints under the Consumer Product Safety Improvement Act (CSPIA), Surface Transportation Assistance Act (STAA), National Transit System Security Act (NTSSA), and the Federal Rail Safety Act (FRSA).
• Presented "NTSSA Fact Sheet" on the National Transit System Security Act for the Executive Board of Local 689 of the Amalgamated Transit Union, 2010.
• Presented "Ethics in the Face of Evil" to the National Employment Lawyers Association (NELA) Convention, 2010.
• Submitted a report to the UN Universal Periodic Review, Ninth Session of the UPR Working Group of the Human Rights Council, on how the United States fails to comply with international human rights standards protecting whistleblowers.
• Presented "The Most Pressing Issues in Representing Whistleblowers" to the National Employment Lawyers Association (NELA) Convention, 2009.
• Author of A Union Victory at Case Farms web page article, 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, March, 2004.
• 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.