December 23, 2011
Class Certification Granted in Maryland Wage-and Hour/FLSA Collective Action
On December 21st, Maryland U.S. District Court Judge Peter J. Messitte granted class certification in a hybrid state wage-and-hour case/FLSA collective action. The class consists of 152 Pinkerton's security guards at Andrews Air Force Base who were denied 45 minutes of pay per day for on-duty meal breaks. Pinkerton had a policy that the 45 minutes automatically be deducted from pay even though during their meal break the guards were confined to post, a guard shack, and required to be armed, listening to their radio and available to respond to emergencies.
Defendant strenuously argued that Dukes v. Wal-Mart Stores, Inc. required the judge to deny class certification. Judge Messitte found unpersuasive Defendant's argument that because individual employees had different experiences in how often their meal periods were interrupted to perform duty, there was no commonality for a class. Judge Messitte noted that under both relevant tests used by Fourth Circuit courts, the facts, especially the fact that the guards were confined to post during the meal periods, indicated that the entire meal period was compensable, making the common policy to deduct 45 minute for the meal period appropriate for class certification.
Michael T. Anderson of Murphy Anderson argued. Joni S. Jacobs and Renee Gerni of Murphy Anderson developed the briefs with Michael.
Art Rogers of the DC EJC is co-counsel in the case. His advice has been instrumental in developing and prosecuting the case.
December 20, 2011
Mark Hanna Radio Interview About State False Claims Acts
Murphy Anderson’s Mark Hanna was interviewed by Richard Renner on December 20 for the Progressive Radio Network radio program “Honesty Without Fear.” Mark talked about the success of the Federal False Claims Act in combating fraud. He also spoke about the federal incentives to states to enact false claims statutes of their own that mirror the federal False Claims Act. The state false claims acts provide incentives to whistleblowers who uncover fraud by contractors cheating state governments. These state false claims act statutes are particularly important to states combating Medicaid fraud with limited budgets.
December 5, 2011
Victory for Providence Worker Retention Law
An innovative Providence ordinance gives hotel workers a right to their jobs for 90 days after a change in ownership. Michael Anderson represented a coalition of workers and community organizations defending the Ordinance against a challenge by hotel employers. The U.S. Court of Appeals for the First Circuit affirmed a lower court decision upholding the Ordinance. This is an important victory for workers who use political power to establish new employment rights. It rejects employers' effort to misuse the National Labor Relations Act as a barrier against individual employment legislation.
Anderson told the National Law Journal that he foresees a new progressive movement "where state and local governments really start responding to economic crisis with innovative new solutions. There's nothing in the federal constitution or federal labor law that guarantees that employers be immune from progressive legislation like that."
September 30, 2011
Michael T. Anderson Writes Tenth Circuit Amicus Brief for NELA
Michael T. Anderson authored an amicus brief submitted in Lockheed Martin Corp. v. Department of Labor, et al., a case before the U.S. Court of Appeals for the Tenth Circuit. The brief was written for the National Employment Lawyers Association (NELA). The case involves a whistleblower who suffered retaliation, eventually being forced to resign her position, after reporting fraud at Lockheed Martin, a publicly traded company. The brief addresses whether Sarbanes-Oxley's whistleblower protections only apply to cases where there is fraud against shareholders and whether a whistleblower's complaint must recite the relevant statute and prove-up all the elements of the statute in order to receive protection from retaliation. The NELA brief argues that the answer to both questions is no.
August 5, 2011
Jury Finds in Favor of Murphy Anderson Clients in International False Claims Act Case
Murphy Anderson clients, German whistleblower Kurt Bunk and American whistleblower Ray Ammons, won a jury verdict after a 3-week trial against Belgian moving and transport giant Gosselin Worldwide Moving and affiliated companies. The case involved false claims related to a bid-rigging scheme among various European and American moving companies with contracts to move the personal property of American military personnel, including both moves within Germany and across the Atlantic.
The jury verdict was rendered on intervened and non-intervened claims in favor of the Relators and the United States in the U.S. District Court for the Eastern District of Virginia in Alexandria, Virginia before Judge Anthony Trenga. The case was filed by Murphy Anderson’s Ann Lugbill and Mark Hanna in 2002 and is the oldest of the cases on the Virginia federal court's "rocket docket," a court famed for moving cases along swiftly.
Based on various stipulations, judicial pretrial rulings, and the jury's verdict, the damages will be based on the total number of false claims, which is over 13,000.
The Relators' trial team was Richard Greenberg and John Petite of the Greensfelder law firm in St. Louis, Missouri and Mark Hanna of Murphy Anderson. Assisting were Ann Lugbill of Murphy Anderson and Washington, DC attorney Tom Stanton. Michael Anderson developed many of the legal theories, including those that perfected legal service of foreign defendants. Michelle Woolley assisted in local counsel duties, including the filing of many of the over 1000 docket entries.
The DOJ and Relators worked closely together throughout the litigation; there were multiple prior settlements since 2008 with dozens of German and American defendant moving companies. The case required the review and translation of thousands of German documents. Depositions were conducted and statements taken in both the US and Europe.
July 11, 2011
Murphy Anderson Named Judith M. Conti Pro Bono Law Firm of the Year
Murphy Anderson is proud to announce it has been named the Judith M. Conti Pro Bono Law Firm of the Year by the DC Employment Justice Center (EJC). The Firm will receive the award at an EJC annual fundraising breakfast on Thursday, September 15, 2011. The EJC is an organization dedicated to ensuring all workers receive fair treatment in the workplace.
Murphy Anderson attorneys Joni Jacobs, Michelle Woolley, Renee Gerni and Lorrie Bradley regularly volunteer at the weekly workers’ rights clinic held at Bread for the City, providing much needed legal advice to Washington’s low income workers. Mark Hanna is a previous recipient of the EJC’s lawyer of the year award and decade of service award. Murphy Anderson lawyers have partnered with the EJC in bringing high impact cases on behalf of workers who are victims of wage theft and sexual harassment. Murphy Anderson is honored to receive this award.
June 30, 2011
Murphy Anderson Attorney Published in The Nation
Jamie Raskin, Of Counsel to Murphy Anderson and a Maryland state senator, authored an article in The Nation about Benefit Corporation status. Senator Raskin was instrumental in passing a recent law in Maryland to allow for the creation of Benefit Corporations, which are business entities with public missions.
June 9, 2011
Department of Justice Reveals Proposed $ 34 million Civil and Criminal Settlement
The U.S. Department of Justice revealed today a proposed $ 34 million civil and criminal settlement with Brussels, Belgium-based pharmaceutical giant UCB for marketing of its drug Keppra in violation of FDA law.
The company pleaded guilty to one count of promoting the epilepsy treatment drug, Keppra, in the United States in 2004 for migraine treatment without the necessary approval from the Food and Drug Administration, the U.S. Department of Justice said.
The drug was only approved by the FDA to help treat those who have seizures from epilepsy.
"Today's guilty plea and UCB's $34 million payout should remind drug companies that try to cleverly design off-label marketing schemes that we will not allow them to compromise patient safety," said U.S. Attorney Ronald Machen.
The case is the latest settlement by a major pharmaceutical company over touting drugs in the United States for uses that have not been approved by the FDA, known as off-label promotion.
UCB will pay about $8.6 million in criminal fines and forfeiture and another $25.8 million to settle parallel civil allegations involving false claims submitted to U.S. federal healthcare programs, according to the plea agreement.
The company was accused of promoting Keppra with posters that claimed it was safe and effective for migraines and cited studies that it also claimed were independent -- but in fact were sponsored by UCB, according to the Justice Department.
Murphy Anderson' s Ann Lugbill and Mark Hanna were co-counsel with Rebecca Webber of Linnell, Choate & Webber, LLP for one of the whistleblowers. Murphy Anderson attorney Michelle Woolley also assisted in the matter.
For more information, see Murphy Anderson's press release.
May 27, 2011
Murphy Anderson Lawyers Win Free Speech Case before the NLRB
On May 26, 2011, the National Labor Relations Board ruled in a 3-1 decision that Sheet Metal Workers Local 15 did not violate the labor laws against coercive picketing when it set up an inflatable cartoon rat balloon on the public sidewalk near the Brandon Regional Medical Center in Brandon, Fla. The NLRB held that the balloon was lawful, peaceful expression. The cigar-smoking rat balloon was part of a protest against the hospital's use of a nonunion sheet metal contractor. Murphy Anderson's Michael T. Anderson and Arlus J. Stephens were counsel for the union, originally defending against the complaint before the NLRB in 2006 and representing the Union on review to the U.S. Court of Appeals for the D.C. Circuit. The Union won on appeal in 2007 on a related protest before a panel of three Republican-appointed judges. The D.C. Circuit remanded the case back to the NLRB, resulting in the NLRB's pro-free speech decision. The Board's decision, like the D.C. Circuit's, effectively grafts a whole new layer of legal protection onto peaceful union protest activity that the Board for decades has tried to outlaw as "picketing."
April 29, 2011
Michael Anderson Wins Labor Arbitration and Card-Check Case in First Circuit
Michael Anderson of Murphy Anderson won an important decision from the First Circuit in UNITE HERE Local 217 v. Sage Hospitality, ___ F.3d___, No. 10-1667 (1st Cir., April 29, 2011). The decision enforces a card-check agreement between a union and a developer, requiring that disputes over the agreement’s duration be decided by an arbitrator. The decision is a significant step in confirming the enforceability of both labor arbitration and of card-check agreements.
April 27, 2011
Mark Hanna Presents Whistleblower Seminar at AFL-CIO Lawyers Conference
Murphy Anderson partner Mark Hanna co-presented a whistleblower seminar at the 30th Annual AFL-CIO Lawyers Coordinating Committee (LCC) Conference. The panel discussed developments in the False Claims Act, and the SEC and IRS whistleblower statutes. Mark’s presentation focused on practical considerations involving the successful presentation and litigation of whistleblower cases.
March 31, 2011
RI District Court Judge Rules in Favor of Worker Retention Law
An amicus brief written by Michael Anderson helped win an important victory in the U.S. District Court for the District of Rhode Island on behalf of client UNITE-HERE Local 217 and twenty workers who support the Ordinance. Chief Judge Mary Lisi referenced Michael's brief repeatedly in rejecting an employer association's efforts to enjoin enforcement of a worker retention law in the city of Providence.
March 31, 2011
Michael Anderson Helps UNITE HERE Local Win Contract in Providence
Murphy Anderson attorney Michael Anderson represented UNITE HERE Local 217 in Providence in its successful struggle to win a contract at the Westin Providence Hotel, ratified February 15. The key was the NLRB General Counsel's unfair-labor-practice complaint against the Westin, after it unilaterally implemented sweeping wage cuts and subcontracts. The contract is an important victory in the fight for decent working standards and protection from subcontracting. For the NLRB's press release and the General Counsel’s Advice Memorandum directing complaint issuance provide additional information.
January 10, 2011
Murphy Anderson Attorneys Win Right to Sue Under Maryland Wage and Hour Laws for Private Contractors on U.S. Military Base
U.S. District Court for the District of Maryland Judge Peter Messitte recently held that private contractor employees (security guards) working on a federal enclave (Andrews Air Force Base) can sue their employer under Maryland's wage and hour statutes. Judge Messitte held that the Service Contract Act shows clear and unambiguous Congressional intent that state and local wage-and-hour laws apply to contract employees working on federal enclaves. In so holding, he rejected defendant employer's summary judgment argument to the contrary. Murphy Anderson Attorneys Renee Gerni and Michael Anderson successfully presented the employees' argument to the court.
November 2, 2010
Ann Lugbill Speaks at Taxpayers Against Fraud Conference
Murphy Anderson's Ann Lugbill was a panelist at the closing portion of the Taxpayers Against Fraud's 10th Annual Conference in Washington, DC. Ann's panel explored legal ethics issues prevalent in whistleblower cases, including conflict of interest, situations involving multiple relators, ethical methods of providing documents to the United States, attorney-client privilege and work product protections.
October 29, 2010
Mark Hanna Awarded DC Employment Justice Center's Decade of Service Award
At an awards ceremony at the Capital Hilton on September 29, 2010, Mark Hanna was recognized for his decade of commitment to the DC Employment Justice Center.
The EJC has previously recognized the lawyers of Murphy Anderson for their pro bono work. In 2007, Murphy Anderson lawyers received the EJC’s Pro Bono Law Firm of the Year award and Mark received the EJC’s first Volunteer of the Year award in 2002.
The EJC was co-founded by Judy Conti and Kerry O'Brien, pictured
here with Mark.
October 29, 2010
Ann Lugbill Quoted in National Law Journal Article on Pfizer Whistleblower Suit
Murphy Anderson’s Ann Lugbill was quoted in an October 4, 2010 National Law Journal piece on a qui tam case against Pfizer that resulted in the largest combined federal and state health care fraud settlements to date, with a criminal fine that was the largest yet imposed in a U.S. criminal prosecution. Ann discussed the unique issues whistleblowers face when filing these suits. Ann was co-counsel with Mark Hanna to one of the whistleblowers who brought the suit against Pfizer.
September 13, 2010
Murphy Anderson Welcomes Lorrie Bradley
Lorrie Bradley joined the firm in September 2010. Lorrie is a 2008 graduate of the University of North Carolina School of Law. Prior to joining Murphy Anderson, Lorrie was a Law Fellow at the AFL-CIO and was a judicial law clerk to Judge Martha Craig Daughtrey of the U.S. Court of Appeals for the Sixth Circuit. She is a member of the bar in North Carolina and the District of Columbia.
September 8, 2010
ABC News Reporting on Murphy Anderson False Claims Act Whistleblower Case Involving Unqualified Translators in Afghanistan
ABC Worlds News at 6:30 EST and Nightline at 11:30 EST will be airing a story on whistleblower and qui tam relator Paul Funk's lawsuit that alleges false claims of interpreter competency made by Columbus, Ohio-based Mission Essential Personnel, LLC, his former employer. The first amended complaint for the recently unsealed lawsuit alleges that Mission Essential Personnel, LLC (called "MEP") provided linguists who were not qualified to serve as translators for the armed forces in Afghanistan.
A web version of the story is available on ABC News’ website.
Murphy Anderson attorneys Mark Hanna, Ann Lugbill and Michelle Woolley are co-counsel with Scott Newar.
September 7, 2010
Murphy Anderson Afghanistan Translator Whistleblower Suit Unsealed in Eastern District of Virginia
On March 17, 2010, a judge for the U.S. District Court for the Eastern District of Virginia ordered a qui tam whistleblower suit brought by Murphy Anderson’s client Paul Funk unsealed. The first amended complaint alleges that Mission Essential Personnel, LLC (“MEP”) failed to provide qualified linguists to the military for use in Afghanistan per the terms of MEP’s contract with the United States Government. Murphy Anderson attorneys Mark Hanna, Ann Lugbill and Michelle Woolley are co-counsel with Scott Newar.
July 27, 2010
Murphy Anderson Attorneys Co-author Amicus Brief on SOX Subsidiary Liability Before DOL's Administrative Review Board
Murphy Anderson Attorneys Michael T. Anderson and Ann Lugbill recently co-authored an amicus brief submitted to the Department of Labor's (DOL) Administrative Review Board (ARB) on behalf of the National Employment Lawyers Association (NELA), The National Whistleblowers Center and the Government Accountability Project (GAP). ARB’s chief judge requested amicus briefing on four issues related to subsidiary liability under the Sarbanes-Oxley Act (SOX) for Johnson v. Siemens Building Technologies, Inc., et al. (ARB 08-032), currently pending before the ARB.
The brief makes three primary arguments. First, SOX extended the reach of securities regulation to the non-public subsidiaries of public corporations and that a non-public subsidiary that appears on a parent's Sarbanes-Oxley disclosures is by definition a "controlled" entity, which the Securities Exchange Act treats as a unified part of the publicly-traded parent. Second, Congress made the Sarbanes-Oxley prohibition on retaliation against whistleblowers congruent with the coverage of the rest of the Act, and coverage is not limited by the more restrictive doctrines of state corporation law or of labor law. Finally, the brief argues that since 1934, the Securities Exchange Act has not been limited by the formalities of the corporate shell that control state law, nor by the doctrines of operational centralization that limit labor law. If it were so limited, there would be little substance to SOX, and it defies Congress' express direction to hold that the activities of corporate subsidiaries are covered by failing to protect employees who report the very wrongdoing SOX was passed to prevent.
July 27, 2010
Ann Lugbill Interviewed in Investigative Report on Drug Maker Kickbacks to Physicians
Murphy Anderson’s Ann Lugbill was interviewed by WKYC TV (Cleveland/Akron, OH) in an investigative report on drug makers paying physicians who prescribe their drugs. Ann represented one of several employees who blew the whistle on Pfizer, the largest drug maker in the world, resulting in a $2 billion settlement to resolve allegations of kickbacks and improper off-label marketing of drugs. The WKYC investigation found that in Ohio, drug companies paid 645 physicians nearly $7 million in all or part of 2009.
July 1, 2010
Mark Hanna to be Awarded DC Employment Justice Center's Decade of Service Award
The DC Employment Justice Center has announced it will present Mark Hanna with its Decade of Service Award for his many years of volunteer service and leadership at the EJC’s workers rights clinic. The EJC will present the award at its 10th Anniversary Dinner at the Capital Hilton on September 28.
The EJC has previously recognized the lawyers of Murphy Anderson for their pro bono work. In 2007, Murphy Anderson lawyers received the EJC’s Pro Bono Law Firm of the Year award and Mark received the EJC’s first Volunteer of the Year award in 2002.
June 14, 2010
Ann Lugbill Moderates Panel at ABA False Claims Act Conference
Murphy Anderson's Ann Lugbill moderated an expert panel at the Eighth Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement Conference. Ann was chosen to field questions and to discuss the unique ethical issues that arise in False Claims Act litigation.
June 13, 2010
Murphy Anderson Welcomes Our 2010 Summer Law Clerk, Sara Clingan
Sara is a law student at the University of Virginia, where she is the business editor of the Virginia Journal of International Law. She graduated summa cum laude from the University of Texas at Dallas with a double major in economics and political science. Sara does pro bono work through the UVA Innocence Project Student Group and the Migrant Farmworker Project, an organization that informs migrant workers of their rights as employees.
May 18, 2010
Murphy Anderson Files Amicus Brief in 7th Circuit False Claims Act Anti-Retaliation Case
The U.S. Court of Appeals for the Seventh Circuit has accepted Murphy Anderson's amicus brief, filed on behalf of the Government Accountability Project, National Employment Lawyers' Association, National Whistleblowers Center and Taxpayers Against Fraud Education Fund in Gregory Perius v. Abbott Laboratories. The case raises the question whether the anti-retaliation provision of 31 U.S.C. § 3730(h) of the False Claims Act protects employee witnesses who cooperate with a Government investigation of potential false claims. The amicus brief argues that the District Court wrongly denied such protection where the employee-witness cooperated with the Government without making his own personal accusation of fraud. Amici urge that this subjective requirement has no basis in the statute. If the Government is investigating fraud, the False Claims Act requires that anyone assisting the Government be protected from retaliation.
Michael T. Anderson was the lead drafter of the brief with assistance from Ann Lugbill.
May 17, 2010
National Mediation Board Cites Murphy Anderson Comments in Changing Election Rules
On June 10, 2010, the National Mediation Board will amend its rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative. The previous policy required that a majority of eligible voters in the craft or class must cast valid ballots in favor of representation. The former policy therefore automatically counted non-voters as "no" votes.
Jamin B. Raskin, of counsel to Murphy Anderson, submitted comments in his role as a legal scholar at American University. Out of approximately fifty briefs filed, Professor Raskin's comments were among the few cited by the NMB's rulemaking decision.
December 3, 2009
Murphy Anderson successfully defeats injunction against union affiliation
U.S. District Judge Blanche Manning in Chicago today ruled in favor of Murphy Anderson clients and denied an injunction against the affiliation of United American Nurses with two other nurses' unions to form a new union, National Nurses United.
Arlus J. Stephens made the argument and was aided by Michael T. Anderson and Keira M. McNett.
September 2, 2009
Murphy Anderson Represents Pfizer Whistleblower in $2.3 Billion False Claims Act Settlement
Today, Pfizer, the United States Department of Justice and the Attorneys General of many of the States announced a settlement of $2.3 billion, including resolution of multiple False Claims Act qui tam actions alleging violations of the False Claims Act related to Pfizer's provision of prescription pharmaceuticals to various government programs, including Medicare and Medicaid.
The settlement is part of an overall public-private partnership between False Claims Act qui tam whistleblower plaintiffs, like Murphy Anderson client, Glenn DeMott of Columbus, Ohio, one of the whistleblowers whose case is part of the overall settlement — and federal and state civil and criminal prosecutors.
With this settlement, the False Claims Act shows that it is a cost- effective way to attack and prosecute False Claims Act violations,” said Ann Lugbill, who is of counsel to Murphy Anderson, an active member of the watchdog group, Taxpayers Against Fraud, and co-author of the book, False Claims Act: Whistleblower Litigation. Murphy Anderson attorneys Mark Hanna, of Washington, DC, and Michael Anderson of Boston, Massachusetts, and Ann Lugbill all represented Glenn DeMott in his qui tam whistleblower litigation.
“This record-breaking settlement is appropriately announced in the 200th anniversary year of the birth of Abraham Lincoln, the father of the False Claims Act,” remarked Lugbill.
March 3, 2009
Michael Anderson's ABA Labor Section Paper
The American Bar Association's Labor and Employment Section invited Michael Anderson to speak at its March 3, 2009 Midwinter Conference in San Diego. Michael's paper, "The Top Ten Contradictions of American Labor Law," argues that the labor movement must not limit its legal agenda to reversing the decisions of the Bush era. He argues that union advocates must attack anomalies in the law that have existed since the 1930s. He argues, for example:
* that management should not have standing in representation cases
* that management has no constitutional right to worktime propaganda, and
* that management has no right to keep privileges like the power to implement its final offer on impasse, once it wins the equal right to preempt strikes with lockouts.
January 30, 2009
Ann Lugbill Joins Murphy Anderson as Of Counsel
Murphy Anderson is proud to announce that Ann Lugbill is joining Murphy Anderson as of counsel. Ann is one of the deans of the whistleblower bar. She has filed dozens of whistleblowers claims under the False Claims Act. Her cases have resulted in hundreds of millions of dollars recovered for the United States and for qui tam whistleblowers who blow the whistle on corporate fraud against the government.
December 1, 2008
Mark Hanna Moderates DC Bar Program Concerning Labor and Employment Law in Obama Administration
Murphy Anderson's Mark Hanna moderated a DC Bar Labor and Employment Section program entitled, "Labor and Employment Law Priorities Under the New Administration". The roundtable discussion for the standing-room-only program focused on the legislative priorities of the new administration, including the Employee Free Choice Act and the Ledbetter Bill, as well as the priorities of the NLRB and the Department of Labor.
November 1, 2008
Murphy Anderson and DC EJC Win Collective Action
Murphy Anderson and the DC Employment Justice Center successfully partnered to obtain hundreds of thousands of dollars for thousands of employees of a DC building services company. The employer failed to pay overtime and consistently undercounted the hours worked by the low-wage workers.
The collective and class action was litigated by Joni Jacobs and Mark Hanna at Murphy Anderson and Art Rogers and Katie Laskey at the DC EJC.
October 9, 2008
Murphy Anderson wins appeal in sexual harassment retaliation case
The D.C. Court of Appeals affirmed a jury verdict for a Murphy Anderson client in a sexual harassment and retaliation case against her employer. Fred A. Smith Management Co. v. Cerpe, 957 A.2d 907 (D.C. 2008). Judge Farrell's opinion included several important holdings, including clarifying that plaintiffs are not required to prove psychological injury in order to demonstrate a hostile work environment. The Court also held there was sufficient evidence for the jury to find that the plaintiff was subjected to a hostile work environment and retaliation and affirmed an award of punitive damages.
Murphy Anderson attorneys also prevailed on their cross-appeal challenging the trial judge's reduction to attorneys' fees sought under the D.C. Human Rights Act. The Court held that the trial court abused its discretion by reducing the fee award based on the number of claims that went to the jury (compared to the number of claims pled in the complaint) and the number of attorneys used to staff the case.
Keira McNett argued the case in the D.C. Court of Appeals. Mark Hanna managed the litigation from its inception.
September 1, 2008
We are pleased to announce the formation of Murphy Anderson PLLC.