Recognized as a top whistleblower lawyer by Super Lawyers, Washingtonian Magazine and The Best Lawyers in America©, David J. Marshall has successfully represented hundreds of whistleblowers and other employees in the financial, pharmaceutical, nuclear, aviation, healthcare, medical-device and other industries. He is rated by Martindale-Hubbell as “AV Preeminent,” its highest possible peer-review rating.
A founding partner of Katz, Marshall & Banks, LLP, Mr. Marshall focuses his practice on a wide range of corporate whistleblower matters. He represents individuals in the whistleblower-reward programs administered by the Securities and Exchange Commission, the Internal Revenue Service and the Commodities Futures Trading Commission, and also represents plaintiffs or “relators” in qui tam lawsuits under the False Claims Act. Related to his representation of numerous whistleblowers before the SEC, Mr. Marshall publishes the annual SEC Whistleblower Practice Guide, a comprehensive handbook for whistleblowers and their lawyers.
Whistleblower-retaliation cases are also a central focus of Mr. Marshall’s work. He represents employees in claims arising under the whistleblower-protection provisions of the Sarbanes-Oxley Act, the Dodd-Frank Act, and numerous other federal and state laws when they have faced retaliation from their employers for reporting corporate wrongdoing. Mr. Marshall represented thirteen flight attendants in a whistleblower-retaliation complaint against United Airlines resulting in a March 2016 settlement that reinstated them to their jobs. In 2014, he represented the whistleblower in a successful qui tam and retaliation lawsuit against a nursing-home company for fraudulently billing Medicare for unnecessary therapies, and in 2013 he represented the whistleblower in a qui tam lawsuit against the Gallup Organization that resulted in the recovery of $10.5 million in taxpayer funds. He has also achieved important victories in whistleblower cases involving entities such as the Architect of the Capitol (asbestos), Deutsche Bank (financial reporting), the Brown’s Ferry Nuclear Plant (nuclear safety), and the Smithsonian National Air and Space Museum (asbestos), Lockheed Martin (defense contract).
In addition to his work as a whistleblower lawyer, Mr. Marshall has successfully represented plaintiffs in sexual harassment, pregnancy discrimination and other workplace discrimination cases, and has extensive experience in the negotiation of complex executive employment and separation contracts.
From 1981 to 1984 Mr. Marshall practiced as a staff attorney with the Political Rights Defense Fund, where he represented trade unionists and political activists nationwide in civil liberties, free speech, defamation, and political asylum litigation. He then worked as a steelworker, garment worker, freight railroad conductor, and refinery worker for 12 years, and was a rank-and-file union activist in some of the nation’s largest industries and unions. He returned to the full-time practice of law in Washington, D.C., in 1997.
Mr. Marshall has appeared in numerous national and local media. He speaks frequently at legal conferences as an expert on whistleblower law, has written extensively on whistleblower issues, and has provided comments and training to government agencies regarding developments in the nation’s whistleblower laws.
In addition to his legal practice, Mr. Marshall serves on a number of non-profit boards and committees. He is the whistleblower-side co-chair of the American Bar Association Labor and Employment Section’s Subcommittee on the Sarbanes-Oxley Act of 2002. He is a member of the steering committee of the Shelley Davis Memorial Fund of Farmworker Justice, the nation’s premier legal-advocacy group fighting for the rights of farmworkers. He also sits on the advisory board of the Government Accountability Project, a leading whistleblower rights organization, and recently served for three years on the Board of Directors of the Public Justice Foundation, an organization that uses litigation to advance consumers’ rights, workers’ rights, public health and safety, and access to the courts.
Mr. Marshall received his Bachelor of Arts degree, summa cum laude, from Emory University, and his J.D. degree from Harvard Law School, where he graduated cum laude.