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September 21, 2008
The Tennessean recently reported that the Nuclear Regulatory Commission (NRC) is investigating the significant leads provided by the firm’s clients, who have reported serious safety problems with substantially inadequate security at the nuclear power plants operated by the Tennessee Valley Authority (TVA). At two TVA plants, guards were fired after they repeatedly complained that other guards were sleeping on the job, and were not paying attention even when awake. As a result of these and other complaints, and the NRC’s investigation, TVA has terminated its contract with Pinkerton, who provided the sleeping guards, and will have an in-house security force.
Click here to read article. |
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September 3, 2008
The Tennessean (Nashville) published a front-page story on the significant whistle-blowing of several firm clients working at the TVA nuclear plants. Gail Richards was fired for her reports of significant security violations at TVA’s plants. Ann Harris, another firm client, has worked with whistleblowers from TVA over the last 20 years, and has been instrumental in helping employees who find safety and security problems, bringing them to public attention so that they may be resolved.
TVA recently fired the Pinkerton Company because of pervasive security problems.
The Nuclear Regulatory Commission has subjected nuclear utilities to increased regulation nationwide after Kerry Beal, a former security guard at the Peach Bottom Plant, and firm client, videotaped security guards sleeping on the job.
Click here to read article. |
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July 21, 2008
Dr. Natwar M. Gandhi, Chief Financial Officer for the District of Columbia has appointed Lynne Bernabei to the Office of the Chief Financial Officer’s Audit Committee, which was created in the wake of significant tax irregularities, including problems reported by whistleblowers, in the D.C. Department of Tax and Revenue. The Audit Committee will assist the CFO in reviewing financial reporting processes, internal controls systems and compliance with established policies and procedures for the District’s financial management operations. The other Audit Committee Appointees are:
- Sheldon Cohen, Chairman, Director at Farr, Miller & Washington, LLC
- Donald H. Chaplin, Member of Standing Advisory Group of the PCAOB
- John Hill, Chief Executive Officer of the Federal City Council
- James Hudson, served as the Vice Chair of the National Capitol Revitalization Corporation
- Irving Pollack was a former Commissioner and Director of the Divisions if Enforcement and Market Regulation for the U.S. Securities and Exchange Commission
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July 21, 2008
Washington, D. C. Super Lawyers Corporate Counsel Edition 2008
Lynne Bernabei has been recognized as one of the Top Washington D.C. Lawyers by Super Lawyers, Corporate Counsel Edition. The third edition of Corporate Counsel Edition – to be published this December. |
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July 3, 2008
The Bernabei & Wachtel firm is pleased to announce a favorable result in a high profile sexual orientation and defamation case brought by Donald Hitchcock against his former employer, the Democratic National Committee, and three DNC officers – Chairman Howard Dean, Treasurer Andy Tobias and Associate Finance Director Julie Tagen.
After extensive discovery, all four defendants had moved for summary judgment. On behalf of Mr. Hitchcock, we filed a detailed opposition which showed that there were numerous disputed factual issues as to the “reasons” for terminating him, and whether the statements that the individual defendants made about him were defamatory. D.C. Superior Court Judge Clark promptly denied all four defendants’ motions, thereby allowing the claims to go to trial.
Judge Clark found that there were disputed factual issues whether the DNC discriminated against him based on his advocacy for LGBT issues, his sexual orientation, and his association with his partner who had criticized the DNC. Judge Clark found that there were disputed factual issues whether Howard Dean’s statements in the IN Magazine were defamatory, whether Andy Tobias’s statements to The Washington Blade and other sources were defamatory, and whether Julie Tagen’s statements to other DNC employees were defamatory. Judge Clark also found that there were disputed factual issues as to the involvement of the individual defendants with DNC’s termination of his employment.
The press and bloggers rapidly covered this decision and have discussed its significance to LGBT issues in the political world. This coverage includes the Washington Blade, the Citizen Chris blog, Andrew Belonsky’s blog, and the America Blog.
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June 30, 2008
The Tennessean (Nashville) published a front-page story about Ann Harris, a former client of our firm. Ms. Harris has not only reported significant safety problems at the Tennessee Valley Authority’s nuclear power plants, but also worked with numerous other safety advocates, both at TVA and elsewhere in Tennessee and neighboring regions. Ms. Harris has been instrumental in helping others who find safety and security problems, so that these problems can be brought to public attention and resolved.
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June 16, 2008
The National Law Journal published Alan Kabat’s commentary on the U.S. Supreme Court’s recent retaliation decisions, in which the Court held that employees can bring retaliation claims under Section 1981 (the race discrimination statute) and the federal-sector Age Discrimination Act, thus rejecting the view of employers and some courts that those laws did not allow for retaliation claims. |
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June 4, 2008
The Firm is representing Dr. Matthew Hahn in his wrongful discharge from the Tri-State Community Health Center, where he served as Medical Director. Dr. Hahn is well-known and well-respected family doctor known for his dedication and willingness to go the extra mile in patient care.
He has been working for Tri-State Community Health Center, Inc. in Maryland since 2000. During his tenure there, Dr. Hahn has received several accolades including the Spirit of the Panhandle Award in 2005 for his "commitment to community health opportunities", Family Doctor of the Year in 2006 by the MD-AFP, and also given the Outstanding Rural Health Practitioner Award in 2007. In early 2008 Dr. Hahn was fired in retaliation for filing a grievance signed by almost half of Tri-State employees complaining about abusive management that could compromise patient care.
The local community and practitioners at Tri-State have rallied to Dr. Hahn's defense.
News articles about Dr. Hahn's dismissal are at:
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May 15, 2008
Lynne has been appointed to the Board of Trustees of the Lawyers’ Committee for Civil Rights Under Law. |
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Washington, D. C. Super Lawyers 2007 & 2008
Lynne Bernabei has been recognized as one of the Top Washington D.C. Lawyers two years in a row by Super Lawyers. See Superlawyers.com. |
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April 28, 2008
The April 28, 2008 issue of The New Yorker has an article, “State Secrets: A Government Misstep in a Wiretapping Case,” by Patrick Radden Keefe. This article is about the government’s disclosure to our law firm of classified information that apparently disclosed the existence of the government’s warrantless wiretapping of attorney-client communications with several clients in early 2004. Mr. Keefe’s article also discusses how the courts and Congress have struggled to resolve these and related issues that arise when the Department of Justice asserts the state secrets privilege as a bar to bringing legal claims against the government.
Click here to read article. |
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