Stephen M. Kohn
Encyclopedia
Stephen M. Kohn is an attorney for Kohn, Kohn & Colapinto
Kohn, Kohn & Colapinto
Kohn, Kohn & Colapinto, a Washington, D.C. law firm specializing in employment law, represents whistleblowers in the United States. Washingtonian Magazine, in its December 2004 issue, named the firm the top whistleblower within the Beltway. The three partners are brothers Stephen M. Kohn, Michael...

, a Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

, law firm specializing in employment law. The author of the first legal treatise on whistleblowing, Kohn is recognized as one of the top experts in whistleblower
Whistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...

 protection law. He also has written extensively on the subject of political prisoners and the history of the abrogation of the rights of political protestors. His interest in First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 issues as related to political protest likely spurred his interest in whistleblowers, as whistleblowing cases typically are adjudicated on the basis of the First Amendment.

Biography

Kohn is a graduate of Boston University
Boston University
Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers...

 (B.S. in Social Education. 1979) and Brown University
Brown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...

 (M.A. in political science, '81); he received his law degree from Northeastern University in 1984. While at Boston University, Kohn was one of the founders of the B.U. Exposure, a student-run independent newspaper dedicated to exposing the ethical irregularities of the administration of B.U. President John Silber
John Silber
John Robert Silber is an American academician and former candidate for public office. From 1971 to 1996 he was President of Boston University and from 1996 to 2003 Chancellor of the University. Since 2003 he has been its President Emeritus. In 1990, Silber took a leave of absence from the...

. (In an interview with Mike Wallace
Mike Wallace (journalist)
Myron Leon "Mike" Wallace is an American journalist, former game show host, actor and media personality. During his 60+ year career, he has interviewed a wide range of prominent newsmakers....

 first broadcast on 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....

 in January 1980, Silber denounced the B.U. Exposure staff as "short-pants communists".)

After graduating from Northeastern Law
Northeastern University School of Law
Northeastern University School of Law is a law school in Boston, Massachusetts. From the time of its founding in 1898, the law school's mission has focused on addressing the needs of students and of society....

, Kohn served as an Adjunct Professor and Clinical Supervisor at the Antioch School of Law
David A. Clarke School of Law
The David A. Clarke School of Law is the law school of the University of the District of Columbia . It is Washington, D.C.'s only public law school.-History:...

, where he oversaw a legal clinic on whistleblower protections from 1984-88. He also served as the Clinical Director and Director of Corporate Litigation for the Government Accountability Project.

Stephen Kohn founded the law firm now known as Kohn, Kohn & Colapinto with his brother Michael
Michael D. Kohn
Michael D. Kohn, a founding partner of the Washington, D.C. law firm Kohn, Kohn & Colapinto, is one of the top litigators specializing in whistleblower protection law. A graduate of Rutgers University , he received his law degree from the Antioch School of Law. After graduating from Antioch, he...

, in 1988. The original focus of the Kohn brothers and their later partner David K. Colapinto
David K. Colapinto
David K. Colapinto is an attorney for Kohn, Kohn & Colapinto, a Washington, D.C., USA, law firm specializing in employment law.Colapinto was born in Springfield, Massachusetts on December 4, 1958. He received his J.D. degree from Antioch School of Law after graduating from Boston University with a...

, was on nuclear power
Nuclear power
Nuclear power is the use of sustained nuclear fission to generate heat and electricity. Nuclear power plants provide about 6% of the world's energy and 13–14% of the world's electricity, with the U.S., France, and Japan together accounting for about 50% of nuclear generated electricity...

, specifically, protecting nuclear industry employees who blew the whistle on their employers in regards to safety
Nuclear safety
Nuclear safety covers the actions taken to prevent nuclear and radiation accidents or to limit their consequences. This covers nuclear power plants as well as all other nuclear facilities, the transportation of nuclear materials, and the use and storage of nuclear materials for medical, power,...

 issues.

In addition to defending whistleblowers, Kohn, Kohn & Colapinto has filed numerous qui tam
Qui tam
In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed...

 suits linked to the disclosure of government fraud. Kohn personally has represented whistleblowers in the O. J. Simpson murder case
O. J. Simpson murder case
The O. J. Simpson murder case was a criminal trial held in Los Angeles County, California Superior Court from January 29 to October 3, 1995. Former American football star and actor O. J...

, the World Trade Center bombing cases, the Oklahoma City bombing
Oklahoma City bombing
The Oklahoma City bombing was a terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. It was the most destructive act of terrorism on American soil until the September 11, 2001 attacks. The Oklahoma blast claimed 168 lives, including 19...

 case and the Linda Tripp
Linda Tripp
Linda Rose Tripp was a central figure in the Lewinsky scandal of 1998 and 1999 that led to the impeachment and subsequent acquittal of U.S. President Bill Clinton.-Early life and government employment:...

-Privacy Act
Privacy Act of 1974
The Privacy Act of 1974, 5 U.S.C. § 552a, Public Law No. 93-579, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies...

 case. One of the firm's clients was Dr. Frederic Whitehurst
Frederic Whitehurst
Frederic Whitehurst was a Supervisory Special Agent in the Federal Bureau of Investigation Laboratory from 1986 to 1998 where he went public as a whistleblower to bring attention to procedural errors and misconduct.-Vietnam:...

, a supervisor at the FBI Crime Lab, who blew the whistle on the Bureau and its tainting of forensic evidence for use by prosecutors. Kohn introduced Whitehurst's 1995 testimony before the House Subcommittee on Crime.

In 2006, Kohn was the Daynard Public Interest Visiting Fellow at his law alma mater, Northeastern Law
Northeastern University School of Law
Northeastern University School of Law is a law school in Boston, Massachusetts. From the time of its founding in 1898, the law school's mission has focused on addressing the needs of students and of society....

. He is the Executive Director of the National Whistleblower Center
National Whistleblower Center
The National Whistleblower Center is a nonprofit, nonpartisan, tax exempt, educational and advocacy organization based in Washington, D.C....

and Attorney-Trustee for the National Whistleblower Legal Defense and Education Fund.

External links


Books

  • Whistleblower Law: A Guide to Legal Protections for Corporate Employees (Praeger, 2004).
  • Concepts and Procedures in Whistleblower Law (Greenwood Press, 2000)
  • American Political Prisoners (Praeger, 1994).
  • The Whistleblower Litigation Handbook (Wiley Law, 1991)
  • The Labor Lawyers Guide to the Rights and Responsibilities of Employee Whistleblowers Greenwood Press, 1988)
  • Jailed for Peace ( Greenwood Press, 1986)*

Protecting Environmental and Nuclear Whistleblowers: A Litigation Manual (NIRS, 1985)

Articles

  • "Corporate Whistleblower Protection and Analysis", The Employee Advocate (Winter 2002/2003).
  • "Proving Motive in Whistleblower Cases", Trial (March 2002)
  • "Environmental Whistleblowers and the Eleventh Amendment: Employee Protection or State Immunity", 15 Tulane Environmental Law Journal 43 (Winter, 2001)
  • "Modern Trends in Protection of Employees under State Whistleblower Laws: A Model Statute", Vol. II, ALA National College of Advocacy Reference Materials, p. 1789 (Washington, D.C. 1998)
  • "The Crisis in Environmental Whistleblower Protection: Deficiencies in the Regulations Protecting Employees Who Disclose Violations of Environmental Laws or Testify" in 'Citizen Suits', 2 New England Environmental Law Forum 1 (New England School of Law, 1995)
  • "The Fort Leavenworth General Strike", a chapter in Nonviolence in America: A Documentary History, Staughton and Alice Lynd, editors (Orbis Books, Maryknoll, N.Y. 1995)
  • "An Overview of Federal and State Whistleblower Protection", 4 Antioch Law Journal 99 (Summer, 1986)
  • "Nuclear Whistleblower Protection and the Scope of Protected Activity Under Section 210 of the Energy Reorganization Act", 4 Antioch Law Journal 73 (Summer, 1986)
  • "Conscientious Objection: A Constitutional Right", 21 New England Law Review 545 (1986) (co-author, the Hon. Frederick L. Brown, Associate Justice, Massachusetts Court of Appeals).
  • "Human Rights and Freedom of Conscience in Administrative Law: A Critique of the Fugitive Slave Act and the Selective Service Act Through Use of the Liberty Fact Doctrine", 61 University of Detroit Journal of Urban Law 177 (Winter, 1984) (co-author, the Hon. Frederick L. Brown, Associate Justice, Massachusetts Court of Appeals)
  • "Whistleblowing and Environmental Protection", a contribution in the Macmillan Guide to Pollution (Macmillan Reference, N.Y. 2002-03).
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