Nola J. Hitchcock Cross has built her career by standing up for those who stand up or stand out while trying to make a living. She navigates highly confidential career transitions for high profile C-suite executives, professionals and public officials; she litigates retaliation claims for those who exercise their rights or oppose illegal discrimination or fraud; she takes on issues of fraud, whistleblowing and retaliation through qui tam actions, False Claims Act and SEC “relater” statutes; she is skilled in the negotiation of non-compete agreements and partnership issues; she litigates employment discrimination, wage & hour, and wrongful and retaliatory discharge claims; and she works with community organisations, cooperatives, consultants and micro-businesses in start-up and on-going representation.
In addition to litigation, she also focuses on counselling clients through pre-termination intervention, severance agreements, non-compete agreements and other restrictive covenants, employment contracts and key employee agreements, commission agreements and disputes, and job counselling, especially when “the handwriting is on the wall.” Counselling and negotiation may include particular attention to reputation and career transition, restrictive covenants, deferred compensation, stock options and grants, special tax considerations for highly paid individuals, benefit transition and consulting arrangements. She gives attention to issues of social media, press and internal announcements, and employment references, all with an eye for reemployment and reputation repair.
Ms. Hitchcock Cross has a reputation for handling matters where extraordinary remedies are required, such as injunctive relief, declaratory judgement, mandamus, writs of prohibition and other emergency equitable actions. Her communications background has led her to succeed in defamation, slander, and libel litigation and resolution.
Ms. Hitchcock Cross has a concentration in whistleblower actions. In addition to several smaller recoveries, she has obtained settlements under the False Claims Act for $12.9 million, $25 million, $31.5 million, and $38 million. Working to obtain the largest possible whistleblower share, she has made millionaires out of some of her clients. She also pursues Sarbanes-Oxley whistleblower actions and resolutions, either on a confidential settlement or a litigation basis. Federal contracts, as well as compliance with federal laws and regulations including FDA, Medicare, Controlled Substance Act, FARs, DFARs, ITAR, FOCI, SEC, IRS, Medicare and Dodd-Frank, are primary areas of her legal practice.
She has decades of experience representing labour unions in both the private and public sector, including in law enforcement, healthcare, construction trades, industrial employees, service employees, etc.
Ms. Hitchcock Cross also contributes to the Firm’s Business Law Center. She advises on business start-ups, contract bids, personnel, key employee contracts, vendor and customer collection disputes, and all manner of commercial litigation.
She also represents community organisations and co-operatives. She handles education law matters which involve special consideration of tenure, plagiarism, teacher and administrator contracts. She also represents community schools in start-up and on-going representation.
Attorney Hitchcock Cross is a frequent speaker and writer in areas of interest in employment, business, university law, community organisations and cooperatives, social media and employment law, and retaliation, in addition to qui tam, False Claims Act, SEC, IRS, OSHA and other whistleblower litigation. Recent presentations include to the Taxpayers Against Fraud Educational Fund on “Relater Share” (2015) and to the ABA False Claims Institute on “FCA Enforcement Against Hospitals, Device and Pharmaceutical Companies and Other Health Care Industry Companies: Is Medical Judgment a Trump Card?” (2016).
She has achieved an AV Preeminent peer-review rating,* the highest rating, through Martindale-Hubbell.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.