Jordan, thank you so much for the insight.  I'm going to go through each step you presented.   Which channel would you recommend contacting Google through if the owner of that domain isn't willing to cooperate?  Thanks again for your help.

I just found another copy of my old website and have no way to take it down.  Unfortunately, it's ranking so he didn't place it as a nofollow.  (My boss hired someone to redevelop our website before I came on board and never finished the project).

So, could this be hurting us?  I tried to look to see if we were being penalized and couldn't find that we were.

Also, ever since we migrated to a new domain name,  our ranking is tumbling.  I've redirected properly and tested to make sure they're resolving correctly and they are.  I have no idea what is going on.  We've virtually lost all ranking.  Any help would be much appreciated.