insights
What to Know About EEO Discrimination Complaints for Federal Employees
An Equal Employment Opportunity (EEO) discrimination complaint for federal employees is a formal grievance filed by a federal government employee who believes they have been subjected to unlawful discrimination in the workplace. This discrimination can be based on factors such as race, color, religion, sex, national origin, age, disability, or…
Get Help From An Employment Litigation Lawyer
Employment Litigation Lawyer Discrimination has no place anywhere, but especially in the workplace. Employment litigation for discrimination occurs when an employee alleges that they have been discriminated against by their employer based on their protected characteristics. Protected characteristics include race, gender, religion, age, sexual orientation, and disability, among others. Discrimination…
Biden-Harris Administration Wants to Bring Back Trump’s Asylum Ban
Earlier this year, the Biden-Harris Administration announced new border enforcement measures to “increase security at the border and reduce the number of individuals crossing unlawfully between ports of entry.” See White House Statement and Release. The announcement is in response to the surge of migrants crossing our Southern Border. Most notably, the measures…
Eric Montalvo Speaks to Good Listener Podcast About The Daniel Kinahan Case
Federal Practice Group Founding Partner Eric Montalvo was recently interviewed by John Hadden of the Good Listener Podcast. He discusses the legal actions against the now closed boxing promotion company MTK (previously home to Tyson Fury, Darren Till, and Carl Frampton), which is controlled by Dublin’s cartel boss Daniel Kinahan.…
Founding Partner Debra D’Agostino Speaks with CyberFeds on Two New Laws Protecting Pregnant Workers and New Mothers
Update procedures for new laws protecting pregnancy-related conditions, nursing By Anjali Patel, Esq., cyberFEDS® Legal Editor Washington Bureau IN FOCUS: Agencies must “update and revise” their accommodation procedures to comply with two new laws protecting pregnant workers and new mothers — the Pregnant Workers Fairness Act and the Providing…
Ongoing: Wickstrom et al v. United Airlines Master Executive Council et al (3:2022cv00315)
Ten pilots are suing United Airlines Master Executive Council (United MEC) and Air Line Pilots Association International (ALPA) stating that “the labor representatives violated their duty to fairly represent workers under the Railway Labor Act by not pushing back against United Airlines\’ vaccine policy”. Carol Thompson, John J. Michels Jr.,…
Women’s Equality Day – Women’s Suffrage Movement
August 26,2022, marks the 102nd anniversary of the ratification of the 19th amendment to the U.S. Constitution, which granted women in the United States the right to vote. The 19th amendment was ratified on August 26, 1920 and was one of the first steps towards women’s equality in the workforce.…
He Said-She Said: How the Current Wrongful Conviction Statute Precludes the Innocent From Recovering in False Sexual Assault Cases
The Navy-Marine Corps Court of Criminal Appeals’ decision in In re Gilpin, 81 M.J. 702 (N-M. Ct. Crim. App. 2021) has all but ensured that any military service member wrongfully convicted of sexual assault and unjustly imprisoned will never be able to recover from the United States Government. By way of…
The Nuances of Vaccine Mandate Enforcement Discussed by Founding Partner Debra D’Agostino with The Washington Post
Federal workers can be fired for refusing vaccination, but must show up to work until their cases are determined, new guidance says September 17, 2021 7:16 PM Federal employees can be fired for refusing to be vaccinated against the coronavirus, but as their disciplinary cases wind through the system, they…
Lawsuits and Statutes of Limitations
Personal Injury Lawsuits and Statutes of Limitations If you’ve been injured due to someone’s carelessness or wanton irresponsibility, filing a personal injury lawsuit makes sense. Seeking legal justice may be the only way of getting the full amount you deserve. However, there are statutes of limitations that prevent court filings…
Founding Partner Eric Montalvo Speaks With ESPN on Jojo Diaz Contract Situation
With distractions pushed aside, does JoJo Diaz finally have it all together? Joseph Diaz, above, is moving up in weight to challenge for the WBC interim lightweight title. Sye Williams/Golden Boy/Getty Images By Mike Coppinger When Ryan Garcia withdrew from his July 9 bout with Javier Fortuna to address his mental…
Founding Partner Debra D’Agostino Talks Whistleblower Reform With Tom Temin of Federal News Radio
Congress again ponders the next round of whistleblower reform May 27, 2021 11:21 am 8 min read Best listening experience is on Chrome, Firefox or Safari. Subscribe to Federal Drive’s daily audio interviews on Apple Podcasts or PodcastOne. A bill from the House Oversight and Reform Committee would fix what members see as…
Changes in the Buy American Act Explained
Proposed changes to the Buy American Act in Executive Order 14005 On January 25, 2021, President Joe Biden signed an executive order which aims to impose more stringent restrictions on federal procurement by tightening the enforcement of the Buy American Act (BAA). Within 180 days, the Federal Acquisition Regulation (FAR)…
When to and When Not to Petition a Discharge Review Board Explained
To Petition or Not to Petition a Discharge Review Board; the Reading Room has Answers You may be wondering if it is worth the time or expense to try to petition a Discharge Review Board to upgrade your discharge, get a better characterization of service, improve your re-enlistment (RE) code,…
Deputy Managing Partner Carol Thompson Provides Commentary on Government Contracting for Washington Examiner
EXCLUSIVE: ICE gave $87M no-bid contract to business with Biden ties, raising conflict of interest questions
Commentary on Court Martial Convictions for Military Times
Using a writ of mandamus to collaterally attack a court-martial conviction By Jason Moy The “Manual for Courts-Martial” is seen in this 2013 photo by the Fort Meade Public Affairs Office. (Army) After a conviction in a court-martial there are a few processes that may help reduce or eliminate the…
Founding Partner Eric Montalvo Speaks With the Virginia Pilot on Cpl. Thae Ohu Case
Gag order denied in case of Virginia Beach Marine who says she was sexually assaulted JAN 26, 2021 AT 2:26 PM Cpl. Thae Ohu (Courtesy of Pan Phyu) A military judge this week denied a gag order in the criminal case of a Virginia Beach corporal whose supporters say her…
Founding Partner Eric Montalvo Provides Commentary on Ongoing Litigation Involving Crime Boss Daniel Kinahan
Daniel Kinahan December 29 2020 07:31 PM ORGANISED crime boss Daniel Kinahan is being formally summonsed to respond to US-based civil law suit in which he stands accused of racketeering and money-laundering. He has been warned he has 21 days to respond to the case filed by Heredia Boxing Management…
Daniel Kinahan Has Formally Been Summoned Founding Partner Eric Montalvo Reveals to Sunday World
SEE YOU IN COURT Daniel Kinahan formally summoned in racketeering law suit He has been warned he has 21 days to respond to the case filed by Heredia Boxing Management in California Daniel Kinahan is being pursued in the U.S. courts ORGANISED crime boss Daniel Kinahan has been formally summonsed…
Founding Partner Eric Montalvo Speaks With the War Horse About His Client Not Receiving Proper Treatment or Respect
Gag Order: How Marine Corps Culture Silenced a Victim of Sexual Assault After a long week at work in August 2015, Thae Ohu relaxed with friends at a barracks party in Okinawa. She felt safe with them, and she had more than a couple of drinks. Hours later, several Marines…
Marine Corps Birthday Message
Happy 245th birthday United States Marines Corps! This date will always be a special one as the Federal Practice Group was founded by Eric S. Montalvo, a “Mustang,” retired from active duty after serving 21 years in the United States Marine Corps. FPG also has the honor of employing many…
Partner Heather White Discusses the Pregnant Workers Fairness Act With Federal Times
How new pregnancy accommodation legislation could impact feds Jessie Bur Pregnant and post-natal feds could get a stronger guarantee of medical accommodations under legislation that recently passed the House. (Jamie Grill/Getty Images) Legislation designed to ensure accommodations for pregnant and post-natal workers passed the House with broad bipartisan support Sept.…
Hatch Act and Acting Homeland Security Secretary Chad Wolf: Founding Partner Debra D’Agostino Gives Her Opinion to Washington Examiner
White House: Trump naturalization ceremony an official event “campaign decided to use” The White House defended its decision to hold a naturalization ceremony with President Trump amid the Republican National Convention Tuesday night as an “official” event that the Republican National Committee decided to pick up. “The President held a…
Heather White, a Partner at Federal Practice Group, Discusses a Recent Court Opinion Involving the Hatch Act
Court Dismisses Union’s Lawsuit Over Federal Employees’ Right to Talk ‘Impeachment’ and ‘Resistance’ In 2019, the American Federation of Government Employees sued the Office of Special Counsel over its Hatch Act guidance. HATCH ACT EMPLOYEE ACCOUNTABILITY IMPEACHMENT In August 2020, a district court dismissed a federal employee union\’s lawsuit that…
Eric Montalvo, Founding Partner of Federal Practice Group, Named One of the 2020 Veterans in Business Awards Honorees by Washington Business Journal
VETERANS IN BUSINESS AWARDS Veterans in Business: Eric Montalvo Eric Montalvo, founding partner, Federal Practice Group IN THIS ARTICLE Eric Montalvo Person Government & Regulations Industry Legal Services Topic Military & Defense Topic Professional Services Industry Ask Eric Montalvo about his time in the Marine Corps, and he’ll throw a…
Debra D’Agostino, Founding Partner of the Federal Practice Group, Talks with Federal News Network on Inspector Generals Being on Shaky Ground
Inspectors general on shaky ground after fast dismissals Rapid-fire changes in the ranks of big agency inspectors general by the Trump White House have good government and oversight groups rattled. And there’s still no Senate-confirmed IG for the pandemic relief oversight. Could all of this have a chilling effect on…
Heather White, a Partner at the Federal Practice Group, Speaks with Fed News Network on Recent SC Decision
SCOTUS clarifies age discrimination statute for feds Best listening experience is on Chrome, Firefox or Safari. Subscribe to Federal Drive’s daily audio interviews on Apple Podcasts or PodcastOne. When the Supreme Court ruled in favor of Veterans Health Administration employee Noris Babb, it was saying a couple of things. In part, the court…
Government Contracting, Coronavirus, and the Defense Production Act
Government Contracting, Coronavirus, and the Defense Production Act Many government contractors are aware of the Defense Production Act (DPA), but in the coronavirus era it is a good time to familiarize yourself with some of the smaller details and figure out if your company has an opportunity to capitalize on…
Heather White, a Partner at the Federal Practice Group, Speaks with ProPublica About USPS Fighting Workers’ Claims Since 2007
The Postal Service Fired Thousands of Workers for Getting Injured While Delivering and Processing Your Mail USPS forced out 44,000 workers who got injured on the job. The U.S. Equal Employment Opportunity Commission says the effort, part of a five year program, violated the law. But the Postal Service has…
Debra D’Agostino, Founding Partner of the Federal Practice Group, Talks With GovExec on the Consumer Financial Protection Bureau
BY MDOGAN / SHUTTERSTOCK.COM Supreme Court Will Consider Whether Consumer Bureau’s Structure Is Constitutional California-based law firm is arguing the bureau’s director has been given too much authority, violating the separation of powers. OCTOBER 22, 2019 The Supreme Court has announced that it will consider the constitutionality of the…
Debra D’Agostino, Founding Partner of the Federal Practice Group, Speaks with GovExec on Vulnerability Whistleblowers Face
President Trump at a White House news conference on Oct. 2. CAROLYN KASTER/AP Whistleblower is Vulnerable to Retaliation Due to Limited Intelligence Community Protections Under the law, the president is responsible for ensuring whistleblowers are protected, but experts say the law never accounted for a president leading the attack on a…
Joanna Friedman, a Partner at the Federal Practice Group, Speaks with CyberFeds About CBD Products Leading to Positive Marijuana Tests
Notify employees that CBD products could cause positive marijuana test IN FOCUS: With the increasing popularity of CBD, or cannabidiol products, agencies must educate employees that using these products could result in failing random drug tests. CBD products may contain THC (tetrahydrocannabinol), which is found in both marijuana and hemp…
FPG Talks to Government Executive About the IRS Getting Passports Revoked
Hundreds of Thousands of Delinquent Taxpayers Could Have Their Passports Revoked The IRS is cracking down on tax scofflaws, but some experts worry the agency is bypassing due process. AUGUST 29, 2019 06:04 PM ET The Internal Revenue Service has notified 389,000 delinquent taxpayers they are at risk of losing…
Debra D’Agostino, Founding Partner of the Federal Practice Group, Speaks with Government Executive on FBI Agent Peter Strzok’s Lawsuit
Former FBI Agent Peter Strzok’s Lawsuit Highlights a Gray Area in the Hatch Act The act does not address the use of government cell phones to send political text messages. Former FBI Special Agent Peter Strzok’s lawsuit accusing the Justice Department of improperly firing him in 2018 highlights a gray…
Ricardo J.A. Pitts-Wiley, a Partner at the Federal Practice Group, Appears on Government Matters to Discuss Why the President Cannot Block Twitter Users
Court rules the president cannot block Twitter users Published on July 16, 2019 Ricardo Pitts-Wiley, partner at the Federal Practice Group, details what the court ruling for the president’s Twitter account means for federal employees. The 2nd Circuit Court of Appeals found that President Trump cannot block Twitter users from…
Joanna Friedman, a Partner at the Federal Practice Group, Speaks with Huffington Post on a Court Blocking Trump’s Bid to Weaken Unions
A Court Blocked Trump’s Bid To Weaken Unions and The White House Found Another Way With a hand from political appointees, agencies are chipping away at federal union contracts at the bargaining table President Donald Trump suffered a major legal setback last August in his effort to deconstruct the administrative…
Carol Thompson, a Partner at The Federal Practice Group, Speaks with Federal News Network on Marijuana Stocks and Your Security Clearance
Owning marijuana stocks may skunk your security clearance or chances of getting one February 26, 2019 6:42 pm If you work for the Defense Department, owning one of the most talked about and potentially lucrative stocks on the market may put your job in jeopardy. The DoD Consolidated Adjudications Facility’s…
Debra D’Agostino, founding partner of the Federal Practice Group, was interviewed by The Gazette on Senate checks and balances
Senate Majority Leader Mitch McConnell (R-KY), and Sens. John Barrasso (R-WY), John Thune (R-SD), Todd Young (R-IN) and Joni Ernst (R-IA) arrive to speak after a Republican policy lunch on Capitol Hill in Washington, D.C. on January 29, 2019. (Joshua Roberts/Reuters) U.S. Senate must safeguard its authority The U.S. Constitution…
Debra D’Agostino, founding partner of The Federal Practice Group, speaks with WTOP about government workers and unemployment benefits
WASHINGTON — D.C. Mayor Muriel Bowser says she will introduce emergency legislation that she says would allow federal employees who live in D.C. and who have been working without pay during the partial government shutdown to file for unemployment benefits. “We’re doing this because we know that our residents cannot…
Carol Thompson, a Partner at the Federal Practice Group, Speaks with Courthousenews.com about the White House Security Clearance Procedure
House Panel to Probe Trump Security Clearances January 23, 2019 ERIKA WILLIAMS FacebookTwitterGoogle+Email In this May 18, 2018, file photo, White House adviser Jared Kushner speaks in the East Room of the White House. (AP Photo/Susan Walsh, File) WASHINGTON (CN) – A House of Representatives committee on Wednesday demanded that…
Ricardo J.A. Pitts-Wiley, a partner at the Federal Practice Group, appears on Government Matters to discuss what federal employees can and cannot do for cash during the furlough
Ricardo Pitts-Wiley, partner at the Federal Practice Group, outlines what federal employees can do to make additional money, and why you should check your agency’s rules before applying for an interim job. Restrictions and abilities for furloughed federal employees Furloughed employees are looking for sources of income until they receive…
Two Guatemalan Mothers Separated From Children Describe Hellacious Journeys to U.S.
Christina received a Bible in the GEO detention center in Aurora, which she opened to her favorite passage. Sara Fleming On Friday, July 20, Julia and Christina watched fifty undocumented parents who were detained with them in the GEO Group\’s immigrant detention facility in Aurora head out to Port Isabel,…
A fake news story helps expose a real crisis
A Federal Practice Group client is interviewed as part of an immigration story by Lauren Pearle of ABC World News Tonight. Click here if you would like to view the story.
Let’s Talk About Some Bad Ideas for Civil Service Reform
By Debra D’Agostino While the Trump administration touts salary freezes and reduced retirement benefits for federal workers (to attract new talent?), at last week’s Merit Systems Protection Board Summit, MSPB Vice Chairman Mark Robbins discussed some other proposed civil service reforms. Spoiler alert: They won’t help employees. Some proposals are…
Nepotism aside, Kushner is Part of a Big Club When it Comes to Security Clearance Problems
By Joe Davidson March 5 at 7:00 AM If anything good emerges from Jared Kushner’s predicament, it will be sustained improvements to a security clearance process that has trapped people who are far more qualified. It wouldn’t be the first attempt. President Trump anointed Kushner to a top White House…
U.S. Veterans: National Treasure or Lab Rats?
U.S. VETERANS: NATIONAL TREASURE OR LAB RATS? 21ST Century Cures Act, the Electroshock Machine, and Veterans While we have been occupied by the presidential election, there are some impending threats that are not getting enough attention for what they actually are. The 21st Century Cures Act contains provisions that can…
A Detailed Look at the Federal EEO Complaint Process
Under the law, federal employees are protected from discrimination by the several federal laws, including Title VII, the Rehabilitation Act, and the Age Discrimination in Employment Act. The basic premise of these equal employment opportunity laws is that there should be a level playing field for all employees when it…
When Tweets or Texts Can Cost You Your Job
By: The Federal Practice Group An increasing number of government officials have been caught using a personal e-mail server or their cell phone to transfer confidential federal information. In this era, it has never been easier to access the private information of various government agencies. Such confidential documents and communications…
Washington Post Quotes Attorney Debra D’Agostino on Female Firefighter Issue
The Washington Post recently turned to Attorney Debra D’Agostino for her insight into gender discrimination cases filed against our federal firefighting services. Mounting evidence and victim accounts indicate that working environments in federal agencies like Forest Service, Bureau of Land Management, and National Park Service are often openly hostile towards…
Attorney Joanna Friedman Speaks to Daily Beast about Trump NDAs
Donald Trump’s use of nondisclosure agreements with his employees is widely known and now many are wondering if, as President-Elect, Trump will be able to enforce similar “gag orders” on his White House staff. The Daily Beast turned to our own Attorney Joanna Friedman for insight on this matter and whether…
USCIS to Implement Filipino World War II Veterans Parole Program
In a policy that honors the thousands of Filipinos who bravely enlisted to fight for the United States in World War II, the United States Citizenship and Immigration Services (USCIS ) has announced that they will allow entry to those family members who are still waiting for their visa numbers…
Navy Times Interviews FPG on Navy Engineer Fraud Case
Navy Times recently turned to Attorney Bill Cowden for his insight on the developing case against a suspended Navy engineer who has been charged with social security and tax fraud. The indictment indicates the engineer, James Robert Baker, also has suspicious ties to Iran. Iranian-born Majid Karimi became a US citizen…
Eric Montalvo Discusses Release of Photos By Pentagon
On February 5, 2016, the Department of Defense agreed to release nearly 200 photographs to the public. These images show the abuse of Afghani and Iraqi prisoners by U.S. military personnel. In a recent feature on Russian TV, our own founding partner Eric Montalvo discusses the impact these photographs may…
Attorney D’Agostino Quoted by Federal News Radio About Upcoming Bills
At the Federal Practice Group, our federal trial attorneys are well-regarded by our peers for the elite advocacy we offer. Founding Partner Debra D’Agostino was recently quoted in a segment on Federal News Radio regarding several new bills Congress is currently considering. The three bills are the Official Personnel File…
Attorney Debra D’Agostino Lends Insight on Wolf Creek Controversy
The Durango Herald recently turned to Attorney Debra D’Agostino for her insight into the long-standing legal battle over Colorado’s Wolf Creek. The national site has been targeted for an “Aspen-like” resort development since the 1980s by Texas media and energy magnate Red McCombs. Due to new emails released via FOIA, the Forest…
Sgt. Bowe Bergdahl Court Martialed for 2009 Desertion, Eric Montalvo Speaks to Los Angeles Times
Sgt. Bowe Bergdahl was ordered to face a court-martial to answer to charges of desertion and endangering other troops when he disappeared from his combat post in Afghanistan in June of 2009. The trial could begin as soon as May, making it two years after the White House’s controversial swap…
Federal Labor Law & Secret Service Scandal: Attorney Debra D’Agostino Offers Insight
The Secret Service has faced multiple accusations of misconduct and inappropriate behavior by its employees in recent years. Earlier this month, the agency again made headlines after two senior agents allegedly drove through an investigative scene at the White House while under the influence. The incident has garnered national attention,…
VA taking steps to assist veterans with sexual assault disability claims
Depending on what statistics one views, military sexual trauma (“MST”) is significantly under-reported — as many as five in six incidents of MST are not reported. Although MST can and does exist against men and women, it is by far suffered disproportionately by women. For example, while women comprise 14…
House Bill Calls for Defense Department to Publish Military Sex Offender Database
Sexual assault in the military has been a national hot-button issue. Over the past several years, advocates and lawmakers have worked diligently to reshape laws regarding sexual abuse in the military and the ways in which officials handle accusations and convicted offenders. As part of the ongoing effort to improve…
President signs Clay Hunt SAV Act
Earlier this week the President signed into law H.R. 203, the “Clay Hunt SAV Act,” designed to strengthen the suicide prevention and mental health treatment programs at the Department of Veterans Affairs. This legislation, introduced but stalled in the last Congress, was fast-tracked in this Congress. It was passed unanimously…
Attorney Debra D’Agostino Quoted in The Washington Post
Attorney Debra D’Agostino – a Founding Partner in the Federal Employment Law Practice at The Federal Practice Group – was quoted in an issue of The Washington Post. The article –Thousands of Federal Workers on Extended Paid Leave – is a featured front page political piece. It discusses the large numbers…
Calling Out RIF Abuse
We are happy to report a significant recent victory for federal employees. This week, the Federal Labor Relations Authority affirmed an arbitrator\’s decision that The Office of Cuba Broadcasting, part of the Broadcasting Board of Governors [BBG], conducted a reduction in force to retaliate against employees who had criticized the…
Maternity Leave in the News
Marissa Mayer, one of Google’s earliest hires and most famous faces, left Google to become the new CEO of Yahoo. She also announced that she and her husband are expecting a baby in the next several months. At first glance, Ms. Mayer’s move could be seen as a great sign…
Equitable Price Adjustment
The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of a contract. They include changing the place of delivery, method of shipment or packing, drawings or designs, among others. See generally FAR 52.243-1. Such changes could potentially…
New Manual for Courts-Martial 2012 edition
A new edition of the Manual for Courts Martial incorporates all the changes made by Congress to the Manual in the National Defense Authorization Act of 2009, 2010, 2011 and 2012. Many of the changes come in response to the new caselaw addressing various parts of the Manual. For example,…
Administrative Discharges (Chapter 10) In Lieu of Court Martial
Each Military Service allows Servicemembers to administratively separate instead of going through a court-martial. For example, Army Regulation 635-200, Chapter 10, allows Soldiers to administratively separate in lieu of a court-martial by admitting to at least one charge. This is a quick and expedient way to leave one’s Military Service while…
Attorney Debra D’Agostino comments on federal employment case Klockner v. Solis
The Supreme Court granted certiorari in a federal sector employment case, Klockner v. Solis, from the Eighth Circuit. The issue in the case is whether the U.S. Court of Appeals for the Federal Circuit or, alternatively, a U.S. federal district court, has jurisdiction when the Merit Systems Protection Board (MSPB) decides…
‘Wrongful’ is not a sufficient notice for the charge of adultery under Art 134, UCMJ
On August 8, 2011, the United States Court of Appeals for the Armed Forces decided in United States v. Fosler, 70 M.J. 225, that ‘an accused cannot be convicted under Article 134 if the trier of fact determines only that the accused committed adultery; the trier of fact must also…
What to Know About EEO Discrimination Complaints for Federal Employees
An Equal Employment Opportunity (EEO) discrimination complaint for federal employees is a formal grievance filed by a federal government employee who believes they have been subjected to unlawful discrimination in the workplace. This discrimination can be based on factors such as race, color, religion, sex, national origin, age, disability, or…
Get Help From An Employment Litigation Lawyer
Employment Litigation Lawyer Discrimination has no place anywhere, but especially in the workplace. Employment litigation for discrimination occurs when an employee alleges that they have been discriminated against by their employer based on their protected characteristics. Protected characteristics include race, gender, religion, age, sexual orientation, and disability, among others. Discrimination…
Women’s Equality Day – Women’s Suffrage Movement
August 26,2022, marks the 102nd anniversary of the ratification of the 19th amendment to the U.S. Constitution, which granted women in the United States the right to vote. The 19th amendment was ratified on August 26, 1920 and was one of the first steps towards women’s equality in the workforce.…
He Said-She Said: How the Current Wrongful Conviction Statute Precludes the Innocent From Recovering in False Sexual Assault Cases
The Navy-Marine Corps Court of Criminal Appeals’ decision in In re Gilpin, 81 M.J. 702 (N-M. Ct. Crim. App. 2021) has all but ensured that any military service member wrongfully convicted of sexual assault and unjustly imprisoned will never be able to recover from the United States Government. By way of…
The Nuances of Vaccine Mandate Enforcement Discussed by Founding Partner Debra D’Agostino with The Washington Post
Federal workers can be fired for refusing vaccination, but must show up to work until their cases are determined, new guidance says September 17, 2021 7:16 PM Federal employees can be fired for refusing to be vaccinated against the coronavirus, but as their disciplinary cases wind through the system, they…
Lawsuits and Statutes of Limitations
Personal Injury Lawsuits and Statutes of Limitations If you’ve been injured due to someone’s carelessness or wanton irresponsibility, filing a personal injury lawsuit makes sense. Seeking legal justice may be the only way of getting the full amount you deserve. However, there are statutes of limitations that prevent court filings…
Changes in the Buy American Act Explained
Proposed changes to the Buy American Act in Executive Order 14005 On January 25, 2021, President Joe Biden signed an executive order which aims to impose more stringent restrictions on federal procurement by tightening the enforcement of the Buy American Act (BAA). Within 180 days, the Federal Acquisition Regulation (FAR)…
When to and When Not to Petition a Discharge Review Board Explained
To Petition or Not to Petition a Discharge Review Board; the Reading Room has Answers You may be wondering if it is worth the time or expense to try to petition a Discharge Review Board to upgrade your discharge, get a better characterization of service, improve your re-enlistment (RE) code,…
Commentary on Court Martial Convictions for Military Times
Using a writ of mandamus to collaterally attack a court-martial conviction By Jason Moy The “Manual for Courts-Martial” is seen in this 2013 photo by the Fort Meade Public Affairs Office. (Army) After a conviction in a court-martial there are a few processes that may help reduce or eliminate the…
Marine Corps Birthday Message
Happy 245th birthday United States Marines Corps! This date will always be a special one as the Federal Practice Group was founded by Eric S. Montalvo, a “Mustang,” retired from active duty after serving 21 years in the United States Marine Corps. FPG also has the honor of employing many…
Eric Montalvo, Founding Partner of Federal Practice Group, Named One of the 2020 Veterans in Business Awards Honorees by Washington Business Journal
VETERANS IN BUSINESS AWARDS Veterans in Business: Eric Montalvo Eric Montalvo, founding partner, Federal Practice Group IN THIS ARTICLE Eric Montalvo Person Government & Regulations Industry Legal Services Topic Military & Defense Topic Professional Services Industry Ask Eric Montalvo about his time in the Marine Corps, and he’ll throw a…
Government Contracting, Coronavirus, and the Defense Production Act
Government Contracting, Coronavirus, and the Defense Production Act Many government contractors are aware of the Defense Production Act (DPA), but in the coronavirus era it is a good time to familiarize yourself with some of the smaller details and figure out if your company has an opportunity to capitalize on…
Debra D’Agostino, founding partner of The Federal Practice Group, speaks with WTOP about government workers and unemployment benefits
WASHINGTON — D.C. Mayor Muriel Bowser says she will introduce emergency legislation that she says would allow federal employees who live in D.C. and who have been working without pay during the partial government shutdown to file for unemployment benefits. “We’re doing this because we know that our residents cannot…
Let’s Talk About Some Bad Ideas for Civil Service Reform
By Debra D’Agostino While the Trump administration touts salary freezes and reduced retirement benefits for federal workers (to attract new talent?), at last week’s Merit Systems Protection Board Summit, MSPB Vice Chairman Mark Robbins discussed some other proposed civil service reforms. Spoiler alert: They won’t help employees. Some proposals are…
U.S. Veterans: National Treasure or Lab Rats?
U.S. VETERANS: NATIONAL TREASURE OR LAB RATS? 21ST Century Cures Act, the Electroshock Machine, and Veterans While we have been occupied by the presidential election, there are some impending threats that are not getting enough attention for what they actually are. The 21st Century Cures Act contains provisions that can…
A Detailed Look at the Federal EEO Complaint Process
Under the law, federal employees are protected from discrimination by the several federal laws, including Title VII, the Rehabilitation Act, and the Age Discrimination in Employment Act. The basic premise of these equal employment opportunity laws is that there should be a level playing field for all employees when it…
When Tweets or Texts Can Cost You Your Job
By: The Federal Practice Group An increasing number of government officials have been caught using a personal e-mail server or their cell phone to transfer confidential federal information. In this era, it has never been easier to access the private information of various government agencies. Such confidential documents and communications…
VA taking steps to assist veterans with sexual assault disability claims
Depending on what statistics one views, military sexual trauma (“MST”) is significantly under-reported — as many as five in six incidents of MST are not reported. Although MST can and does exist against men and women, it is by far suffered disproportionately by women. For example, while women comprise 14…
House Bill Calls for Defense Department to Publish Military Sex Offender Database
Sexual assault in the military has been a national hot-button issue. Over the past several years, advocates and lawmakers have worked diligently to reshape laws regarding sexual abuse in the military and the ways in which officials handle accusations and convicted offenders. As part of the ongoing effort to improve…
President signs Clay Hunt SAV Act
Earlier this week the President signed into law H.R. 203, the “Clay Hunt SAV Act,” designed to strengthen the suicide prevention and mental health treatment programs at the Department of Veterans Affairs. This legislation, introduced but stalled in the last Congress, was fast-tracked in this Congress. It was passed unanimously…
Calling Out RIF Abuse
We are happy to report a significant recent victory for federal employees. This week, the Federal Labor Relations Authority affirmed an arbitrator\’s decision that The Office of Cuba Broadcasting, part of the Broadcasting Board of Governors [BBG], conducted a reduction in force to retaliate against employees who had criticized the…
Maternity Leave in the News
Marissa Mayer, one of Google’s earliest hires and most famous faces, left Google to become the new CEO of Yahoo. She also announced that she and her husband are expecting a baby in the next several months. At first glance, Ms. Mayer’s move could be seen as a great sign…
Equitable Price Adjustment
The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of a contract. They include changing the place of delivery, method of shipment or packing, drawings or designs, among others. See generally FAR 52.243-1. Such changes could potentially…
New Manual for Courts-Martial 2012 edition
A new edition of the Manual for Courts Martial incorporates all the changes made by Congress to the Manual in the National Defense Authorization Act of 2009, 2010, 2011 and 2012. Many of the changes come in response to the new caselaw addressing various parts of the Manual. For example,…
Administrative Discharges (Chapter 10) In Lieu of Court Martial
Each Military Service allows Servicemembers to administratively separate instead of going through a court-martial. For example, Army Regulation 635-200, Chapter 10, allows Soldiers to administratively separate in lieu of a court-martial by admitting to at least one charge. This is a quick and expedient way to leave one’s Military Service while…
Attorney Debra D’Agostino comments on federal employment case Klockner v. Solis
The Supreme Court granted certiorari in a federal sector employment case, Klockner v. Solis, from the Eighth Circuit. The issue in the case is whether the U.S. Court of Appeals for the Federal Circuit or, alternatively, a U.S. federal district court, has jurisdiction when the Merit Systems Protection Board (MSPB) decides…
‘Wrongful’ is not a sufficient notice for the charge of adultery under Art 134, UCMJ
On August 8, 2011, the United States Court of Appeals for the Armed Forces decided in United States v. Fosler, 70 M.J. 225, that ‘an accused cannot be convicted under Article 134 if the trier of fact determines only that the accused committed adultery; the trier of fact must also…
Biden-Harris Administration Wants to Bring Back Trump’s Asylum Ban
Earlier this year, the Biden-Harris Administration announced new border enforcement measures to “increase security at the border and reduce the number of individuals crossing unlawfully between ports of entry.” See White House Statement and Release. The announcement is in response to the surge of migrants crossing our…
Eric Montalvo Speaks to Good Listener Podcast About The Daniel Kinahan Case
Federal Practice Group Founding Partner Eric Montalvo was recently interviewed by John Hadden of the Good Listener Podcast. He discusses the legal actions against the now closed boxing promotion company MTK (previously home to Tyson Fury, Darren Till, and Carl Frampton), which is controlled…
Founding Partner Debra D’Agostino Speaks with CyberFeds on Two New Laws Protecting Pregnant Workers and New Mothers
Update procedures for new laws protecting pregnancy-related conditions, nursing By Anjali Patel, Esq., cyberFEDS® Legal Editor Washington Bureau IN FOCUS: Agencies must “update and revise” their accommodation procedures to comply with two new laws protecting pregnant workers and new mothers — the Pregnant…
Ongoing: Wickstrom et al v. United Airlines Master Executive Council et al (3:2022cv00315)
Ten pilots are suing United Airlines Master Executive Council (United MEC) and Air Line Pilots Association International (ALPA) stating that “the labor representatives violated their duty to fairly represent workers under the Railway Labor Act by not pushing back against United Airlines\’ vaccine policy”.…
Founding Partner Eric Montalvo Speaks With ESPN on Jojo Diaz Contract Situation
With distractions pushed aside, does JoJo Diaz finally have it all together? Joseph Diaz, above, is moving up in weight to challenge for the WBC interim lightweight title. Sye Williams/Golden Boy/Getty Images By Mike Coppinger When Ryan Garcia withdrew from his July 9 bout with…
Founding Partner Debra D’Agostino Talks Whistleblower Reform With Tom Temin of Federal News Radio
Congress again ponders the next round of whistleblower reform May 27, 2021 11:21 am 8 min read Best listening experience is on Chrome, Firefox or Safari. Subscribe to Federal Drive’s daily audio interviews on Apple Podcasts or PodcastOne. A bill from the House Oversight and Reform Committee…
Deputy Managing Partner Carol Thompson Provides Commentary on Government Contracting for Washington Examiner
EXCLUSIVE: ICE gave $87M no-bid contract to business with Biden ties, raising conflict of interest questions
Founding Partner Eric Montalvo Speaks With the Virginia Pilot on Cpl. Thae Ohu Case
Gag order denied in case of Virginia Beach Marine who says she was sexually assaulted JAN 26, 2021 AT 2:26 PM Cpl. Thae Ohu (Courtesy of Pan Phyu) A military judge this week denied a gag order in the criminal case of a Virginia…
Founding Partner Eric Montalvo Provides Commentary on Ongoing Litigation Involving Crime Boss Daniel Kinahan
Daniel Kinahan December 29 2020 07:31 PM ORGANISED crime boss Daniel Kinahan is being formally summonsed to respond to US-based civil law suit in which he stands accused of racketeering and money-laundering. He has been warned he has 21 days to respond to the…
Daniel Kinahan Has Formally Been Summoned Founding Partner Eric Montalvo Reveals to Sunday World
SEE YOU IN COURT Daniel Kinahan formally summoned in racketeering law suit He has been warned he has 21 days to respond to the case filed by Heredia Boxing Management in California Daniel Kinahan is being pursued in the U.S. courts ORGANISED crime boss…
Founding Partner Eric Montalvo Speaks With the War Horse About His Client Not Receiving Proper Treatment or Respect
Gag Order: How Marine Corps Culture Silenced a Victim of Sexual Assault After a long week at work in August 2015, Thae Ohu relaxed with friends at a barracks party in Okinawa. She felt safe with them, and she had more than a couple…
Partner Heather White Discusses the Pregnant Workers Fairness Act With Federal Times
How new pregnancy accommodation legislation could impact feds Jessie Bur Pregnant and post-natal feds could get a stronger guarantee of medical accommodations under legislation that recently passed the House. (Jamie Grill/Getty Images) Legislation designed to ensure accommodations for pregnant and post-natal workers passed the…
Hatch Act and Acting Homeland Security Secretary Chad Wolf: Founding Partner Debra D’Agostino Gives Her Opinion to Washington Examiner
White House: Trump naturalization ceremony an official event “campaign decided to use” The White House defended its decision to hold a naturalization ceremony with President Trump amid the Republican National Convention Tuesday night as an “official” event that the Republican National Committee decided to…
Heather White, a Partner at Federal Practice Group, Discusses a Recent Court Opinion Involving the Hatch Act
Court Dismisses Union’s Lawsuit Over Federal Employees’ Right to Talk ‘Impeachment’ and ‘Resistance’ In 2019, the American Federation of Government Employees sued the Office of Special Counsel over its Hatch Act guidance. HATCH ACT EMPLOYEE ACCOUNTABILITY IMPEACHMENT In August 2020, a district court dismissed…
Debra D’Agostino, Founding Partner of the Federal Practice Group, Talks with Federal News Network on Inspector Generals Being on Shaky Ground
Inspectors general on shaky ground after fast dismissals Rapid-fire changes in the ranks of big agency inspectors general by the Trump White House have good government and oversight groups rattled. And there’s still no Senate-confirmed IG for the pandemic relief oversight. Could all of…
Heather White, a Partner at the Federal Practice Group, Speaks with Fed News Network on Recent SC Decision
SCOTUS clarifies age discrimination statute for feds Best listening experience is on Chrome, Firefox or Safari. Subscribe to Federal Drive’s daily audio interviews on Apple Podcasts or PodcastOne. When the Supreme Court ruled in favor of Veterans Health Administration employee Noris Babb, it was saying a couple…
Heather White, a Partner at the Federal Practice Group, Speaks with ProPublica About USPS Fighting Workers’ Claims Since 2007
The Postal Service Fired Thousands of Workers for Getting Injured While Delivering and Processing Your Mail USPS forced out 44,000 workers who got injured on the job. The U.S. Equal Employment Opportunity Commission says the effort, part of a five year program, violated the…
Debra D’Agostino, Founding Partner of the Federal Practice Group, Talks With GovExec on the Consumer Financial Protection Bureau
BY MDOGAN / SHUTTERSTOCK.COM Supreme Court Will Consider Whether Consumer Bureau’s Structure Is Constitutional California-based law firm is arguing the bureau’s director has been given too much authority, violating the separation of powers. OCTOBER 22, 2019 The Supreme Court has announced that it…
Debra D’Agostino, Founding Partner of the Federal Practice Group, Speaks with GovExec on Vulnerability Whistleblowers Face
President Trump at a White House news conference on Oct. 2. CAROLYN KASTER/AP Whistleblower is Vulnerable to Retaliation Due to Limited Intelligence Community Protections Under the law, the president is responsible for ensuring whistleblowers are protected, but experts say the law never accounted for a…
Joanna Friedman, a Partner at the Federal Practice Group, Speaks with CyberFeds About CBD Products Leading to Positive Marijuana Tests
Notify employees that CBD products could cause positive marijuana test IN FOCUS: With the increasing popularity of CBD, or cannabidiol products, agencies must educate employees that using these products could result in failing random drug tests. CBD products may contain THC (tetrahydrocannabinol), which is…
FPG Talks to Government Executive About the IRS Getting Passports Revoked
Hundreds of Thousands of Delinquent Taxpayers Could Have Their Passports Revoked The IRS is cracking down on tax scofflaws, but some experts worry the agency is bypassing due process. AUGUST 29, 2019 06:04 PM ET The Internal Revenue Service has notified 389,000 delinquent taxpayers…
Debra D’Agostino, Founding Partner of the Federal Practice Group, Speaks with Government Executive on FBI Agent Peter Strzok’s Lawsuit
Former FBI Agent Peter Strzok’s Lawsuit Highlights a Gray Area in the Hatch Act The act does not address the use of government cell phones to send political text messages. Former FBI Special Agent Peter Strzok’s lawsuit accusing the Justice Department of improperly firing…
Ricardo J.A. Pitts-Wiley, a Partner at the Federal Practice Group, Appears on Government Matters to Discuss Why the President Cannot Block Twitter Users
Court rules the president cannot block Twitter users Published on July 16, 2019 Ricardo Pitts-Wiley, partner at the Federal Practice Group, details what the court ruling for the president’s Twitter account means for federal employees. The 2nd Circuit Court of Appeals found that President…
Joanna Friedman, a Partner at the Federal Practice Group, Speaks with Huffington Post on a Court Blocking Trump’s Bid to Weaken Unions
A Court Blocked Trump’s Bid To Weaken Unions and The White House Found Another Way With a hand from political appointees, agencies are chipping away at federal union contracts at the bargaining table President Donald Trump suffered a major legal setback last August in…
Carol Thompson, a Partner at The Federal Practice Group, Speaks with Federal News Network on Marijuana Stocks and Your Security Clearance
Owning marijuana stocks may skunk your security clearance or chances of getting one February 26, 2019 6:42 pm If you work for the Defense Department, owning one of the most talked about and potentially lucrative stocks on the market may put your job in…
Debra D’Agostino, founding partner of the Federal Practice Group, was interviewed by The Gazette on Senate checks and balances
Senate Majority Leader Mitch McConnell (R-KY), and Sens. John Barrasso (R-WY), John Thune (R-SD), Todd Young (R-IN) and Joni Ernst (R-IA) arrive to speak after a Republican policy lunch on Capitol Hill in Washington, D.C. on January 29, 2019. (Joshua Roberts/Reuters) U.S. Senate must…
Carol Thompson, a Partner at the Federal Practice Group, Speaks with Courthousenews.com about the White House Security Clearance Procedure
House Panel to Probe Trump Security Clearances January 23, 2019 ERIKA WILLIAMS FacebookTwitterGoogle+Email In this May 18, 2018, file photo, White House adviser Jared Kushner speaks in the East Room of the White House. (AP Photo/Susan Walsh, File) WASHINGTON (CN) – A House of…
Ricardo J.A. Pitts-Wiley, a partner at the Federal Practice Group, appears on Government Matters to discuss what federal employees can and cannot do for cash during the furlough
Ricardo Pitts-Wiley, partner at the Federal Practice Group, outlines what federal employees can do to make additional money, and why you should check your agency’s rules before applying for an interim job. Restrictions and abilities for furloughed federal employees Furloughed employees are looking for…
Two Guatemalan Mothers Separated From Children Describe Hellacious Journeys to U.S.
Christina received a Bible in the GEO detention center in Aurora, which she opened to her favorite passage. Sara Fleming On Friday, July 20, Julia and Christina watched fifty undocumented parents who were detained with them in the GEO Group\’s immigrant detention facility in…
A fake news story helps expose a real crisis
A Federal Practice Group client is interviewed as part of an immigration story by Lauren Pearle of ABC World News Tonight. Click here if you would like to view the story.
Nepotism aside, Kushner is Part of a Big Club When it Comes to Security Clearance Problems
By Joe Davidson March 5 at 7:00 AM If anything good emerges from Jared Kushner’s predicament, it will be sustained improvements to a security clearance process that has trapped people who are far more qualified. It wouldn’t be the first attempt. President Trump anointed…
Washington Post Quotes Attorney Debra D’Agostino on Female Firefighter Issue
The Washington Post recently turned to Attorney Debra D’Agostino for her insight into gender discrimination cases filed against our federal firefighting services. Mounting evidence and victim accounts indicate that working environments in federal agencies like Forest Service, Bureau of Land Management, and National Park…
Attorney Joanna Friedman Speaks to Daily Beast about Trump NDAs
Donald Trump’s use of nondisclosure agreements with his employees is widely known and now many are wondering if, as President-Elect, Trump will be able to enforce similar “gag orders” on his White House staff. The Daily Beast turned to our own Attorney Joanna Friedman for…
USCIS to Implement Filipino World War II Veterans Parole Program
In a policy that honors the thousands of Filipinos who bravely enlisted to fight for the United States in World War II, the United States Citizenship and Immigration Services (USCIS ) has announced that they will allow entry to those family members who are…
Navy Times Interviews FPG on Navy Engineer Fraud Case
Navy Times recently turned to Attorney Bill Cowden for his insight on the developing case against a suspended Navy engineer who has been charged with social security and tax fraud. The indictment indicates the engineer, James Robert Baker, also has suspicious ties to Iran. Iranian-born…
Eric Montalvo Discusses Release of Photos By Pentagon
On February 5, 2016, the Department of Defense agreed to release nearly 200 photographs to the public. These images show the abuse of Afghani and Iraqi prisoners by U.S. military personnel. In a recent feature on Russian TV, our own founding partner Eric Montalvo…
Attorney D’Agostino Quoted by Federal News Radio About Upcoming Bills
At the Federal Practice Group, our federal trial attorneys are well-regarded by our peers for the elite advocacy we offer. Founding Partner Debra D’Agostino was recently quoted in a segment on Federal News Radio regarding several new bills Congress is currently considering. The three…
Attorney Debra D’Agostino Lends Insight on Wolf Creek Controversy
The Durango Herald recently turned to Attorney Debra D’Agostino for her insight into the long-standing legal battle over Colorado’s Wolf Creek. The national site has been targeted for an “Aspen-like” resort development since the 1980s by Texas media and energy magnate Red McCombs. Due to new…
Sgt. Bowe Bergdahl Court Martialed for 2009 Desertion, Eric Montalvo Speaks to Los Angeles Times
Sgt. Bowe Bergdahl was ordered to face a court-martial to answer to charges of desertion and endangering other troops when he disappeared from his combat post in Afghanistan in June of 2009. The trial could begin as soon as May, making it two years…
Federal Labor Law & Secret Service Scandal: Attorney Debra D’Agostino Offers Insight
The Secret Service has faced multiple accusations of misconduct and inappropriate behavior by its employees in recent years. Earlier this month, the agency again made headlines after two senior agents allegedly drove through an investigative scene at the White House while under the influence.…
Attorney Debra D’Agostino Quoted in The Washington Post
Attorney Debra D’Agostino – a Founding Partner in the Federal Employment Law Practice at The Federal Practice Group – was quoted in an issue of The Washington Post. The article –Thousands of Federal Workers on Extended Paid Leave – is a featured front page political…