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Eric S. Montalvo

Eric S. Montalvo

Founding Partner
contact@fedpractice.com
(202) 862-4360

Profile

Eric S. Montalvo, a Founding Partner of the firm, has earned an international reputation as an aggressive, thorough, and respected trial attorney. He is familiar with the overwhelming nature of complex litigation and associated media strategies. Mr. Montalvo currently maintains a Top Secret/SCI security clearance. He has been recognized as a national leader in military law.

Mr. Montalvo, a “Mustang”, retired from active duty after serving 21 years in the United States Marine Corps which included combat tours during Desert Shield/Storm and Operation Iraqi Freedom, deployments to Afghanistan and duties which ranged from prosecution, defense, command advisor, representing the U.S. Department of Justice as a Special Assistant to the U.S. Attorney for Parris Island before the United States District Court for the District of South Carolina, and service before the Military Commissions.

Mr. Montalvo focuses his practice on complex litigation matters, government contracts, military law, and international dispute resolution.

Mr. Montalvo undertakes work in Afghanistan and abroad, navigating language and cultural barriers, interpreting complex international law and unprecedented issues, working directly with members of Congress, foreign embassies, foreign governmental ministries, Department of Justice attorneys, and Former President Obama’s Guantanamo Bay Task Force and Detainee Review team.

After graduating with honors with a Bachelor of Science in Business Management from the University of South Carolina, Mr. Montalvo received his Juris Doctor degree from Temple University School of Law with honors. While pursuing his law degree, he served as a judicial clerk for the Honorable Nitza I. Quinones Alejandro and interned with the Legal Clinic for the Disabled, the Camden Public Defender’s Office, and the Philadelphia District Attorney’s Office. Mr. Montalvo also participated in Temple University’s study abroad program in Greece, where he focused his studies on international law.

Eric Montalvo military ribbons

Experience

Army v. Captain Captain, who was a medical officer, faced a Board of Inquiry for substandard performance and misconduct. The officer was retained.

Protest of RANA Technologies Enterprises (2018) Eric Montalvo successfully represented an unsuccessful offeror in a bid protest of a subcontract award before the Government Accountability Office (GAO). Within days of filing the protest, the Government issued a notice of corrective action, which inter alia, identified irregularities in the award, acknowledged that errors were made in the assignment, and ultimately resulted in the termination of the subcontract award.

Petition for Remission or Mitigation of Seizure (2017) Eric Montalvo successfully represented a client in a request for remission or mitigation of funds seized as a result of an asset forfeiture matter from 2010. The government contracting team was able to demonstrate to the U.S. Postal Inspector Service that the funds seized seven years earlier were, in fact, traceable to a legitimate source and were remitted back to the client.

Zuhmat Group Construction (2016) Eric Montalvo successfully represented a government contractor on appeal before the Armed Services Board of Contract Appeals. On appeal, we claimed that the contractor was entitled to compensation for delivery fees and invoices left outstanding on its delivered orders. After a summary proceeding before the Armed Services Board of Contract Appeals, the Administrative Judge issued a binding decision sustaining the contractor’s appeal of all four orders and granting the contractor full payment on its invoices, plus interest.

Marine Corps v. CWO3 CWO3 facing a Board of Inquiry for alleged misconduct related to government contracting was retained, and ultimately allowed to retire.

Army v. Captain Captain facing a Board of Inquiry for a prior General Officer Memorandum of Record permitted to honorably retire.

Army v. CW2 CW2 facing a Board of Inquiry for a prior General Officer Memorandum of Record successfully retained.

U.S. v. James Bowling, Craig Allan Kolhagen, and Dennis Pennington Craig Allan Kolhagen were represented by Eric Montalvo in which he and two others were indicted for wire fraud, major fraud against the United States and Mr. Kolhagen was independently charged with disclosing source selection information. Through motions practice, Mr. Montalvo and his team successfully argued for a dismissal of the indictment. Mr. Kolhagen was also confronted with being administratively separated from the Marine Corps as a result of the charges. Mr. Montalvo and his team contested the administrative separation and achieved a full retention recommendation and saved Mr. Kolhagen’s retirement.

Captain Trey R. Sedenka v. Board for Correction of Naval Records Represented Captain Trey R. Sedenka before the Board for Correction of Naval Records (BCNR) in a case where the correction of Captain’s Sedenka’s naval record allowed him to recover the military incentive pay he was promised and was improperly denied upon his entry into the service. The Board found that an injustice had occurred and granted full relief.

U.S. v. Javier Vicente Cuevas (2014) SSG Javier Vicente Cuevas was charged with abusive sexual contact in violation of Article 120, UCMJ. After a several-day jury trial before a military panel, a full acquittal was secured. 

U.S. v. Juvenile 15 year old charged as an adult with felony malicious wounding as a result of him stabbing the alleged victim in the heart.  First trial ended in a mistrial due to juror misconduct and the second trial ended in a full acquittal.

Insights

Practice Areas
  • Government Contracting
  • White Collar Defense
  • Professional Liability
  • Military Law
  • International Law
  • Cross Border Transactions
Awards & Memberships
  • Superlawyers 2019, 2020, 2021, 2022
  • Law Eagles of America, 2021
  • Washington Business Journal’s 2020 Veterans in Business Award 
  • America's Top 100 Criminal Defense Attorneys, 2019
  • 2018 Lawyer International Legal 100 award for the top military criminal defense law firm of the year in the Washington, DC metropolitan area
  • 2018 ACQ Law Awards for Litigation Law Firm of the Year in the Washington, DC metropolitan area, 2018
  • 2017 Distinguished Lawyer award from Expert Network
  • 2017 Corporate INTL Global Award for the top military criminal defense firm of the year in the Washington, DC metropolitan area
  • Eric S. Montalvo was nominated for an Emmy by the National Academy of Television Arts and Sciences In 2016 the PBS Documentary “The Kill Team2016
  • Meritorious Service (2), Joint Service Commendation, Navy and Marine Corps Commendation, Navy and Marine Corps Achievement (3), Combat Action, Navy Unit Commendation, Good Conduct (2), National Defense (2), South West Asia (4), Afghanistan Campaign (2), Iraq Campaign (2), Global War on Terrorism, Sea Service Deployment, NATO, Saudi Arabia for the Liberation of Kuwait, Kuwait Liberation

 

  • American Bar Association, Member
  • George Mason University Center for Government Contracting, Advisory Board Appointee
  • Trial Lawyers Association of Metropolitan Washington DC
  • ABA Military Pro Bono Project
  • Academy of United States Veterans
  • Army Navy Club
  • DC Bar Volunteer Pro Bono Mediation Counsel
  • Virginia Bar Association Veteran’s Legal Assistance Program
Education
  • J.D. with Honors, Temple Beasley School of Law
  • B.S. with Honors, University of South Carolina

 

Court & Bar Admissions
  • District of Columbia
  • Pennsylvania
  • New Jersey
  • United States Supreme Court
  • United States District Court for the District of New Jersey
  • United States District Court for the District of South Carolina
  • United States District Court for the District of Columbia
  • United States Court of Federal Claims
  • United States Court of Appeals for the Armed Forces
  • United States Army Court of Criminal Appeals
  • Navy and Marine Corps Court of Criminal Appeals
  • United States Air Force Court of Criminal Appeals
  • Department of Veterans Affairs Accredited Attorney
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Ninth Circuit

Fighting for Justice

The Federal Practice Group provides skilled, results-driven representation. Through their thorough and aggressive representation of clients, our attorneys have earned a reputation throughout the legal community as relentless advocates who leave no stone unturned. This passionate, exacting approach yields results for our clients.

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