Eric S. Montalvo

Eric S. Montalvo

Attorney Profile

Top Rated Military & Veterans Law Attorney in Washington, DC

Federal Practice Group
 | 1750 K Street NW, Suite 900
Washington, DC 20006
Phone: 202-862-4360
Fax: 888-899-6053
Selected To Super Lawyers: 2019 - 2020
Selected To Rising Stars: 2016
Licensed Since: 2002
Practice Areas:
  • Military/Veterans Law (30%),
  • Government Contracts (30%),
  • Professional Liability: Plaintiff (10%),
  • International (10%),
  • Criminal Defense: White Collar (10%),
  • Appellate (10%)

    About Eric Montalvo

    Admitted: 2002, Washington D.C.

    Professional Webpage: http://www.fedpractice.com/meet_our_team/eric-s-montalvo/

    Honors/Awards:

    • The American Institute of Legal Counsel compiles an exclusive list of the “10 Best” Attorneys for each State and depending on population for Cities or Regions to be more applicable to potential new clients who utilize this site when looking for an Attorney. The “10 Best” is a prestigious honor for the Attorney as each Attorney must: Be formally nominated by the Institute, client, and/or fellow Attorney;  Have attained the highest degree of professional achievement in his or her field of law; and Having done so with an impeccable Client Satisfaction rating. The American Institute of Legal Counsel rating system helps clients throughout the United States make educated decisions when it comes to choosing their attorney. Membership is an exclusive honor and extended only to those select few who have reached the top of their profession while doing so with the client’s satisfaction being of the most paramount importance. Mr, Montalvo was named to the Washington, DC 10 Best Attorneys - Client Satisfaction - Military Law Division, American Institute of Legal Counsel for 2016., 10 Best Attorneys - Client Satisfaction - Military Law Division, American Institute of Legal Counsel, 2016
    • The American Institute of Legal Counsel compiles an exclusive list of the “10 Best” Attorneys for each State and depending on population for Cities or Regions to be more applicable to potential new clients who utilize this site when looking for an Attorney. The “10 Best” is a prestigious honor for the Attorney as each Attorney must: Be formally nominated by the Institute, client, and/or fellow Attorney;  Have attained the highest degree of professional achievement in his or her field of law; and Having done so with an impeccable Client Satisfaction rating. The American Institute of Legal Counsel rating system helps clients throughout the United States make educated decisions when it comes to choosing their attorney. Membership is an exclusive honor and extended only to those select few who have reached the top of their profession while doing so with the client’s satisfaction being of the most paramount importance. Mr. Montalvo was named to the Washington, DC 10 Best Attorneys - Client Satisfaction - Military Law Division, American Institute of Legal Counsel for 2017., 10 Best Attorneys - Client Statisfaction - Military Law Division, American Institute of Legal Counsel, 2017
    • The nomination phase involves confidential forms being returned to us by individuals that are deemed as qualified by our research team. Our research department conducts extensive reviews, draws insight from business leaders throughout the world and takes suggestions over the proceeding 6 months to produce a shortlist of firms for each category. In particular we spend the last few months leading up to the award announcements working through tens of thousands of nomination forms that we receive back from the following sources: The readership of Corporate INTL magazine, which is distributed to over 70,000 individuals each month, all of which are either investors in business, leaders of companies or advisers for those businesses on a global level Our database of over 300,000 individual partners of law firms Our database of over 250,000 CFOs, CEOs and Directors of public & private businesses around the world Our database of over 50,000 in-house counsel of businesses operating publicly and privately, varying in size from private mid-market to leading publicly listed companies around the world The financial community, Investment Managers, Private Equity Investors, Investment Bankers, Hedge Fund Managers, Business Bankers, Asset Based Lenders and Wealthy Individuals The Specialist Advisory Community – PR Firms, Marketing & Business Development Professionals, Due Diligence Providers, Consultancy Firms, Property Advisers, Pension Firms, and other experts that assist businesses and advisers with the services they require to run their businesses, Global Award Winner - Military Criminal Defense Law Firm - DC, Corporate International , 2017
    • GLE is a recommendation service and reference source profiling the leading partners and law firms for all key practice areas in over 140 countries. Businesses and individuals alike are able to locate and contact our listed individuals in their required jurisdiction for their specific needs without having to conduct costly and time consuming independent research. Each listed expert is a leading figure in their area of practice and many are affiliated with well known international networks / alliances. As a result this enables GLE to be used as an internal referral network for the law firms and partners profiled. GLE also acts as a portal for the legal community to keep up to date on current practice area news and relevant events / conferences all around the world., Global Law Expert - Annual Award Litigation, Global Law Expert, 2017

    Bar/Professional Activity:

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

    Pro bono/Community Service:

    • In 2016 the Federal Practice Group drafted new Articles of Corporation and By-Laws for the Tuskegee Airmen Foundation so the organization could comply with the recent changes made by the District of Columbia Nonprofit Corporation Act of 2012. The FPG also helped the organization reinstated by the Department of Consumer and Regulatory Affairs Corporation Division.
    • The District of Columbia Court of Appeals and the Superior Court of the District of Columbia each year acknowledges attorneys who provide a minimum of 50 hours of pro bono work in a year for those who could otherwise not afford legal representation. 

    Scholarly Lectures/Writings:

    • "Operational Encroachment: Woodpeckers and Their Congressman" 20 Temp.Envtl.L.& Tech.J. 219 (2002).  
    • "The Constitutional Right to Marry…Fundamental Right or Façade? A review of the Constitutionality of military restrictions on the right to marry…and even if they could…whether they should." 52 Naval L. Rev. 239 (2005).  
    • 60 Days to Freedom - The Release and Repatriation of Mohammad Jawad, Military Law and the Law of War Review 48 1/2 (2009).  

    Verdicts/Settlements:

    • U.S. v. Jacob L. Pease   Mr. Montalvo successfully appealed the case to NMCCA and when the government appealed he sucessfully briefed and argued the matter before CAAF - the military's supreme court. The result was a landmark decision in the arena of sexual assault in the military.  The issue of consent in sexual assault cases when intoxication is involved has been at the heart of countless military cases over the years.   In U.S. v. Pease, the court ruling resulted in the definition of the term “incapable of consenting.” The decision overturned the conviction of Mr. Montalvo’s client and set a precedent for all cases of this nature moving forward.  U.S. v. Daniel J. Zambrano (case cite) Eric Montalvo of The Federal Practice Group was able to successfully argue on appeal before NMCCA that the trial court’s decision finding of guilty was based on improper opinion testimony. The court agreed with Mr. Montalvo that the opinion testimony was materially prejudicial to Mr. Zambrano’s case set aside the findings of guilty and sentencing. United States v. Specialist Kesha R. Conner (case cite) Specialist Kesha R. Conner was convicted on five different counts and sentenced to a bad-conduct discharge. Eric Montalvo of The Federal Practice Group was able to was able to successfully argue before ACCA on appeal that that the trial court judge in the original trial abused his discretion thereby materially prejudicing appellant’s substantial rights. Based on these findings her verdict was overturned. U.S. v. Javier Vicente Cuevas 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 Eric Montalvo of The Federal Practice Group secured a full acquittal. Captain Trey R. Sedenka v. Board for Correction of Naval Records Mr. Montalvo 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. Zuhmat Construction Group before the United States Armed Services Board of Contract Appeals (case cite) Zuhmat Construction Group performed services for the US Government in Afghanistan.  Zuhmat was unable to successfully obtain payment for these services.  Eric Montalvo of The Federal Practice Group successfully appealed this non-payment with the ASBCA obtaining full relief for the client.  U.S. v. James Bowling, Craig Allan Kolhagen and Dennis Pennington Craig Allan Kolhagen was represented by Eric Montalvo of The Federal Practice Group 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.      , 2016
    • 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 aquittal., 2017

    Other Outstanding Achievements:

    • In 2016 the PBS Documentary “The Kill Team”, which featured Founding Partner Eric S. Montalvo of The Federal Practice Group Worldwide Service, was nominated for an Emmy by the National Academy of Television Arts and Sciences., 2016
    • 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
    • Feature in the "The Boy From GITMO" - GQ Article https://www.gq.com/story/boy-from-guantanamo  

    Videos:

    • https://www.youtube.com/watch?v=e5A-MXUIZ_c, ClearedJobs.Net

    Educational Background:

    • University of South Carolina - BS Management Science
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    Office Location for Eric S. Montalvo

    1750 K Street NW
    Suite 900
    Washington, DC 20006

    Eric S. Montalvo:

    Last Updated: 8/28/2020

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