Marc E. Pasekoff

E-mail MeMarc E. Pasekoff

Associate since October 4, 2016
Location:
Washington, District of Columbia
Phone:
202-331-9260
Fax:
866-452-5789
Email:

Marc Pasekoff joined KCNF in October 2016. He is a graduate of the University of Virginia (B.A. 1988) and the University of Florida College of Law (J.D. 1991).

Marc’s practice focuses on the representation of federal and private sector employees before EEOC, MSPB and federal/state agencies involving various claims and appeals of discrimination and proposed disciplinary actions. His experience also includes litigation regarding Title VII, Rehabilitation Act, Americans With Disabilities Act, FMLA, FLSA and whistleblower claims. 

In addition, Marc has obtained favorable results for private-sector employees in areas including discrimination and retaliation, wrongful termination, violations of wage and hour laws, covenants not to compete, material diminution in executive authority/duties, constructive discharge and qui tam/whistleblower matters, securing relief that includes monetary settlements, reinstatement of benefits and reimbursement of attorney's fees.

During the past 20 years, Marc has counseled individuals and business entities in all phases of contested matters. Over this time, he has integrated practical solutions into his hands-on style to make the litigation process more efficient. In addition to his lengthy trial experience, Marc understands that a negotiated resolution may be a more effective outcome. Consequently, he uses common sense, combined with effort and legal knowledge, to build a consensus in reaching a solution, or to aggressively shape litigation with strategies that maximize client results.
Marc's cases have been featured in The Washington Post, Virginia Lawyer's Weekly and Mealy's Mold Litigation Report.

RECENT RESULTS:

In three day jury trial in Montgomery County, Maryland Circuit Court, client was awarded $527,231.52 in compensatory damages and pre-judgment interest supporting claims of breach of contract and promissory estoppel, and defeated affirmative defenses including duress, lack of consideration and unclean hands.

Secured significant pre-filing settlement against international real estate services company in mediation administered by retired Fairfax County, Virginia Circuit Court judge after assertion of sexual harassment, assault, battery and breach of employment agreement.

Obtained reassignment, compensatory and non-compensatory damages, restoration of leave and reimbursement of attorney's fees for District of Columbia Public Schools employee alleging gender and age discrimination.

Convinced Department of Labor to rescind two charge, twelve specification Notice of Proposed Removal alleging insufficient exercise of due diligence and failure to follow instructions by arguing harmful error, lack of authority by the proposing official, inconclusive supervisor instructions and non-alignment of position description specifics.

On first day of MSPB hearing, negotiated substantial settlement and restoration of leave for Department of Defense employee alleging retaliation based on whistleblower disclosures and hostile work environment.

During MSPB briefing, persuaded Office of Personnel Management to rescind underlying order denying client survivor annuity benefits and to issue total payment as demanded.

Secured large settlement via mediation in District of Columbia Superior Court to compensate client for personal injuries, emotional distress and loss of property originating from exposure to mold against multi-national limited partnership concerning claims of breach of contract, fraud, negligence and breach of warranty. Settlement was reached after lengthy, complex discovery and designation of expert witnesses.

Secured reversal of Final Agency Decision and defeated Agency assertion of laches, claim untimeliness and failure to state a claim in Office of Federal Operations appeal.

Combined analysis of violations of Agency's internal regulations with presentation of medical evidence and witness statements to rescind Notice of Proposed Removal issued by Department of Veteran's Affairs.

Litigated and settled multi-party proceeding in United States District Court for the Eastern District of Virginia concerning breach of fiduciary duty, trade secret violations, RICO, civil conspiracy and breach of contract claims.

Drafted Petition for Review, resulting in MSPB Remand Order, in protected disclosure and retaliation case.

Successful defense against Library of Congress based on lack of Due Process, harmful error and factual inaccuracies, against Notice of Proposed Adverse Action concerning senior federal employee facing five specifications and job demotion from GS-15 position.

ADDITIONAL CASE HIGHLIGHTS:

Obtained substantial settlement in Americans With Disabilities Act case against national brokerage house.
Negotiated release from non-competition/non-solicitation provisions of employment agreement, as well as sizeable monetary and stock settlement, for individual pursuing wrongful termination and Virginia wage payment violation.

Settled fierce dispute between family principals of multiple limited liability corporations involving alleged violations of non-competition and non-solicitation agreements, misappropriation of corporate assets and intentional fraud.

Awarded judgment and excluded critical medical evidence and defeated claim of undue influence and conversion regarding conveyance of family estate and improvements in Westmoreland County, Virginia Circuit Court bench trial.

Defense of publicly traded bio-technology company yielding reimbursement of attorney's fees and eve of trial stipulation of dismissal with prejudice concerning allegations of product deficiency and failure to adequately perform.

Successful defense of former homeowners in eight day jury trial in Montgomery County, Maryland Circuit Court regarding multi-million dollar claims alleging Maryland Consumer Protection Act violation and personal injury and property damage originating from mold exposure.

Extricated potential purchasers from $1.5 million sales contract against sellers and real estate agents in Loudoun County, Virginia Circuit Court based on pre-contractual misrepresentations, breach of statutory duties and pre-settlement misrepresentations.

Obtained significant monetary and non-monetary settlement in United States District Court for the District of Maryland lawsuit involving improper retention of "one of a kind," proprietary equipment.

Awarded summary judgment in United States District Court for the District of Maryland dismissing breach of contract, unjust enrichment and fraud claims subsequent to opposing party's loss of federal contract bid. (Eagle Technical Resources, Inc., et al. v. CGI Federal Inc., et al., 2011 U.S. Distr. LEXIS 17956).

Obtained significant, pre-discovery settlement in representation of homeowners against architect and design consultant concerning residential design flaws and mold exposure.

Reached $1.2 million settlement for client seeking involuntary corporate dissolution and alleging state securities fraud violation and breach of fiduciary duty.

Achieved post-discovery dismissal of environmental and improper land use/zoning allegations in Montgomery County, Maryland Circuit Court regarding purchase of gas station.

Preserved economic and non-economic rights for limited liability company against former co-managing member in U.S. Bankruptcy Court.

Areas of Practice

  • Employment Law
  • Discrimination and Harassment

Bar Admissions

  • Maryland, 1992
  • District of Columbia, 1993
  • Virginia, 2008
  • Florida, 1992

Education

  • University of Florida College of Law, Gainesville, Florida
    • J.D. - 1991
    • Law Review: Florida Law Review, Member, 1989 - 1991
  • University of Virginia
    • B.A. - 1988
    • Honors: With Honors
    • Major: Psychology

Honors and Awards

  • The Florida Law Review

Professional Associations and Memberships

  • The District of Columbia Bar
  • The Maryland State Bar Association
  • Virginia State Bar
  • Florida State Bar
  • The National Employment Lawyers Association
  • The Metropolitan Employment Lawyers Association