Mary E. Pivec

Woodbridge, Virginia

General Specialty

Labor Law
Law and Legal
Legal Malpractice - Immigration

Specialty Focus

Employer Defense
Employment Contracts
Employment Law
Employment Litigation
Government Audits
Handbook Policies
Human Resources
Immigration Fraud
Labor Law
Legal Ethics
Legal Malpractice (Immigration)
Wage Audit
Whistleblower Retaliation

Primary Areas of Expertise

Employment and Vocational

Ms. Pivec has over 35 years of experience in the cross-over fields of immigration and employment law. She has worked with litigation attorneys as a consultant and testifying expert in a broad range of civil and criminal cases raising claims of legal malpractice, breach of warranty, I-9 compliance, breach of fiduciary duty, immigration-related employment discrimination, alien harboring, LCA/H-1B fraud, and document fraud. Ms. Pivec is a fellow of the College of Labor and Employment Attorney and has been listed in Best Lawyers (Immigration Law) for over 30 years.

Ms. Pivec’s experience as a litigator representing employers before arbitrators, administrative law judges, and federal and state court judges, coupled with her brief writing skills, have proven valuable assets to the litigation teams she consults with. Her knowledge of the legislative history and development of immigration and employment law and regulations enables her to quickly grasp the strengths and weaknesses in a dispute and to craft concise, persuasive expert reports. She also brings strong verbal communication skills derived from years of teaching, lecturing, and advocating for clients before agencies, judges, and juries.


Related Discrimination Defense Experience

Ms. Pivec has represented employers in over 100 government investigations and enforcement actions involving Form I-9 compliance, employer sanctions and immigration-related discrimination matters. An associate editor and contributor to AILA’s Guide to WorkSite Enforcement & Corporate Compliance, published by the American Immigration Lawyers Association, Mary has trained and counseled hundreds of managers and human resource officers on immigration compliance issues. She has also qualified to testify as a defense expert on I-9 compliance and immigration-related discrimination claims in civil and criminal litigation.


DOL H-1B/LCA, H-2A and H-2B Enforcement Defense Experience

Since 1993, Mary has been representing employers targeted for enforcement audits by the U.S. Department of Labor Wage and Hour Division for alleged violations of the H-1B/LCA notice, labor dispute, wage payment, and recordkeeping requirements. Under her guidance and advocacy, her clients have saved hundreds of thousands of dollars in civil money penalties, back pay liability and the potential adverse consequences of debarment.


Employment Law Experience

Mary has more than 30 years’ experience in representing companies and executives in government agency investigations and private litigation involving EEO, wage and hour, whistleblower, and employment contract matters. In 2010 she was inducted into the American Bar Association’s College of Labor and Employment Attorneys and honor reserved to leading practitioners of labor and employment law with at least 20 years’ experience in the field. Membership in the College is by nomination of its members only, and recognizes those lawyers who have demonstrated sustained and exceptional services to their clients, bar, bench and public, and the highest level of character, integrity, professional expertise and leadership.



  • University of Maryland School of Law
    J.D., 1981
  • Johns Hopkins University
    M.A., magna cum laude, 1977
  • Towson State University
    B.A., magna cum laude, 1972



Andrew M. Lichenstein
Counsel / O’Melveny
400 South Hope Street
18th Floor
Los Angeles, CA 90071
213-430-6198 /

Amy Y. Cho
Managing Partner / Shook, Hardy & Bacon
111 S. Wacker Dr., Suite 4700
Chicago, IL 60606

Gary Miller
Co-Chair/  Business Litigation Practice Group
111 Wachter Drive
Chicago, IL 60606

Gregory S. Smith
Law Offices of Gregory S. Smith
1200 19th Street, N.W.
Washington, DC 20036

Jane W. Moscowitz
Moscowitz & Moscowitz, P.A.
2525 Ponce de Leon, Ste 1000
Coral Gables, FL 33134



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