Mathew B. Tully

Mathew B. Tully (born October 2, 1973) is an American trial lawyer. He lives in Niskayuna, NY and his firm, Tully Rinckey PLLC, maintains offices in Albany and Washington, DC.

Education

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Tully graduated with a BA in Political Science from Hofstra University in 1995. He went on to receive his Juris Doctor from Brooklyn Law School in 2002.

Personal

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Tully was raised in Massapequa Park, NY but has lived in South Korea, Oklahoma, Georgia, and Brooklyn, NY.

He is married to wife Kimberly and has one son, Kevin.

Military Background

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Tully served for three years in the United States Army as a Field Artillery Officer [Flahardy, Cathleen. “Coming Home.” Inside Counsel. February 2008.] . He currently serves as a Major in the New York Army National Guard.

In 2005, Tully was deployed to Iraq with the 42nd Infantry “Rainbow” Division and was based at Forward Operating Base Danger in Tikrit, Iraq [Zangla, Ariel. “Back From Iraq.” Daily Freeman. December 27, 2005.] . As acting Division Chief of Operations, he was responsible for the organization and implementation of the military’s security and stability operations in Saddam Hussein’s hometown.

He was transferred to Camp Victory in Baghdad in November 2005 and returned to his firm in 2006 [Breakey, Patricia. “Guardsman Adjusts After Tour in Iraq.” The Daily Star. January 1, 2006.] .

Tully was deployed a second time in October 2007 for a month-long duty in Egypt. During this time, he conducted a series of exercises in support of “Operation Bright Star,” which works to enhance the relationship between the United States and the Middle East.

In 2005, Tully was awarded both the Iraq Campaign Medal and the Global War on Terrorism Service Medal. Also in 2005, the American-Arab Anti-Discrimination Committee honored Tully as the Pro-Bono Attorney of the Year [“9/11 Survivor Named Pro-Bono Attorney of the Year.” American-Arab Anti-Discrimination Committee. April 6, 2005.] .

Legal Career

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After escaping from the World Trade Center on September 11, 2001, where he worked in the legal department of Morgan Stanley, Tully relocated to Upstate NY where he formed his own law firm [Crawford, Michael. “Defending the Nation With Words, Not Guns.” Vetrepreneur. February 2008.] .

In 2004, he was joined by law partner Greg T. Rinckey to form the Albany, NY based law firm “Tully Rinckey & Associates PLLC.” On January 1, 2008, with the addition of new partners, the firm changed its name again to “Tully Rinckey PLLC.” In early 2008, the firm opened a branch office in Washington, DC [“Tully Rinckey Opens Office in Washington, D.C.” The Albany Business Review. April 1, 2008.] .

Tully practices both military and federal employment discrimination law. He also practices family law and is a criminal defense attorney. He has represented federal employees before the MSPB, EEOC, and OSC and in court before the United States Court of Appeals for the Federal Circuit and the US Court of Appeals for the Armed Forces.

In 2008, Tully spoke before the U.S. House and Senate Committees on Veterans’ Affairs regarding military discrimination issues [ http://veterans.house.gov/hearings/Testimony.aspx?TID=28281&Newsid=181&Name=%20Mathew%20B.%20Tully,%20Esq.] . His testimony before Congress and Senate influenced the Servicemembers Access to Justice Act of 2008 (SAJA), which was introduced by Senators Kennedy, Casey and Obama in August 2008 [ S. 3432 Servicemembers Access to Justice Act of 2008.] . SAJA will ensure that servicemembers and veterans are promptly reinstated in their civilian jobs when they return from tours abroad and strengthen the protections in current law to ensure that servicemembers’ and veterans’ employment and reemployment rights are effectively enforced under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Also in 2008, Tully was named as a Solicitor to the Supreme Court of England and Wales [ “People on the Move.” Washington Business Journal. September 1, 2008.] . He is admitted to the Oxford Institute of Legal Practice in Oxford, England.

Notable Cases

----In 2007, Tully was counsel in a decision which extended the timeline for filing for wrongly charged military compensation claims for annual, sick and leave without pay accounts between 1980 and 2000 (Jose D. Hernandez v. Department of the Air Force [ Jose D. Hernandez v. Department of the Air Force, 2006-3375 (2007)] ). The decision, which overturned a ruling by the MSPB, impacted 300,000 current, former and retired military reservists [ Barr, Stephen. “Court Says When In Doubt, Give Veterans the Benefit.” Washington Post. September 5, 2007.] [ Smith, Ralph. “The Billion Dollar Case for Federal Employees.” FedSmith.com. August 29,2007.] [Jowers, Karen. “Reservist Leave Ruling Favors Civil Servants.” The Army Times. August 29,2007.] [ Francis, Laura D. “Two Recent Federal Circuit Decisions Benefit Feds with Military Leave Claims.” Government Employee Relations. September 11, 2007.] [ Stashenko, Joel. “Two Leave Decisions Called ‘Huge Win’ for Reservists.” The New York Law Journal. August 31, 2007.] .

Also in 2007, Tully was involved in a case that overturned an MSPB ruling in favor of veterans’ rights. The Court of Appeals for the Federal Circuit ruled that while not legally obligated to do so, agencies may resolve claims for monetary relief for military leave by providing more compensation than an individual has been able to prove (Pucilowski v. Department of Justice [ Pucilowski v. Department of Justice, 2006-3388 (2007)] ).

In 2008, Tully represented a preference-eligible veteran who was denied application for a job based on his age. In this decision, the MSPB ruled that under the Veterans Employment Opportunities Act of 1998 (VEOA) and the USERRA, his veterans’ preference rights had been violated (Isabella v. Department of State [ Isabella v. Department of State, 106 M.S.P.R. 333 (2007)] ). The Board ruled that is was insufficient to establish that the maximum entry age is essential to the performance of the duties of the position [ Ballenstedt, Brittany. “Ruling Expands Veterans’ Access to Federal Jobs.” Government Executive. July 15, 2008.] .

Also in 2007, Tully was involved in a case that overturned an MSPB ruling in favor of veterans’ rights. The Court of Appeals for the Federal Circuit ruled that while not legally obligated to do so, agencies may resolve claims for monetary relief for military leave by providing more compensation than an individual has been able to prove (Pucilowski v. Department of Justice [ Pucilowski v. Department of Justice, 2006-3388 (2007)] ).

In 2008, Tully represented a preference-eligible veteran who was denied application for a job based on his age. In this decision, the MSPB ruled that under the Veterans Employment Opportunities Act of 1998 (VEOA) and the USERRA, his veterans’ preference rights had been violated (Isabella v. Department of State [ Isabella v. Department of State, 106 M.S.P.R. 333 (2007)] ). The Board ruled that is was insufficient to establish that the maximum entry age is essential to the performance of the duties of the position [ Ballenstedt, Brittany. “Ruling Expands Veterans’ Access to Federal Jobs.” Government Executive. July 15, 2008.] .

Law Enforcement

----Tully worked for over five years as a federal law enforcement officer for the United States Department of Justice before being medically retired. He retains a lifetime membership in the Fraternal Order of Police.

Tully is also the Chief of the Schenectady County Society for Prevention of Cruelty to Animals, an organization he began to protect animals from harm and ensure that animal cruelty laws are being enforced under their jurisdiction [ Marvin, Ross. “SPCA Forms in Schenectady County.” Spotlight News. March 25, 2008.] [ Filkins, David. “Officers Going on Patrol for Pets.” Times Union. March 25, 2008.] [ Lamendola, Michael. “New SPCA Chapter Plans to Lay Down the Law.” Daily Gazette. March 30, 2008.] . They are a non-profit organization that relies solely on the work of volunteers and donations; they receive no outside funding from private organizations or the government.

Media Presence

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Tully writes the nationally syndicated “Ask the Lawyer” [ http://www.militarytimes.com/community/ask_lawyer/] column for The Military Times. The column provides legal advice to servicemembers on military law as well as other common legal issues. He also writes a business legal column for The Saratogian, a newspaper based in Saratoga Springs, NY.

In addition, Tully co-hosts a talk-radio show with law partner Greg Rinckey called “The Tully Rinckey Legal Power Hour.” The show broadcasts on WGY 810AM in the Albany, NY area and worldwide via the WGY website.

References