Derek J. Brostek
100 South Mason Street
Harrisonburg, VA 22801
Derek J. Brostek brings the perspective and discipline of a career as a Marine Corps officer to the cases in civil, business and insurance issues he handles at Wharton Aldhizer & Weaver PLC. Derek joined the firm after retirement as a Lieutenant Colonel. He started out as an artillery officer, worked with Marine Corp Security Forces, then went on to become a Marine lawyer. His thirteen years as a Marine Judge Advocate focused primarily on criminal law, including trial work, teaching trial advocacy and strategic policy work. Derek served in Afghanistan in the areas of operational law and detention operations.
Derek lives in the Harrisonburg area with his wife Trish and their two daughters, Lauren and Colleen. In his spare time he is an enthusiastic supporter of growing the availability of youth lacrosse in the Valley. His dedication to family, country and the rights and interests of his clients make him an attorney to have in your corner when facing difficult litigation issues.
Derek J. Brostek brings years of experience as prosecutor and defense attorney in misdemeanor and felony criminal cases to his current practice areas. He taught criminal law and trial advocacy at the Army JAG School in Charlottesville, VA with a focus on Fourth Amendment, digital/cyber issues in evidence, the law and advocacy of sentencing cases in military courts-martial, motion practice, trial advocacy and sexual assault issues.
Derek served at the Pentagon for Headquarters Marine Corps as the Head of the Military Justice Branch. His tour there covered criminal law policy issues, including working with Congress on legislation and drafting testimony for senior Marine Corps leaders.
He has written several articles in the area of criminal law and procedure:
"Prosecuting an HIV-Related Crime in a Military Court-Martial: A Primer," ARMY LAW, Sep.2009 at 29
"Searching for Reasonableness—The Supreme Court Revisits the Fourth Amendment," ARMY LAW, Feb.2010 at 4
"Judge Advocates Struggle with Aggravation," ARMY LAW, Mar. 2010 at 5
BA, Political Science, (1994) University of Rochester (Phi Beta Kappa, Magna Cum Laude)
JD (2001) William and Mary, (Order of Coif, Law Review, Moot Court, President of Military Law School)
LL.M (2009) The Army JAG School (one of 4 honor graduates)
Admitted to Practice
American Bar Association, 2004 Younger Federal Lawyer Award for criminal defense work
Virginia State Bar
Harrisonburg-Rockingham Bar Association
Virginia Association of Defense Attorneys
Selected to Virginia Business’ 2014 Virginia Elite for Civil Litigation
Rotary Club of Rockingham County
Massanutten District Lacrosse Club (Vice President)
“A violation here, a violation there, now OSHA can abate everywhere?”
A recent ALJ ruling in an OSHA case may signal a significant increase in OSHA’s attempts to enforce standards at locations they have not even inspected. In Secretary of Labor v. Central Transport, LLC (available here), OSHA filed a complaint requesting “enterprise-wide abatement”.
OSHA Issues Temporary Enforcement Policy
On May 4, 2015, OSHA issued its final rule on Confined Spaces in the Construction Industry, found at 29 CFR 1926.1201-1213.
Derek Brostek, an attorney at WAW, attended the ABA Labor and Employment Law Section's 2016 Midwinter Meeting in Santa Barbara, California from March 8 to March 11.