Born Santa Monica, CA, 31 May 1945. Served as radio operator in U.S. Army Security Agency, March 1966 to February 1970. Completed college and law school, and re-entered military service with U.S. Air Force as Judge Advocate in 1978. Retired from military service in August 1994, as Lieutenant Colonel. Opened private law office in Fair Oaks, CA, February 1995.
1978, U.S. Court of Military Appeals;
1979, District of Columbia;
1997, U.S. District Court, Eastern District of California;
1999, U.S. Court of Appeals for the Federal Circuit.
Southwestern School of Law, J.D., 1976;
National Law Center at George Washington University, LL.M. in Labor Law, 1986.
California State University, Los Angeles, B.S. in Business Management, 1973;
Midwestern State University, M.B.A., 1985
August 1986 to June 1991 - As a Judge Advocate with the U.S. Air Force, Mr. Nivens served as Chief of Labor Law at McClellan AFB. He supervised four attorneys there and two legal assistants. Under his direction, the Labor Law Section handled four class-action discrimination cases before the E.E.O.C. and in Federal District Court, and over seven hundred individual cases in various administrative forums. Mr. Nivens personally handled approximately 235 administrative cases before the M.S.P.B., E.E.O.C., F.L.R.A., F.M.C.S., O.S.C. and labor arbitrations.
June 1991 to August 1994 - Mr. Nivens served as a Trial Attorney and Chief of the U.S. Air Force Civillian Personnel Litigation Branch. He represented the Air Force in the court litigation of 90 cases involving labor relations, equal employment opportunity and civilian personnel law. He also led the Air Force defense team of four attorneys and 15 personnel specialists in a $300 million dual-forum discrimination class-action case, Munos vs. Sec AF. He personally handled three multi-million dollar cases involving 30 litigants seeking reinstatement, career status and back pay. Also, Mr. Nivens supervised 14 trial attorneys and three paralegal personnel engaged in the active litigation of over 450 individual cases and 18 class-action lawsuits in Federal Court claiming over $2 Billion.
February 1995 to present - In his private practice, Mr. Nivens has counseled approximately 1360 employees of the Federal Government and of the U.S. Postal Service regarding employment law matters. His cases have involved removals and other discipline, medical disqualifications, RIFs, retirements, survivor benefits, discrimination, harassment, whistleblower claims, agency grievances, security clearance adjudications, Privacy Act and FOIA matters, unemployment benefits, and workers compensation. Mr. Nivens has represented clients in more than 225 cases involving discrimination complaints before the E.E.O.C. or adverse actions before the M.S.P.B. and in other forums.