Overview
Kevin draws on his experience as a federal prosecutor in the Eastern District of Virginia and an investigative counsel for the congressional investigation into January 6th to help clients in complex trials, appeals, and government investigations. Across his career in public service and private practice, Kevin has tried criminal and civil cases to juries, argued before the US Court of Appeals for the Fourth Circuit, prepared Supreme Court and appellate briefs, handled dozens of contested motions and hearings in state and federal courts, and represented clients in civil, criminal, and congressional investigations.
Between 2021 and 2022, Kevin served as Investigative Counsel to the House Select Committee to Investigate the January 6th Attack on the United States Capitol. In that role, Kevin conducted more than 60 interviews and depositions, briefed Members and their staff, coordinated the presentation of evidence for the Committee’s landmark televised hearings, and contributed to the Committee’s final report. Before joining the Select Committee, Kevin served as an Assistant United States Attorney in the Eastern District of Virginia, where he investigated and prosecuted fraud, weapons, drug, and child-exploitation offenses. He also supervised the Eastern District’s Suspicious Activity Report (SAR) review teams to identify leads for criminal investigations and served as the Richmond Division’s District Election Officer, the prosecutor responsible for overseeing the handling of complaints of election fraud and voting rights concerns.
A native Virginian, Kevin graduated from James Madison University with undergraduate and master’s degrees and worked as a high school social studies teacher before attending law school. After graduating first in his class at William & Mary Law School, Kevin served as a law clerk to the Honorable John A. Gibney, Jr. of the United States District Court for the Eastern District of Virginia, and then to the Honorable Robert B. King of the United States Court of Appeals for the Fourth Circuit. Following his clerkships, Kevin began his career as a litigation associate in the firm’s Richmond office. In 2018, Kevin earned the firm’s annual writing award for the best legal brief written by an associate.
Kevin maintains an active pro bono practice and has represented pro se litigants with constitutional and civil rights claims in the Fourth Circuit and the Eastern and Western Districts of Virginia. He volunteers as a mentor with The Appellate Project, a nonprofit organization focused on encouraging and empowering law students of color to excel in the field of appellate law. Kevin is also the host of the firm’s podcast Holding Fourth, which explores topics related to practicing before the US Court of Appeals for the Fourth Circuit.
Experience
Trial Litigation
- Obtained defense jury verdict in Title IX action brought against public school division in the Eastern District of Virginia.
- Obtained defense jury verdict in $50 million acquisition dispute brought against successful homebuilder in the Middle District of Georgia.
- Briefed, argued, and secured denial of class certification in Branch v. Government Employees Insurance Company, 323 F.R.D. 539 (E.D. Va. 2018), a putative class action brought under the Fair Credit Reporting Act.
- Represented municipal utility provider in state court condemnation action.
- Represented two university athletes in federal civil lawsuit involving allegations of hazing brought by former teammate and related university conduct proceedings.
Appeals
- Represent energy utilities and state government in Clean Air Act challenges to disapproval of state implemental plans regarding the interstate transport of ozone in the Fourth, Eighth, and DC Circuits.
- Represented retired United States Circuit Judges before the US Supreme Court as amicus curiae in support of certiorari in Novartis Pharmaceuticals Corp. v. HEC Pharm Co., Ltd., No. 22-671.
- Represented former State Department Legal Advisors before the US Supreme Court as amicus curiae in Twitter, Inc. v. Taamneh, 598 U.S. 471 (2023).
- Briefed, argued, and secured reversal in Stewart v. Iancu, 912 F.3d 693 (4th Cir. 2019), a case of first impression regarding the application of Title VII’s 180-day waiting period for federal employees with claims of employment discrimination.
- Briefed In re Murphy-Brown, LLC, 907 F.3d 788 (4th Cir. 2018), a major First Amendment case in which the Fourth Circuit granted a writ of mandamus striking down as unconstitutional a “gag order” entered in multiple civil cases involving alleged agricultural nuisances.
- Represented natural gas pipeline in challenges to state and federal permits raised under the Natural Gas Act in the Fourth Circuit.
- Represented major retailer in post-trial motions and on appeal in multimillion dollar personal injury dispute.
Government and Internal Investigations
- Represented and defended national accounting firm in multiple ongoing state and federal investigations relating to firm’s audits of crypto companies.
- Advised corporate clients on the use of ephemeral communications systems in response to updated guidance from the US Department of Justice.
- Assisted in an independent review commissioned by the City of Charlottesville, Virginia, to examine the City’s response to protest events in the summer of 2017, resulting in a published report detailing the independent review’s findings.
Pro Bono Representation
- Represent Richmond residents in lawsuit brought under the Ku Klux Klan Act of 1871 against alleged white supremacist group responsible for vandalizing and destroying a mural honoring Arthur Ashe.
- Served as court-appointed appellate lawyer for federal employee in disability discrimination case brought against federal agency.
- Served as court-appointed trial lawyer for inmate in federal civil rights lawsuit brought against correctional officer for use of excessive force.
- Represented veteran seeking reinstatement of educational benefits in appeal to US Court of Appeals for Veterans Claims.
- Represented state inmate in federal habeas challenge to unconstitutional conviction.
- Represented a Sudanese national in challenge to executive order suspending immigration from certain countries, resulting in client’s immigration and lawful permanent residency in the United States.
Affiliations
Professional
- Member, Federal Bar Association
- Member, Richmond Bar Association
- Member, Lewis F. Powell, Jr. American Inn of Court
- Mentor, The Appellate Project
Insights
Legal Updates
Publications
Podcasts
May 3, 2024Professor Tobias holds the prestigious Williams Chair in Law at the University of Richmond School of Law. He has written over 120 law review articles and is the author or co-author of more than 80 essays, commentaries, and other shorter works in law reviews.
February 20, 2024In this episode we speak with Professor Allison Orr Larsen, who is not only a professor of Law at William & Mary Law School, but also serves as the director of the Institute of Bill of Rights Law.
January 31, 2024Each year, lawyers from the office of the solicitor general, or the SG for short, appear before the Supreme Court to argue on behalf of the federal government, but who argues on behalf of the states?
News
Education
JD, William & Mary Law School, summa cum laude (graduated first in class), Order of the Coif, Lawrence W. I’Anson Prize, Order of the Barristers, Lead Articles Editor, William & Mary Law Review, 2014
MAT, Secondary Education, James Madison University, 2009
BS, Interdisciplinary Social Science, James Madison University, 2008
Admissions
District of Columbia
Virginia
Courts
US Supreme Court
Supreme Court of Virginia
US Court of Appeals, Second Circuit
US Court of Appeals, Fourth Circuit
US Court of Appeals, Fifth Circuit
US Court of Appeals, Sixth Circuit
US Court of Appeals, Eighth Circuit
US Court of Appeals, Ninth Circuit
US Court of Appeals, Eleventh Circuit
US Court of Appeals, District of Columbia Circuit
US District Court, Eastern District of Virginia
US District Court, Western District of Virginia
Government Services
Investigative Counsel, US House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol
Assistant United States Attorney, Eastern District of Virginia
Intern, Civil Division, US Department of Justice
Clerkships
- US Court of Appeals, Fourth Circuit
- US District Court, Eastern District of Virginia
Areas of Focus
Additional Service Areas
Holding Fourth is a podcast produced by Hunton Andrew Kurth LLP. It is focused on the law and the lawyers who practice before the United States Court of Appeals for the Fourth Circuit.