Overview

Trevor is a former Acting Solicitor General of Virginia and a litigation partner in the firm’s issues and appeals practice.

Trevor represents private and public clients in state and federal appellate courts on a wide variety of matters, frequently on issues of constitutional law. In addition to appellate litigation, Trevor handles dispositive briefing in trial courts, files amicus briefs in the US Supreme Court, Fourth Circuit, and district courts, and counsels clients on legal trends and strategy. He is admitted in the following federal courts: the Supreme Court of the United States; the US Courts of Appeals for the Second, Fourth, Fifth, Ninth, and DC Circuits; and the US District Courts for the Eastern and Western Districts of Virginia. He has argued in the US Supreme Court and a dozen times in the Fourth Circuit (including en banc).

Trevor also helps lead the firm’s State Attorneys General (AGs) practice, which supports clients by, among other things, educating AGs on public policy positions and cases of importance in federal appellate courts. Trevor’s contributions to this practice build on the more than four years’ experience he gained at the Virginia AG’s office, where he served as Deputy Solicitor General & Counsel to the Executive Division, Senior Appellate Counsel, and Acting Solicitor General. As chief appellate counsel for the Commonwealth of Virginia, he represented the Commonwealth and its agencies and officials in matters concerning the constitutionality of Virginia statutes and regulations or touching upon sensitive policies of the Commonwealth. He presented argument on behalf of Virginia in Collins v. Commonwealth of Virginia, 584 U.S. 586 (2018). 

During his tenure at the Virginia AG’s office, Trevor handled important litigation matters at every level of the Virginia and federal judiciaries, successfully opposing certiorari in the US Supreme Court and authoring dozens of briefs in federal courts and the Supreme Court of Virginia. In addition to personally handling litigation matters and overseeing others within the division, Trevor provided legal advice to the AG and Governor and advised other attorneys in the office on legal strategy. He also drafted numerous Opinions of the AG on matters relating to the Constitution of Virginia and state government.

Trevor previously was an associate on the firm’s corporate and securities litigation team, representing public and private companies and their officers and directors in matters related to securities, corporate governance, and mergers and acquisitions.

Trevor maintains a robust pro bono practice, sits on the Virginia Bar Association’s Appellate Practice Section Council, presents CLEs on appellate litigation and related topics, and is active in a variety of legal and nonprofit organizations in Virginia and beyond. For several years he served as an adjunct professor at the University of Richmond School of Law. 

Experience

  • Stinnie v. Holcomb, 37 F.4th 977, 979 (4th Cir. 2022) (plaintiffs obtaining a limited preliminary injunction but not a final judgment on the merits before voluntarily dismissing case as moot are not prevailing parties entitled to attorney fees under Section 1988), rev’d, 77 F.4th 200 (4th Cir. 2023) (en banc), cert. granted sub nom. Lackey v. Stinnie, No. 23-621, 2024 WL 1706013 (U.S. Apr. 22, 2024).
  • Wallis v. Nat'l Rural Utilities Coop. Fin. Corp., No. 23-1487, 2024 WL 1554757 (4th Cir. Apr. 10, 2024) (per curiam) (finding no reversible error in grant of summary judgment to defendant).
  • Inhance Techs., L.L.C. v. United States Envtl. Prot. Agency, 96 F.4th 888 (5th Cir. 2024) (as argued by coalition of amici, concluding that EPA exceeded its statutory authority in interpreting “significant new use” under the Toxic Substances Control Act).
  • Reyes v. Waples Mobile Home Park Limited P’ship, 91 F.4th 270 (4th Cir. 2024) (reversing grant of summary judgment to defendants because, as argued by amicus, possibility that defendants could be prosecuted under federal anti-harboring statute was too attenuated to bar residents’ FHA claim).
  • In re Michael J. Muhammad, et al., No. 230140 (Va. Aug. 21, 2023) (denying petition for writs of mandamus and petition contesting Virginia circuit court judge’s denial of complaint seeking a special grand jury to investigate a local Commonwealth’s attorney).
  • Cotzomi v. Universal Protection Serv., No. A164301, 2023 WL 2592387 (Cal. Ct. App. Mar. 22, 2023) (reversing denial of motion to compel arbitration where court erroneously declined to consider the circumstantial value of evidence indicating that plaintiff executed arbitration agreement).
  • Stone v. U.S. Sec. Assocs., No. B318986, 2023 WL 2494093 (Cal. Ct. App. Mar. 14, 2023) (affirming grant of summary adjudication on grounds that class representative and his individual and class claims were barred by the statute of limitations and statute of repose governing FCRA claims).
  • Ruan v. United States, 597 U.S. 450 (2022) (as urged by amicus, adopting heightened threshold for liability under the Comprehensive Drug Abuse Prevention and Control Act: the government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner).
  • In re Board of Supervisors of Roanoke County, No. 211156 (Va. May 3, 2022) (denying petition for writ of prohibition seeking to prevent Virginia circuit court judge from taking action with respect to Civil War monument located on property near circuit courthouse).
  • Palmer v. Amazon.com, Inc., 51 F.4th 491 (2d Cir. 2022) (affirming dismissal of public nuisance claim challenging COVID-19 policy where, as argued by amicus, plaintiffs failed to allege special injury under New York law).

  • Davies v. S.A. Dunn & Co., LLC, 200 A.D.3d 8 (N.Y. Sup. Ct. App. Div. 2021) (reversing order denying dismissal of public nuisance claim because, as argued by amicus, plaintiffs failed to assert a special injury).

  • Allen v. Cooper, 140 S. Ct. 994 (2020) (as urged by amici, holding that Congress lacked authority to abrogate the States’ immunity from copyright infringement suits).

  • Grimm v. Gloucester Cty. Sch. Bd., 972 F.3d 586 (4th Cir. 2020) (affirming grant of summary judgment on constitutional claims brought by transgender high school student, as supported by amici group of Virginia school boards), cert. denied, 141 S. Ct. 2878, 210 L. Ed. 2d 977 (2021).

  • Collins v. Commonwealth of Virginia, 584 U.S. 586 (2018) (automobile exception to warrant requirement does not apply within a home’s curtilage).

  • Brat v. Personhuballah, 883 F.3d 475 (4th Cir. 2018) (Virginia not responsible for plaintiffs’ attorney’s fees incurred in litigating against intervening defendants).

  • Stinnie v. Holcomb, 734 F. App’x 858 (4th Cir. 2018) (dismissing for lack of jurisdiction challenge to Virginia Code § 46.2-395).

  • DePaola v. Va. Dep’t of Corr., 703 F. App’x 205 (4th Cir. 2017) (rejecting constitutional challenge to Department of Corrections policy of housing dangerous and disruptive inmates in restrictive conditions).

  • Cashion v. Lee, No. 5:17-cv-00004-MFU, 2017 WL 5179238 (W.D. Va. Nov. 8, 2017) (dismissing claim that Virginia Code § 8.01-243.2 violates US Constitution).

  • Shin v. Commonwealth, 294 Va. 517, 808 S.E.2d 401 (Va. 2017) (rejecting constitutional challenges to Virginia’s implied-consent law).

  • Vista-Graphics, Inc. v. Va. Dep’t of Transp., 682 F. App’x 231 (4th Cir. 2017) (per curiam) (upholding against constitutional challenge VDOT’s tourism-literature program at highway rest areas).

  • Hoye v. Gilmore, 691 F. App’x 764 (4th Cir. 2017) (rejecting inmate’s First Amendment retaliation claim).

  • Canales v. Orellana, 67 Va. App. 759 (2017) (en banc) (in course of making custody determinations, Virginia courts have jurisdiction to make findings of fact that may be used to support applications for Special Immigrant Juvenile status under federal law).

  • Pleasant v. Commonwealth, No. CL16-825 (Va. Cir. Ct (Suffolk) Aug. 9, 2017) (quashing subpoena duces tecum and witness subpoena directed at Secretary of the Commonwealth).

  • Tomikel v. Virginia, 577 U.S. 1010 (2015) (mem.) (denying certiorari in case raising Confrontation Clause claims).

  • Marron v. Miller, 576 U.S. 1057 (2015) (mem.) (denying certiorari in case raising claims under RLUIPA and First, Fifth, Eighth, and Fourteenth Amendments).

  • In re Steven Roy Arnold, Record No. 131447 (Va. argued Jan. 4, 2015) (decided under companion case, In re Robert Floyd Brown, 289 Va. 343, 770 S.E.2d 494 (Va. 2015)) (agreeing with Attorney General’s amicus position that transgender inmate had presented statutorily required “good cause” in support of name-change application).

Accolades

Honors & Recognitions

  • Elected to Boyd-Graves Conference, 2024
  • Received E. Randolph Williams Award for Outstanding Pro Bono Service for 2012-13, 2019-23 fiscal years
  • Named among the Legal Elite for Appellate Law, Virginia Business magazine, 2017-2023
  • Recognized as one of two “Rising Stars” in Securities Litigation, Virginia Super Lawyers magazine, 2013

Affiliations

Professional

  • Boyd-Graves Conference: Member (2024–present)
  • Pauley Heart Center, VCU Health System: Advisory Board Member (2023–present)
  • Harvard-Cambridge Scholarships: Selection Committee Chair (2023–present)
  • John Marshall Center at the Virginia Museum of History & Culture: Advisory Board Member (2023–present)
  • Chair, 1971 Virginia Constitution Commemoration Steering Committee (2021)
  • VBA Appellate Practice Section: Council Member (2017–present)
  • John Marshall Inn of Court: Member (2017–present)
  • Harvard Law School Association: Executive Committee (2018–present), Treasurer (2022–present)
  • Harvard Club of Virginia: Officer (2014–present), Vice-President & Schools Committee Chair (2019–present)
  • James Branch Cabell Library Associates: Board Member (2014–present), Vice-President (2018–present)
  • John Marshall Center for Constitutional History & Civics: Board Member (2020–2023), Treasurer (2022–2023)
  • St. James’s Episcopal Church: Vestry Member (2020–2023)
  • Richmond Public Library Foundation: Board Member (2010–2023), President (2018–2021)
  • Friends of the Virginia Commonwealth University (VCU) Libraries: Board Member (2016–2021)
  • VCU Honors College: Dean’s Council Member (2016–2020)
  • Historic Richmond: Junior Board Member (2010–2017), President (2016)
  • American Civil War Museum: Tredegar Society (2012–2016), President (2014–2015)
  • Boaz & Ruth: Ampersand Board (2011–2015)
  • Phillips Brooks House Association Alumni Association: President (2009–2011)

Insights

Events & Speaking Engagements

  • April 2024
    Event
    Panelist
    “Appeals in Virginia: Virginia Supreme Court, Court of Appeals, and Fourth Circuit,” Local Government Attorneys of Virginia 2024 Spring Conference
  • September 2023
    Event
    Moderator
    “Fourth Circuit Practice,” 2023 VBA Appellate Summit
  • October 2022
    Event
    Moderator
    “Continuing Trends in Public Nuisance Litigation,” Law & Economics Center Judicial Symposium on Civil Justice Issues, New York
  • November 2021
    Event
    Panelist
    “Locality Litigation and Public Nuisance,” Law & Economics Center Judicial Symposium on Civil Justice Issues, Charleston
  • October 2021
    Event
    Panelist
    “Public Entity Partnerships with Private Plaintiffs Attorneys,” Law & Economics Center Symposium on Novel Liability Theories and the Incentives Driving Them, Nashville
  • September 2021
    Event
    Moderator
    “Practicing in the Fourth Circuit,” 2021 VBA Appellate Summit
  • Fall 2018, Fall 2019, and Fall 2020
    Event
    Adjunct Professor
    University of Richmond School of Law (“The Constitution & the State Attorney General”)
  • October 2020
    Event
    Judge
    Final Round of Barnett/Carrico Combined Moot Court Competition, University of Richmond School of Law
  • February 2020
    Event
    Panelist
    “Virginia’s Ratification of the Equal Rights Amendment,” John Marshall Inn of Court
  • October 2018
    Event
    Presenter
    “Lessons on Oral Advocacy from the U.S. Supreme Court,” VSB YLD Professional Development Conference, Richmond
  • September 2018
    Event
    Moderator
    “Effective Motions Practice in Virginia’s Appellate Courts and in the Fourth Circuit,” 2018 VBA Appellate Summit
  • March 2018
    Event
    Judge
    Final Round of Barnett 1L Moot Court Competition, University of Richmond School of Law
  • October 2017
    Event
    Panelist
    “State Responses to Federal Executive Power,” Univ. of Richmond Law Review 2017 Symposium: Defining the Constitution’s President Through Legal and Political Conflict
  • September 2017
    Event
    Constitution Day keynote speaker
    “The Constitution and the Role of the State Attorney General,” Richard Bland College
  • January 2017
    Event
    Presenter
    “Oral Argument Strategies: Avoiding Obvious Pitfalls,” VBA Annual Meeting, Williamsburg
  • October 16, 2016
    Event
    Panelist
    “Supreme Court of the United States: 2016–2017 Term—Potential Impacts on the Business Community,” VBA Corporate Counsel Fall Forum, Richmond
  • October 2016
    Event
    Presenter
    “Overview of Election Law Issues,” Japan-Virginia Society, Williamsburg

Publications

News

Education

JD, Harvard Law School, 2009

MPhil, Historical Studies, University of Cambridge, 2003

AB, American History & Literature, Harvard University, cum laude, 2002

Admissions

Virginia

Courts

US Court of Appeals, Second Circuit

US Court of Appeals, Fourth Circuit

US Court of Appeals, Fifth Circuit

US Court of Appeals, Ninth Circuit

US Court of Appeals, District of Columbia Circuit

US Supreme Court

US District Court, Eastern District of Virginia

US District Court, Western District of Virginia

Government Services

Senior Appellate Counsel, Office of the Attorney General of Virginia (OAG), February–July 2018

Acting Solicitor General, OAG, August 2017–February 2018

Deputy Solicitor General & Counsel to the Executive Division, OAG, September 2015–August 2017

Deputy Solicitor General, OAG, January 2014–September 2015

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