Subscribe

  • How Can We Help You?

    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

King_Kevin_1000x714_ENV

Kevin King

Partner

Washington +1 202 662 5488

  • About
  • Representative Matters
  • Credentials
  • About

    Kevin King advises clients on appellate litigation, administrative law, and constitutional law matters. He combines deep expertise on federal courts and federal agencies to help clients develop comprehensive solutions to their most challenging problems.

    Kevin regularly handles high-stakes appellate litigation matters in courts nationwide. He represents a broad range of clients—including Fortune 100 companies, trade associations, and small businesses—on issues including communications, intellectual property rights, business regulation, casino gaming, life sciences, and competition. In this work, Kevin draws on his experience as a law clerk at the Supreme Court of the United States and at two federal courts of appeals to craft arguments that anticipate judges’ questions and maximize clients’ odds of success.

    Litigating cases involving federal agency orders and regulations is a core part of Kevin’s practice. He is a co-author of the administrative-law chapter in a major commercial litigation treatise and has successfully litigated challenges against the Federal Communications Commission, the Environmental Protection Agency, the Department of the Interior, the Food and Drug Administration, the Patent and Trademark Office, and other agencies. This work involves counseling clients at all stages of agency proceedings, including drafting rulemaking comments, building an evidentiary record, participating in agency hearings, devising litigation strategies, and litigating agency cases in court.

    Kevin is the lead author an online toolkit addressing the Law of Administration Change—the complex body of administrative-law rules and precedents that will govern the Biden Administration’s ability to adopt policy changes through rulemaking and other executive action. This toolkit identifies strategies businesses and other stakeholders can employ to maximize the opportunities and limit the risks presented by the change in administration on issues such as Chevron deference, the Congressional Review Act, and judicial review of Executive Orders.

    In addition, Kevin assists clients in evaluating the constitutionality of federal and state legislation, including under the First Amendment, the Commerce Clause, the Takings Clause, and preemption doctrines. He has litigated constitutional challenges in a broad variety of contexts, including product labeling, property rights, and business regulation.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Regulatory Litigation Expertise

    • FCC v. Prometheus Radio Project, No. 19-1231 (U.S. 2020). Kevin represents media organizations in this U.S. Supreme Court case concerning the FCC’s landmark 2017 reforms of its media-ownership rules. Working together with an industry coalition, the Covington team successfully persuaded the Supreme Court to grant review of a lower court ruling that overturned the FCC’s reforms.
    • Global Tel*Link v. Federal Communications Commission, 866 F.3d 397 (D.C. Cir. 2017). Kevin represented a major telecommunications carrier in this appeal concerning novel Chevron deference questions and the Communications Act’s jurisdictional limitations. The Covington team prevailed in the D.C. Circuit, obtaining a stay of the FCC’s regulations and a merits ruling holding that the regulations exceeded the FCC’s statutory authority.
    • Americans for Clean Energy v. Environmental Protection Agency, 864 F.3d 691 (D.C. Cir. 2017). Kevin represented the American Petroleum Institute in this appeal concerning EPA’s Renewable Fuel Standard (RFS) program. Working together with a broad industry coalition, the Covington team successfully defended key elements of EPA’s 2014, 2015, and 2016 RFS rules, including EPA’s exercise of its authority to waive cellulosic-biofuel mandates.

    • Connecticut v. U.S. Department of the Interior, 344 F. Supp. 3d 279 (D.D.C. 2018). Kevin represented MGM Resorts International in this suit involving complex questions under the Indian Gaming Regulatory Act. The Covington team successfully persuaded the court to dismiss a competitor’s claims regarding a casino-gaming project.
    • CBS Corporation et al. v. Federal Communications Commission, 785 F.3d 699 (D.C. Cir. 2015). Kevin represented a group of video-content providers in appealing an FCC order that would have disclosed the companies’ confidential trade secrets to third parties. The Covington team persuaded the D.C. Circuit to stay enforcement of the FCC’s order and, following briefing and argument, to overturn the order -- resulting in an across-the-board win for our clients.
    • Free Press v. Federal Communications Commission, 735 F. App’x 731 (D.C. Cir. 2018). Kevin represented a group of media companies in this appeal concerning reforms to the FCC’s media-ownership regulations. Working together with a broad industry coalition, the Covington team successfully defended the FCC’s reforms and obtained dismissal of the challengers’ claims for lack of Article III standing.

    Complex Appellate and Supreme Court Litigation

    • Kidd v. Thomson Reuters Corp., 925 F.3d 99 (2d Cir. 2019). Kevin argued this appeal, which presented an issue of first impression regarding the Fair Credit Reporting Act’s definition of “consumer reporting agency,” on behalf of Thomson Reuters. The Covington team secured a unanimous win in this precedent-setting case.
    • Return Mail, Inc. v. U.S. Postal Service, 139 S. Ct. 1853 (2019). Kevin represented Return Mail, an innovative technology company, in this America Invents Act case before the U.S. Supreme Court. He played a leading role in drafting the petition for writ of certiorari and helped devise the Covington team’s merits-stage strategy, which led to a 6-3 ruling in Return Mail’s favor.
    • Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, 927 F.3d 1292 (Fed. Cir. 2019). Kevin served as co-counsel for Elbit Systems in this patent-infringement appeal, and helped the Covington team successfully defend a $29 million damages award to Elbit.
    • Starr Surplus Lines Insurance Co. v. Mountaire Farms Inc., 920 F.3d 111 (1st Cir. 2019). Kevin argued this product-liability appeal for Mountaire Farms. Working together with Covington’s food and drug experts, Kevin successfully defended a district court ruling dismissing the suit.
    • Synopsys, Inc. v. Mentor Graphics Corp., 814 F.3d 1309 (Fed. Cir. 2015). Kevin represented Mentor Graphics Corporation in this Federal Circuit appeal, which presented complex questions of first impression under the America Invents Act, and in which the court affirmed a favorable inter partes review ruling issued by the Patent Trial and Appeal Board.

    Areas of Expertise

  • Credentials
    Education
    • Northwestern Pritzker School of Law, J.D., 2010
        • magna cum laude
        • John Paul Stevens Prize for graduating first in class.
        • Northwestern University Law Review, Symposium & Essays Editor
    • Middlebury College, B.A., 2002
    Bar Admissions
    • District of Columbia
    • Maryland
    Government Experience
    • U.S. Senate
    Judicial Clerkship
    • Hon. Antonin Scalia, Supreme Court of the United States, 2013 - 2014
    • Hon. A. Raymond Randolph, U.S. Court of Appeals, District of Columbia Circuit, 2011 - 2012
    • Hon. Paul V. Niemeyer, U.S. Court of Appeals, Fourth Circuit, 2010 - 2011
    Pro Bono
    • United States v. Johnson, 464 F. Supp. 3d 22 (D.D.C. 2020). Kevin led a Covington team that successfully secured compassionate release for a D.C. inmate and military veteran, reuniting him with his family.
    • United States v. Miller, 739 F. App’x 6 (D.C. Cir. 2018). The court appointed Kevin to brief and argue this criminal direct appeal. Kevin led a Covington team that successfully obtained vacatur of the client’s sentence and on remand obtained a significant sentencing reduction.
    • Medina v. Napoli, 725 F. App’x 51 (2d Cir. 2018). Kevin served as court-appointed counsel of record and presented oral argument in this appeal concerning the Prison Litigation Reform Act’s exhaustion requirements. The court ruled in favor our client, vacating an adverse district court ruling and remanding for further review of the client’s civil-rights claims.
    • United States v. Burleson, 815 F.3d 170 (4th Cir. 2016). Kevin served as counsel of record and presented oral argument for inmate Arnold Burleson in this civil-rights appeal. The court held that Mr. Burleson had been convicted in violation of the Firearms Owners’ Protection Act and invalidated his conviction and sentence, allowing him to return home to his family.
    • Hill v. McDonald, 28 Vet. App. 243 (2016). Kevin represented Sergeant David Hill before the Court of Appeals for Veterans Claims and argued the case on his behalf. The Court reinstated Sergeant Hill’s benefits claims and ruled in his favor on each of the issues presented.
    • Small v. Humane Washington Humane Society, No. 17-CA-7606 (D.C. Super. 2017), and Payne v. Washington Humane Society, No. 15-CA-1188 (D.C. Super. 2015). Kevin served as lead counsel and first-chaired temporary restraining order hearings in these cases on behalf of the Humane Rescue Alliance, obtaining dismissal of the opposing party’s claims in both instances. Kevin regularly handles similar trial-court litigation matters as outside counsel for the Humane Rescue Alliance.
    • Kevin serves on the pro bono panels for the United States Courts of Appeals for the Second and Ninth Circuits, and is a member of the D.C. Circuit’s Criminal Justice Act panel.
    Accolades
    • BTI Client Service All-Star (2019)
    Previous Experience
    • U.S. Senator Mike DeWine, Legislative Assistant (2002-2006)
    • International Association of Fire Chiefs, Government Relations Director (2007)

    Areas of Expertise

News and Insights

Events