Below are some examples of Kevin’s breadth of experience in working with clients on a wide variety of issues involving the federal government:
-Kevin successfully brought a lawsuit against the National Park Service challenging an initial decision by the agency not to award a concession contract to his client which resulted in the agency agreeing to issue his client a multi-year contract for operations in Grand Teton National Park.
-Kevin served as lead counsel in the first federal court case establishing recreational Forest Service Term Special Use Permits as enforceable contracts creating binding obligations on the United States Forest Service and obtained a judgment for his client along with attorneys’ fees of over $1,000,000.
-Kevin twice successfully challenged two separate National Park Service decisions on the East and West coasts to close existing concession operations which resulted in the existing concessioners being able to continue their operations.
-Kevin brought a lawsuit challenging the National Park Service’s attempt to impose a dramatically lower method for valuing his client’s concession structures which resulted in a settlement of several times beyond the amount the agency had attempted to pay.
-Kevin has testified before Congress in relation to National Park Service concession contract issues.
-Kevin has successfully challenged taxes imposed by local authorities on his client’s operations on federal lands.
-Kevin has arbitrated numerous monetary claims involving National Park Service concession contracts.
-Kevin brought a lawsuit against the USDA Forest Service challenging the closure of Forest Service campground concessions during the 2013 government budget impasse which resulted in the immediate re-opening of those operations.
-Kevin successfully brought a lawsuit against the National Park Service challenging the closure of a concession operation during the 2013 government budget impasse which resulted in his client’s operations being reopened and the recovery of attorneys’ fees from the government.
-Kevin worked closely with and assisted the National Park Service in defending a protest to the agency’s award to his client of a $150,000,000 concession contract.
-Kevin assisted an outfitter in challenging the Forest Service’s decision to revoke the outfitter’s permit, which resulted in the Forest Supervisor overruling the revocation.
-Kevin successfully brought a lawsuit against the USDA Forest Service challenging the agency’s issuance of a new trail classification system without proper public input.
-Kevin challenged the National Park Service’s determination that his client’s infrastructure was not part of its Leasehold Surrender Interest, resulting in an addition of approximately $600,000 to his client’s property value.
-Kevin successfully brought a lawsuit challenging a denial of a Freedom of Information Act request.
-Kevin has also assisted his clients by preventing the release of their confidential material by agencies in response to third party Freedom of Information Act requests.
-Kevin has often been asked by clients to brief federal Representatives and Senators on issues related to federal government contract matters.
-Kevin successfully brought a lawsuit against the National Park Service challenging the effort by the agency to discontinue concession operations to reduce the government’s financial liability to the concessioner.
-Kevin has made presentations to associations such as the National Forest Recreation Association and National Park Hospitality Association on matters related to Forest Service special use permits and National Park Service concession contracts.
-Kevin has served as counsel in numerous Court of Federal Claims and Government Accountability Office (GAO) bid protests involving a wide range of government procurements, from computer services to concession contracts, and has assisted his clients in obtaining government contracts with revenues in excess of $600,000,000.
-Kevin has appeared before numerous federal district courts in litigation of government claims and federal land management issues.
-Kevin has represented utility districts and municipalities with regard to their permits to occupy and use federal lands.
-Kevin served on the litigation team in the largest bid protest ever brought before the former GSBCA (now the CBCA) involving a successful challenge to the award of a NASA computer services procurement contract.
-Kevin has been involved in contract claims before the Interior Board of Contract Appeals, Department of Agriculture Board of Contract Appeals, Corps of Engineers Board of Contract Appeals, Armed Services Board of Contract Appeals and General Services Board of Contract Appeals, successfully settling claims totaling over $12 million.
-Kevin is on the Board of the National Forest Recreation Association.
-Kevin is admitted to practice before courts all over the United States. This includes the U.S. Court of Federal Claims in Washington, DC, which is where you have to file a claim when you believe the federal government owes you money. He also is admitted to practice before the U.S. District Court for the District of Columbia, the U. S. Court of Appeals for the District of Columbia, U.S. District Court for the Eastern District of Virginia and its appeals court, the U.S. Court of Appeals for the Fourth Circuit and the U.S. Court of Appeals for the Ninth Circuit, which is the appellate court for all the federal district courts in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
-Kevin has appeared pro hac vice before the U.S. District Court for the Southern District of New York, U.S. District Court for the Eastern District of California, U.S. District Court for the Northern District of California, U.S. District Court for Nevada, U.S. District Court for the Middle District of North Carolina and the U.S. Court of Appeals for the Second Circuit.
-Kevin is a member of the District of Columbia Bar as well as the Virginia Bar.
Education:
Washington College of Law, The American University, Washington, D.C., J.D., May 1989, The American University Law Review, 1987-1989
University of Notre Dame, Notre Dame, IN, B.A., Majoring in Government, May 1986