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Kevin King advises clients on appellate litigation, administrative law, and communications matters.

Mr. King has argued nine cases in the federal courts of appeals and regularly briefs high-stakes appellate matters. He represents a broad range of clients—including Fortune 100 companies, trade associations, and small businesses—in courts nationwide. In his appellate practice, Mr. King draws on his experience as a law clerk at the Supreme Court of the United States and at two federal courts of appeals.

  • San Diego Gas & Electric Co. v. Federal Energy Regulatory Commission, No. 16-1433 (D.C. Cir.). Mr. King serves as counsel of record and argued this Federal Power Act appeal on behalf of a California utility company. The case concerns FERC’s interpretation of its Incentive Regulations for electric transmission facilities and FERC’s departure from past agency practice.
  • Global Tel*Link v. Federal Communications Commission, 866 F.3d 397 (D.C. Cir. 2017). Mr. King served as co-counsel for 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 exceed the FCC’s statutory authority.
  • Americans for Clean Energy v. Environmental Protection Agency, 864 F.3d 691 (D.C. Cir. 2017). Mr. King served as co-counsel for 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.
  • CBS Corporation et al. v. Federal Communications Commission, 785 F.3d 699 (D.C. Cir. 2015). Mr. King served as co-counsel for 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 vacate the order.
  • Synopsys, Inc. v. U.S. Patent and Trademark Office, 812 F.3d 1076 (Fed. Cir. 2015). Mr. King served as co-counsel for Mentor Graphics Corporation in this Administrative Procedure Act appeal, in which Covington persuaded the Federal Circuit to dismiss a competitor’s challenge to regulations issued by the Patent and Trademark Office under the American Invents Act.
  • Takeda Pharmaceuticals, U.S.A., Inc. v. Burwell, No. 15-5021 (D.C. Cir. 2015). Mr. King is part of a Covington team that filed an amicus brief on behalf of the Pharmaceutical Research and Manufacturers of America in this Hatch-Waxman Act appeal.
  • Bahgat v. Arab Republic of Egypt, 631 F. App’x 69 (2d Cir. 2016). Mr. King served as co-counsel for the Arab Republic of Egypt in this Foreign Sovereign Immunities Act appeal. In 2016, the Second Circuit unanimously ruled in Egypt’s favor.
  • Synopsys, Inc. v. Mentor Graphics Corp., 814 F.3d 1309 (Fed. Cir. 2015). Mr. King was part of a Covington team that represented Mentor Graphics Corporation in this Federal Circuit appeal, in which the court affirmed a favorable inter partes review ruling issued by the Patent Trial and Appeal Board.

Pro Bono

  • Medina v. Napoli, 725 F. App’x 51 (2d Cir. 2018). Mr. King 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 of Mr. King’s 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). Mr. King served as counsel of record and presented oral argument for inmate Arnold Burleson in this appeal. The court held that Mr. Burleson had been convicted in violation of the Firearms Owners’ Protection Act and invalidated his conviction and sentence, resulting in an across-the-board victory for the client.
  • Hill v. McDonald, 28 Vet. App. 243 (2016). Mr. King served as counsel of record for Sergeant David P. Hill before the Court of Appeals for Veterans Claims and presented oral argument on Sergeant Hill’s behalf. The Court reinstated Mr. 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). Mr. King 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.
  • Mr. King serves on the pro bono panels for the United States Courts of Appeals for the DC, Second, Fourth, and Ninth Circuits.

Previous Experience

  • U.S. Senator Mike DeWine, Legislative Assistant (2002–2006)
  • International Association of Fire Chiefs, Government Relations Director (2007)
  • BTI Client Service All-Star (2019)