Kevin S. Elliker

Kevin thrives where advocacy is most demanding, whether in a fast-moving jury trial or on appeal before a panel of judges. Drawing on his experience as a federal prosecutor and government counsel in high-profile investigations, Kevin helps clients in complex trials, appeals, and government investigations. 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.

Kevin’s career spans private practice and public service, giving him a unique perspective on litigation.  In private practice, Kevin represents clients in trial and appellate courts nationwide, advocating on issues ranging from constitutional law to complex commercial litigation.  As an Assistant United States Attorney in the Eastern District of Virginia, Kevin investigated and prosecuted fraud, weapons, drug, and child-exploitation offenses. He later served as Investigative Counsel to the House Select Committee to Investigate the January 6th Attack on the United States Capitol, during which he conducted more than 60 interviews and depositions, briefed Members and their staff, coordinated the presentation of evidence for hearings, and contributed to the Committee’s final report. 

Trial Litigation

• Obtained preliminary injunction against the U.S. Forest Service to halt the denial of a permit and retain access to a century-old right of way to vested water rights.
• 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 banking trade associations as amici curiae before the U.S. Court of Appeals for the Fifth Circuit regarding constitutional and statutory issues in administrative proceedings overseen by the Office of the Comptroller of the Currency.
• 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 joint-venture medical facility in federal criminal investigation.
• 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.

• Named to the Top 40 Under 40 Class of 2024, Style Weekly magazine, 2024

• Named an Up & Coming Lawyer, Virginia Lawyers Weekly, 2024
• Named among the American Bar Association Young Lawyers Division 2024 One the Rise – Top 40 Young Lawyers, 2024

• Member, Fourth Circuit Judicial Conference
• Member, Local Rules Advisory Committee for the U.S. District Court for the Eastern District of Virginia
• Member, Federal Bar Association
• Member, Richmond Bar Association
• Member, Lewis F. Powell, Jr. American Inn of Court
• Mentor, The Appellate Project