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Kevin King advises clients on appellate litigation, administrative law, constitutional law, and communications matters.
Mr. King regularly briefs and argues high-stakes matters in the federal courts of appeals. 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.
Mr. King also litigates cases involving federal agency rules and regulations. 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, the Department of Veterans Affairs, and other agencies.
In addition, Mr. King 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. Mr. King has litigated constitutional challenges in a broad variety of contexts, including product labeling and business regulation.
- Kidd v. Thomson Reuters Corp., 925 F.3d 99 (2d Cir. 2019). Mr. King 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). Mr. King served as co-counsel for Return Mail, an innovative technology company, in this America Invents Act case before the U.S. Supreme Court. Mr. King 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.
- San Diego Gas & Electric Co. v. Federal Energy Regulatory Commission, 913 F.3d 127 (D.C. Cir. 2019). Mr. King served 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.
- Connecticut v. U.S. Department of the Interior, 344 F. Supp. 3d 279 (D.D.C. 2018). Mr. King served as counsel of record for 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.
- Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, 927 F.3d 1292 (Fed. Cir. 2019). Mr. King 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.
- 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 overturn the order.
- Starr Surplus Lines Insurance Co. v. Mountaire Farms Inc., 920 F.3d 111 (1st Cir. 2019). Mr. King argued this product-liability appeal for Mountaire Farms. Working together with Covington’s food and drug experts, Mr. King successfully defended a district court ruling dismissing the suit.
- Free Press v. Federal Communications Commission, 735 F. App’x 731 (D.C. Cir. 2018). Mr. King served as co-counsel for 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.
- 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
- United States v. Miller, 739 F. App’x 6 (D.C. Cir. 2018). Mr. King served as counsel of record and argued this criminal direct appeal. The Covington team 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). 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 regularly handles similar trial-court litigation matters as outside counsel for the Humane Rescue Alliance.
- Mr. King serves on the pro bono panels for the United States Courts of Appeals for the Second, Fourth, and Ninth Circuits, and is a member of the D.C. Circuit’s Criminal Justice Act panel.
Previous Experience
- U.S. Senator Mike DeWine, Legislative Assistant (2002–2006)
- International Association of Fire Chiefs, Government Relations Director (2007)
SCOTUS Upholds TCPA; Questions on What's a Robocall
July 7, 2020, Communications Daily
Kevin King is quoted in Communications Daily regarding the Supreme Court case Barr v. American Association of Political Consultants, which determined the constitutionality of the Telephone Consumer Protection Act. Mr. King says, “The Court's severability ruling means that the case likely will have limited practical significance for regulated parties. Although ...
April 22, 2020
WASHINGTON—Covington represented satellite provider Ligado Networks in its successful application for rights to deploy 5G services over its mid-band spectrum. On April 22, the full Federal Communications Commission (FCC) released a unanimous decision approving Ligado’s application, finding that it will advance economic and security interests nationwide. The ...
October 25, 2019
WASHINGTON—The National Law Journal has named Covington to its “Appellate Hot List” for the eighth time. Lawyers and law firms featured in the annual special report were recognized for winning “key matters before the U.S. Supreme Court and federal courts of appeals.” Over the past two years, lawyers in Covington’s Appellate and Supreme Court practice ...
October 11, 2019, Bloomberg Law
Kevin King is quoted in Bloomberg Law regarding the U.S. Supreme Court’s recent rejection of several patent petitions. Mr. King says, “It’s always a challenge in patent cases, a puzzler to show that the issue has a broader impact. I think successful cases do that. They show this isn’t just about the parties. These issues have lasting consequences.”
June 21, 2019, Communications Daily
Kevin King is quoted in Communications Daily regarding the Supreme Court’s decision in PDR Network v. Carlton & Harris Chiropractic, a case involving a company's efforts to disregard an FCC rule about junk faxes. According to Mr. King, the decision could have significant impact for the FCC and regulated companies in the subsidiary questions remanded to the 4th ...
June 21, 2019, Law360
Kevin King spoke with Law360 about the Supreme Court’s decisions over the contours of the Telephone Consumer Protection Act. According to Mr. King, the Supreme Court dodged the main issue, the justices’ narrow approach does provide a boost to both consumers and companies by providing them with “two powerful ways to challenge FCC orders: They can argue that the ...
June 10, 2019
WASHINGTON—Covington won a precedent-setting dispute before the U.S. Supreme Court on behalf of Return Mail, Inc. in a case that attracted significant attention in the patent field, particularly within industries that involve competition or collaboration with the federal government. The 6-3 ruling concludes a pivotal chapter in Return Mail’s 15-year, multi-forum ...
November 15, 2018
WASHINGTON—Covington's patent litigation team successfully petitioned the U.S. Supreme Court to hear a case on behalf of its client, Return Mail, Inc., which saw its patent on a system for handling undeliverable mail invalidated in 2015 after the U.S. Postal Service petitioned for Covered Business Method Review. The case, which will involve interpretation of ...
Covington Promotes 20 New Partners
October 1, 2018
WASHINGTON—Covington has promoted 20 lawyers to its partnership. “This group covers a wide range of the firm’s most important practices and reflects the ongoing imperative of continuing to build and expand our strengths and to position the firm most effectively to be vibrant in the years ahead,” said Timothy Hester, Covington’s chair. "The size of our class is a ...
- BTI Client Service All-Star (2019)
Practices
Education
Northwestern University 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