Kevin Elliker

Kevin S. Elliker is an associate in the firm’s issues and appeals group, where he focuses on appellate litigation, high-stakes briefing, and complex litigation. His practice covers many subject areas, including commercial disputes, financial services litigation, energy and environmental litigation, and constitutional and statutory issues.

Prior to joining the firm, Kevin served as a law clerk to the Honorable Robert B. King of the United States Court of Appeals for the Fourth Circuit from 2015–2016. Before that, he clerked for the Honorable John A. Gibney, Jr., of the United States District Court for the Eastern District of Virginia, from 2014–2015.

Kevin brings his clerkship experiences to bear when representing clients in complex litigation by crafting powerful arguments for high-stakes motions and appeals. Kevin also keeps up with and advises clients regarding recent developments in federal practice, particularly within the Fourth Circuit.

During law school, Kevin served as a judicial intern for the Honorable David J. Novak of the United States District Court for the Eastern District of Virginia and spent a summer interning in the Civil Division of the US Department of Justice. Before attending law school, Kevin worked as a high school social studies teacher.

Kevin is admitted to practice before US Supreme Court, the US Court of Appeals for the Fourth, Fifth, and Sixth Circuits, and the US District Courts for the Eastern and Western Districts of Virginia.

Kevin maintains an active pro bono practice and has represented pro se litigants with constitutional and civil rights claims in the Fourth Circuit and the Eastern and Western Districts of Virginia.

Experience:

• 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.
• 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.
• 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.
• 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.
• 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.
• Served as court-appointed trial lawyer for inmate in federal civil rights lawsuit brought against correctional officer for use of excessive force.
• Served as court-appointed appellate lawyer for federal employee in disability discrimination case brought against federal agency.
• 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.

EDUCATION:

• JD, William & Mary Law School, summa cum laude (graduated first in class), Order of the Coif, Lawrence W. I’Anson Prize, Order of the Barristers, Lead Articles Editor, William & Mary Law Review, 2014
• MAT, Secondary Education, James Madison University, 2009
• BS, Interdisciplinary Social Science, James Madison University, 2008

BAR ADMISSIONS:

• Virginia

COURT ADMISSIONS:

• US Supreme Court
• US Court of Appeals, Fourth Circuit
• US Court of Appeals, Fifth Circuit
• US Court of Appeals, Sixth Circuit
• US District Court, Eastern District of Virginia
• US District Court, Western District of Virginia

CLERKSHIPS:

• US Court of Appeals, Fourth Circuit
• US District Court, Eastern District of Virginia

GOVERNMENT EXPERIENCE:

• Intern, Civil Division, US Department of Justice

Memberships:

• Member, Federal Bar Association
• Member, Richmond Bar Association