O’Melveny Worldwide

Kevin is a litigation counsel in O’Melveny’s Los Angeles office who focuses his practice on complex commercial litigation in the financial services sector. Kevin has significant experience in ERISA class action litigation defending many of the nation’s largest retirement plans and most prominent service providers against fiduciary breach claims and other alleged violations of ERISA at all stages of litigation and in matters before the Securities and Exchange Commission and Department of Labor.

Kevin also has a wide range of experience in other matters, including representing energy companies in environmental regulatory and litigation matters, commercial water users in land use and water rights litigation, and managed care organizations in investigations regarding federal False Claims Act and Medicare and Medicaid regulations.

Kevin maintains a robust pro bono practice focused primarily on immigration matters. Kevin has successfully pursued Ninth Circuit appeals of claims of withholding of removal, asylum, cancellation of removal, and the Convention Against Torture. Kevin has also represented individual clients pursuing humanitarian parole and non-profit organizations challenging ICE detention of high-risk individuals during COVID-19 pandemic and the Trump travel bans.

Kevin is also an active firm citizen having served on the Los Angeles Summer Committee, Associates and Counsel Advisory Committee, and Camaraderie and Community Involvement Committee.

ERISA Litigation

  • Successfully defended a global investment firm and outsourced chief investment officer (“OCIO”) in five cases involving breach of fiduciary duty claims in selecting proprietary investment options for its clients’ plans, including securing a victory at trial in one case, preparing a successful summary judgment brief disposing of all claims in another case, and prevailing before the Fourth Circuit.

Environmental and Land Use Litigation

  • Represented coalitions of large landowners in the first comprehensive groundwater adjudications under California’s groundwater management and adjudication statutes.

Healthcare Investigations

  • Represented national managed care organizations in responding to Centers for Medicare and Medicaid Services proposed rule adopting a new policy for calculating payment recoveries in Medicare Advantage audits.

Admissions

Bar Admissions

  • California

Court Admissions

  • US Court of Appeals, Fifth Circuit

Education

  • University of Virginia School of Law, J.D.
  • University of California at Berkeley, B.A., History

Professional Activities

Publications

  • “Bringing ESG Into the Family: Regulatory Developments Governing ESG Investments for Family Offices,” O’Melveny Client Alert (March 2024)
  • “SEC Issues Long-Pending Climate-Disclosure Rule,” O’Melveny Client Alert (March 2024)
  • “Harrison v. Envision Mgmt. Holding, Inc. Bd. of Dirs.: The Tenth Circuit Addresses Arbitration and the Vindication of Statutory Rights,” ERISA Litigation Reporter (May 2023)