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.
- Defended target date fund provider and investment manager at trial in ERISA class action involving breach of fiduciary duty and prohibited transaction claims challenging the performance and fees of affiliated funds and the promotion of affiliated services and funds.
- Represented investment consultants in putative class actions alleging various fiduciary breaches and prohibited transactions under ERISA arising from investment selections and recordkeeping fees in connection with a 401(k) plan.
- Defended plan sponsors in ERISA class actions involving breach of fiduciary duty claims challenging the performance and fees of 401(k) plan investment lineup.
- Represented investment consultant and investment manager in SEC and DOL inquiries regarding ERISA compliance in promoting services and affiliated funds.
- Defended investment firm against withdrawal liability claims brought under the Multiemployer Pension Plan Amendments Act.
- Authored amicus briefs supporting the dismissal of ERISA class actions in federal district and appellate courts.
Environmental and Land Use Litigation
- Represented coalitions of large landowners in the first comprehensive groundwater adjudications under California’s groundwater management and adjudication statutes.
- Successfully defended a major international oil and gas company from putative class action and other claims arising from a refinery accident.
- Assisted in drafting appellate briefing successfully defending an energy and carbon management company challenge to a local initiative impacting property rights and water use.
- Represented water district in federal court on matters of first impression involving reserved water rights.
- Advised energy and carbon management company on prospective regulatory takings challenge to oil and gas regulations.
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.
- Represented national managed care organization in Department of Justice and False Claims Act investigations relating to compliance with Medicare Advantage regulations, including regarding risk adjustment data submissions and the risk adjustment practices of in-home assessment vendors.
Admissions
Bar Admissions
- California
Court Admissions
- US District Court, Central District of California
- US Court of Appeals, Ninth Circuit
Education
- University of Virginia School of Law, J.D.
- University of California at Berkeley, B.A., History