Free Exercise and Establishment Clause Experience 

Kevin has represented a variety of individuals and organizations in matters relating to the First Amendment’s provisions related to the free exercise of religion and the establishment of religion.  Examples of that work include:

• Successfully defending a series of Establishment Clause challenges to the provision of Title I remedial instruction to children in church-related schools throughout the country—work that culminated in the U.S. Supreme Court’s decision in Agostini v. Felton, 521 U.S. 203 (1997), upholding the provision of Title I services on the premises of church-related schools and overruling (for the first time in the Court’s history) a prior decision in the same case, Aguilar v. Felton, 473 U.S. 400 (1985)  
• Successfully defending The Catholic University of America at trial against a breach of tenure claim by theologian Charles Curran
• Successfully asserting the “ministerial exception” in defense of a claim of wrongful termination claim by a high official of the Seventh Day Adventist Church 
• Filing an amicus curiae brief in Hosanna-Tabor Evangelical Lutheran Church v. EEOC, 565 U.S. 171 (2012), which recognized the "ministerial exception"
• Filing an amicus curiae brief in Sebelius v. Hobby Lobby Stores, Inc, 134 S. Ct. 678 (2014), arguing that individuals do not lose their First Amendment right to operate their business in accord with their religious beliefs by operating a business in the form of a closely held corporation (but taking no position on the merits of the case)

Kevin has played a leading role in the development and enforcement of policies designed to prevent the sexual abuse of minors.  He has long advised the Archdiocese of Washington on the implementation of its zero-tolerance policy.  He also advised the United States Conference of Catholic Bishops in drafting its national policy requiring removal from ministry based on a single act of abuse, and in securing approval of that policy by Church authorities in Rome.

Other Experience

Kevin has handled a variety of matters involving employment and commercial disputes, regulatory matters, and government and internal investigations, including:

• Representation of the Baltimore Ravens in connection with its termination of a player for domestic violence and in connection with labor grievances alleging collusion among the NFL and its member clubs
• Successful defense of a governmental authority in an arbitration related to the redevelopment of the World Trade Center site in New York City
• Successful defense of a securities fraud case against the owner of a for-profit education business
• Representation of a for-profit education company in an investigation by the U.S. Senate Committee on Health, Education, Labor & Pensions
• Conduct of an internal investigation of misconduct allegations against a college football coach

Supreme Court Experience

Kevin was counsel of record in the following cases argued to the Court :

• Agostini v. Felton, 521 U.S. 203 (1997), holding that federal funds may be used to provide remedial educational services to students on the premises of church-related schools
• Lebron v. Nat’l R.R. Passenger Corp., 513 U.S. 374 (1995), on remand, 69 F.3d 650 and 89 F.3d 39 (2d Cir. 1995), holding that Amtrak is a government entity subject to the First Amendment, but that it did not violate the First Amendment by refusing to display a political ad in Penn Station 
• U.S. Dep’t of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989), holding that criminal history information is exempt from disclosure under the Freedom of Information Act
• U.S. Catholic Conference v. Abortion Rights Mobilization, Inc., 487 U.S. 72 (1988), on remand, 885 F.2d 1020 (2d Cir. 1989), holding that the recipient of a subpoena may challenge the plaintiff’s standing to sue, and that an abortion rights group did not have standing to challenge the group tax exemption granted to Catholic Church entities throughout the country