Overview

Kevin D'Olivo is a litigation attorney in Holland & Knight's Tysons office. Mr. D'Olivo's practice focuses on complex commercial litigation and employment litigation, with a particular emphasis on trade secret and non-compete disputes.

Mr. D'Olivo primarily represents clients in civil litigation before federal and state courts, but also in arbitration and in enforcement investigations before the U.S. Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor (DOL), U.S. Department of Justice (DOJ) and similar state agencies.

Mr. D'Olivo's experience includes representing companies, including government contractors, in a broad range of commercial litigation and employment law matters. These include cases involving breach of contract, misappropriation of trade secrets, covenants not to compete and similar restrictive covenants, fraud, shareholder disputes, consumer finance claims, subcontract disputes, breach of fiduciary duty, defamation, tortious interference, right-of-privacy actions and other business torts. In the employment context, Mr. D'Olivo regularly litigates claims involving discrimination and harassment, retaliation, wage-and-hour class and collective actions, and interference with job-protected leave.

He also counsels clients on a variety of employment law issues and assists clients in preparing and revising employee forms and policies.

Representative Matters

  • Defended a private equity firm in a Worker Adjustment and Retraining Notification Act (WARN Act) class action relating to the closure of a portfolio company manufacturer, resulting in voluntary dismissal of client without prejudice.
  • Member of defense team representing nonprofit media client and film director against right-of-privacy claims related to Academy Award nominated documentary short. The Alexandria Circuit Court in Virginia sustained the client's demurrer and dismissed plaintiff's claims with prejudice. The Supreme Court of Virginia declined review, finding no indication of reversible error.
  • Obtained a preliminary injunction in the U.S. District Court for the Eastern District of Virginia against a competitor and a former officer of a technology company because of violations of non-compete and non-solicitation covenants.  
  • Defended a government contractor against allegations of pregnancy and gender discrimination under Title VII and disability discrimination under the Americans with Disabilities Act (ADA). Successfully moved to dismiss case (with leave to amend), leading to favorable settlement.
  • Successfully defended a lender in consumer finance action alleging Real Estate Settlement Procedures Act (RESPA) violations. Defeated motion to remand to state court and obtained report and recommendation of dismissal with prejudice from federal magistrate judge, prompting swift and favorable settlement.
  • Defended an international education company against claims of discrimination based on U.S. citizenship under 8 U.S.C. § 1324b and obtained declination to pursue civil claims from the U.S. Department of Justice Immigrant and Employee Rights Section.
  • As lead counsel, obtained complete defense judgment at bench trial in Henrico County General District Court in Virginia for national payment company.
  • Member of litigation team that obtained dismissal with prejudice, with zero payment, on behalf of prime contractor client in dispute with a subcontractor for more than $30 million following the client's termination for default of subcontract, on claims of breach of contract, tortious interference with employee non-competes, unjust enrichment and business conspiracy.
  • Member of litigation team representing a government contractor seller in a suit with a buyer over claims of withheld escrow, breach of representations and warranties, and fraud.
  • Represented a federal prisoner pro bono and secured a full commutation of his remaining sentence by President Obama.

Credentials

Education
  • University of Virginia School of Law, J.D.
  • University of Washington, B.A., Political Science and History, cum laude
Bar Admissions/Licenses
  • Virginia
Court Admissions
  • All State Courts in Virginia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Western District of Virginia
Honors & Awards
  • Phi Beta Kappa

Publications

Speaking Engagements