Kevin Holt is a partner whose diverse practice includes commercial, real estate, intellectual property and ERISA litigation. Kevin represents companies and individuals in business and contract disputes, including complex financial and real estate matters. He also represents clients with cases involving intellectual property rights. He represents employers, insurance carriers and plan fiduciaries defending ERISA claims involving life, accident, and disability benefits. Kevin’s practice is primarily focused in Federal Court. Since 2012 he has consistently been named to Best Lawyers in America in Commercial Litigation. Kevin is a past President of the Roanoke Bar Association and currently serves on Bar Council, the governing body of the Virginia State Bar.
- Countries visited
- States visited
- US presidents met
- Miles travelled for daughters' travel sports
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If I weren't practicing law...
If money were not an issue, I would travel full-time and be a travel reviewer. The most interesting place I've been is Iceland. It is like no other place in the world, with stark landscapes and other worldly scenery. I also enjoy the American West, especially its national parks.
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People would be surprised to know…
My wife and I have two daughters, both of whom are athletes. One plays soccer at Randolph-Macon College. The other plays volleyball at Patrick Henry High School and for a club travel team. Neither got her athleticism from me.
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Why I enjoy being a lawyer…
It gives me the opportunity to be practical and to solve problems. Even though I am a litigator, solving clients’ problems doesn’t always mean marching straight to court. I have learned that success can be defined in different ways. I really enjoy thinking creatively, both in terms of litigation as well as alternative ways of helping clients achieve their goals.
Education
- University of Virginia, B.A.
- University of Virginia School of Law, J.D.
Experience
- Obtained defense verdict in Federal Court for manufacturer in $1.2 million products liability and UCC case involving alleged defects in natural gas pipeline
- Obtained preliminary injunction in Federal Court for telecommunications tower company to prevent landowners from blocking access to leased tower site
- Obtained judgment against former tenant for property damages, lost rent and attorneys’ fees in breach of commercial lease case following multi-day bench trial in State Court
- Obtained summary judgment in State Court for large, residential real estate brokerage firm in $1.4 million breach of contract case
- Granted motion to dismiss in trade secret misappropriation case filed in Federal Court
- Obtained summary judgment in State Court in $700,000 breach of contract and quantum meruit case. Successfully used plaintiff’s sworn testimony from preliminary hearing in support of motion for summary judgment
- Obtained defense verdict in State Court for manufacturer of plastics products in case involving claims of negligence and nuisance arising from fire at manufacturer’s storage facility
- Successfully tried case on behalf of sports event promoter in State Court case involving claims of breach of contract and breach of fiduciary duty
- Obtained $700,000 judgment for window film manufacturer in trademark infringement case in Federal Court
- Successfully tried commercial lease case involving restitution of overpayment of tenant improvement loan
- Obtained summary judgment in the amount of $900,000 for plaintiff equipment supplier in pipeline construction case against general contractor in Federal Court
- Obtained summary judgment in Federal Court for leading national bank in breach of employment agreement case brought by terminated mortgage broker executive
- Obtained summary judgment in State Court striking down non-competition agreement as overbroad and unenforceable
- Successfully tried real estate partition suit
- Obtained judgment and award of enhanced penalty and attorney’s fees in Virginia Consumer Protection Act case following bench trial in State Court
- Defend leading national life, accident and disability insurance carriers in ERISA cases
Affiliations
- Virginia State Bar: One of two representatives elected from the 23rd Judicial Circuit to serve on the Council of the VSB (governing body) (2022-2025, three year term)
- Roanoke Bar Association: President (2017-2018)
- Roanoke Law Foundation: Chairman (2018-2019)
- Former Board Member, Litigation Section, Virginia State Bar
- Faculty member, Virginia State Bar Harry L. Carrico Professionalism Course (2017-2019, 2021)
- Member, The Business Council (2020-present)
- Chairman, American Heart Association’s Roanoke Heart Ball (2023)
- Executive Leadership Team Member, American Heart Association’s Roanoke Heart Ball (2022, 2024)
- Patron Advisory Board Member, Valley Business Front (2022-present)
- Board Member, United Way of the Roanoke Valley (2009-2015)
- Ferrum College Business Advisory Board (2014-Present)
- Member, The Ted Dalton American Inn of Court (2007-2014)
- Graduate, National Trial Advocacy College of University of Virginia School of Law (2006)
- Law Clerk to the Honorable James H. Michael, Jr., Senior United States District Judge, Western District of Virginia, Charlottesville, Virginia (1997-1998)
- Member, Virginia State Bar, The Virginia Bar Association, Roanoke Bar Association, and the Federal Bar Association
Awards
- Recognized by Virginia Business magazine as a “Legal Elite” in Civil Litigation (2016, 2018-2019, 2022-2023) and for Commercial Litigation (2021)
- Recognized with Best Lawyers in America for Commercial Litigation (2012-2025) and Intellectual Property Litigation (2019-2025); also listed in Best Lawyers in America – Business Edition (2016)
- Named to Virginia Super Lawyers for Business Litigation (2009, 2019-2024)
- “Largest Defense Verdicts in Virginia” Award (2004) as recognized by Virginia Lawyers Weekly
Published Work
- Co-author, Your Client Has Been Named as a Defendant in a Civil Lawsuit Filed More Than a Year Ago: Now What? (January 2023).
- Interpleader and ERISA: More Complicated (and Interesting) Than You May Think, DRI – The Voice of the Defense Bar, Volume 11, Issue 2 (August 2016).
- Co-author, A “Day” is a Day Again: Proposed New Rule 6 and Other Important Changes to the Federal Rules of Civil Procedure, VSB Litigation News, Volume XIV, No. III (Fall 2009).
- Virginia Supreme Court Decides New Case Concerning the Dead Man’s Statute, VSB Litigation News, Volume XV, Number III (Fall 2010).
Case Studies
The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.- Jul 28, 2022 — Heavy equipment dealer in Virginia sued by the equipment manufacturer's former dealer. Court grants Motion to Dismiss.
- Jul 12, 2021 — Owner/landlord of a large commercial facility obtains judgment against a former tenant for property damage and lost rent
- Feb 12, 2019 — Restaurant chain not required to garnish employee tips
- Jun 19, 2018 — Contract case involving home purchase settled, all fees recovered
- Apr 4, 2018 — Summary Judgment in Breach of Contract action defeats $700,000 claim
- Mar 2, 2018 — Breach of Fiduciary Duty claim against national bank denied in Motion to Dismiss
- Feb 7, 2018 — Preemptive "forum shopping" fails against our client's Trade Secret litigation
- Jan 19, 2018 — Partial Summary Judgment thwarts request for $1.4M
- Oct 27, 2015 — Creditor's Contested Proof of Claim Allowed in Full
- Mar 20, 2009 — Motion to Dismiss Granted in Defamation and Malicious Prosecution Case
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Heavy equipment dealer in Virginia sued by the equipment manufacturer's former dealer. Court grants Motion to Dismiss. The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
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Owner/landlord of a large commercial facility obtains judgment against a former tenant for property damage and lost rent The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
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Restaurant chain not required to garnish employee tips The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
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Contract case involving home purchase settled, all fees recovered The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
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Summary Judgment in Breach of Contract action defeats $700,000 claim The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
Apr 2018 -
Breach of Fiduciary Duty claim against national bank denied in Motion to Dismiss The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
Mar 2018 -
Preemptive "forum shopping" fails against our client's Trade Secret litigation The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
Feb 2018 -
Partial Summary Judgment thwarts request for $1.4M The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
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Creditor's Contested Proof of Claim Allowed in Full The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
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Motion to Dismiss Granted in Defamation and Malicious Prosecution Case The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Case Studies
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