Kevin Dinan
is a partner in King & Spalding’s Business Litigation and Tax Controversy Groups and has been a trial lawyer for almost 30 years. His litigation practice focuses primarily upon complex civil litigation, including professional liability, federal tax, complex business disputes, antitrust, and insurance coverage, as well as white collar criminal defense. Representative litigation matters that he has handled include:
Representing KPMG LLP in civil lawsuits in numerous state and federal courts throughout the country alleging, among other things, fraud, malpractice, breach of contract, and RICO claims. Mr. Dinan has been responsible for coordinating and managing the overall defense of these matters, and was selected by KPMG as one of its trial team members for these cases.
Representing Commonwealth General Corporation as lead counsel in an action brought against it in Delaware state court alleging, among other things, fraud and breach of contract. The lawsuit arose out of the alleged breach of a stock purchase agreement, and Commonwealth General asserted a counterclaim. Shortly before trial, the plaintiff paid a substantial settlement on Commonwealth General’s counterclaim.
Representing a company as lead counsel in an action brought against it by the Federal Trade Commission in federal court in Florida alleging deceptive and unfair trade practices.
Representing General Dynamics Corporation as lead counsel in an action in the Delaware Court of Chancery arising out of the sale of a satellite business and involving claims for, among other things, fraud and breach of contract.
Representing Prysmian Power Cables and Systems USA as lead counsel in federal court in South Carolina in an action against one of its suppliers for providing inaccurate NAFTA certifications.
Representing a not-for-profit student lending corporation as lead counsel in a $70 million breach of contract action in federal court in Minnesota.
Representing a company as lead counsel in an investigation by the Consumer Product Safety Commission and a threatened personal injury action, in which very reasonable settlements were achieved. Mr. Dinan also reached a favorable settlement with the company’s insurance carrier.
Representing Michael Andreas as a member of the trial team in a more than two month criminal trial arising out of one of the largest ever international antitrust conspiracy prosecutions. Mr. Dinan also represented Mr. Andreas in connection with numerous civil antitrust cases, and in connection with claims asserted against him by his former employer.
Representing Brookwood Companies Inc. in an action brought against it in federal court in New York alleging patent infringement. After a six week trial, the court ruled that there was no infringement.
Representing Countrywide Financial Corporation, a Bank of America subsidiary, in an FTC consumer protection investigation and litigation involving Countrywide’s mortgage loan servicing practices.
Representing Spansion, Inc. in a Section 337 Investigation at the International Trade Commission.
Representing Monsanto in state court in Delaware in one of the largest environmental insurance coverage cases, which involved multiple trial phases. This matter resulted in a substantial settlement paid to Monsanto.
Representing a company in the silicone breast implant litigation as counsel for several hundred cases in Virginia, Maryland, and the District of Columbia.
Mr. Dinan has also represented clients in a variety of U.S. Tax Court cases, refund actions, federal tax audits, criminal investigations, promoter penalty audits, return preparer examinations, and IRS summons enforcement cases. Representative tax controversy matters that he has handled include the following:
Representing KPMG LLP in a promoter penalty audit and summons enforcement action.
Representing MagneTek, Inc, as lead counsel in a tax refund action in federal court in Tennessee. The action involved a partnership structure characterized by the IRS as a lease-stripping transaction. Mr. Dinan achieved a favorable settlement for MagneTek.
Representing various individuals as lead counsel in the IRS voluntary disclosure program for offshore accounts.
Representing a credit card processing company that received a John Doe summons.
Representing a financial institution in an audit of a sale-in, lease-out (SILO) transaction.
Representing a tax exempt entity in an audit of its tax exempt status and in a summons enforcement action.
Representing an individual in a Tax Court case in which the IRS asserted a fraud penalty.
Prior to joining King & Spalding, Mr. Dinan was a principal at a litigation boutique in Washington, D.C., Schwalb, Donnenfeld, Bray & Silbert, P.C., where he practiced since graduating from law school. Mr. Dinan received a B.A. in economics with departmental honors from the University of Vermont in 1980. He received his law degree from Emory University in 1985, where he graduated with distinction and was a member of the Order of the Coif and Order of the Barristers. While in law school, Mr. Dinan’s team received first place at the Albert R. Mugal Moot Court Tax Competition at the University of Buffalo Law School and he received the “Second Best Oralist” award. He has been a member of the adjunct faculty at George Mason University School of Law, where he has taught Litigation Management. He is a member of the J. Edgar Murdock Tax Court American Inn of Court.
Mr. Dinan is a member or the Virginia and DC bars. He is admitted to practice before the following federal courts: United States Tax Court, United States Court of Federal Claims, United States Court of International Trade, United States District Court for the Eastern District of Virginia, United States District Court for the Western District of Virginia, United States District Court for the District of Maryland, United States District Court for the District of Columbia, United States Court of Appeals for the District of Columbia Circuit, United States Court of Appeals for the Fourth Circuit, United States Court of Appeals for the Federal Circuit, United States Court of Appeals for the Fifth Circuit, United States Court of Appeals for the Seventh Circuit, and the United States Court of Appeals for the Eleventh Circuit.
Presentations
November 15, 2012 Virginia CLE presentation; Privilege Issues Affecting Counsel.
December 14, 2011 Virginia CLE presentation; Effective Use of Interrogatories, Document Requests, and Requests for Admission.
October 21, 2010 D.C Bar Association presentation; Effective Use of Interrogatories, Document Requests & Requests for Admission.
May 21, 2009 Bio International Convention in Atlanta, Georgia; The Unique Role of In-House Pharma/Biotech Lawyers: Legal and Ethical Risks.
June 10, 2004 Twenty-fourth Annual Georgia Federal Tax conference in Atlanta, Georgia; Privilege Issues Affecting the Tax Practitioner.
August 21, 2003 King & Spalding and Ernst & Young client presentation in Atlanta, GA: IRS War on Tax Shelters - Tax Opinions and Privilege Issues.
