Portrait of Doug Kay

Douglas R. Kay

Deputy Managing Principal

A seasoned advocate with over three decades of trial experience, Viriginia-based attorney Doug Kay focuses his practice on complex commercial litigation and business disputes.

Doug regularly handles high-stake cases representing businesses in state, federal, and appellate courts across Virginia, Washington, D.C., and beyond. He frequently serves as local counsel in federal and state courts in Virginia, where he provides valuable insight and strategic guidance on local procedures and practices to ensure that clients' cases are handled competently, efficiently, and successfully.

Business & Commercial Litigation

An experienced commercial litigator, Doug leverages his broad range of practical experience to help his clients resolve their most threatening and difficult business and legal problems. He regularly handles cases related to:

  • Breach of contract
  • Fraud
  • Breach of fiduciary duty
  • Business conspiracy
  • Tortious interference with prospective economic advantage
  • Misappropriation of trade secrets
  • Employment disputes

Doug is particularly skilled in diagnosing and solving problems in their earliest stages and has a proven track record of helping his clients avoid costly and unnecessary litigation. He is calm and experienced when confronted with a matter that must be resolved in a court of law, administrative hearing, or through alternative dispute resolution (ADR). He strives to reach the best result for his clients’ problems.

Estate Litigation

In addition to business disputes, Doug handles trust and estate litigation. He is experienced with inheritance-related disputes involving will and trust beneficiaries, executors and administrators, trustees, and attorneys-in-fact under powers of attorney. Doug has tried fiduciary cases related to breach of fiduciary duty, incapacity, undue influence, and will contests. 

Expert Witness Work (Attorney Fee Disputes)

Doug also possesses extensive experience serving as an expert witness in attorney fee disputes. His hands-on experience in law firm operations provides a solid foundation for his reliable evaluations in fee-related conflicts. By combining his managerial insights with his in-depth knowledge of legal billing practices, Doug offers well-substantiated opinions on behalf of parties embroiled in attorney fee disputes. Similarly, his insights from this expert witness work benefit his management role, enhancing Offit Kurman’s commitment to excellence and reinforcing the integrity of our legal services.

Law Firm Management

In addition to his legal practice, Doug is the Deputy Managing Principal of Offit Kurman. In this role, Doug assists the Managing Principal with the overall management of the firm’s Practice of Law Division, focusing on practice group management and performance, timekeeper performance and morale, cross referrals, quality assurance/quality control, marketing, and organic growth. Doug also focuses on attorney recruiting and on special programs, including Artificial Intelligence Strategy, the Associate Development Program, the Leadership Training Program, and the Mentorship Program.

Background

Doug was commissioned an officer in the United States Navy while in law school. Following law school, he served on active duty as a Judge Advocate at Naval Air Station Whidbey Island. After his military service, he worked as an Assistant Commonwealth's Attorney for Fairfax County before entering private practice as a civil litigation associate at a large law firm and later becoming a named partner at a boutique firm. Doug joined Offit Kurman as a principal in 2013, became a shareholder in 2016, and was elected to the firm’s board of directors in 2020. He has held several leadership roles at Offit Kurman, including practice group leader, practice group director, and his current position as department chair since 2021.

    Education

    • California Western School of Law (J.D.)
      • Law Review; Article at 29 Cal. W. Law Rev. 307
    • Virginia Polytechnic Institute and State University (B.A.)

    State Bar Admissions

    • Virginia
    • District of Columbia

    Court Admissions

    • Virginia Supreme Court
    • District of Columbia Court of Appeals
    • 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 Columbia
    • United States Court of Appeals for the Armed Forces
    • United States Court of Appeals for the Fourth Circuit
    • Supreme Court of the United States

    Professional Affiliations

    • Virginia Bar Association, Board of Governors, 2024-Present
    • Commissioner, Ad Hoc Police Practices Review Commission, 2015
    • Fairfax Police Civilian Review Panel, Panel Member, 2017-2021, Past Chair and Vice Chair
    • Virginia State Bar Council for 19th Judicial Circuit, 2017-2023
    • Virginia State Bar Standing Committee on Professionalism, 2018-2022
    • Virginia State Bar Professionalism Course, Faculty, 2021-2022
    • Fairfax Bar Association, Past President
    • Fairfax Bar Association, Board of Directors, 2008-2017
    • FBA Legislative Affairs Committee, Past Chairman
    • FBA Judicial Screening Committee, Past Member

    Recognitions

    The AV Preeminent® rating is Martindale-Hubbell’s® highest possible designation, and a unique marker of excellence among members of the legal profession. Attorneys who achieve this rating are recognized by their peers for their abilities in and out of court, as well as for demonstrating high standards of ethical behavior.

Featured Publications & News

<p>115 Offit Kurman Attorneys Recognized in Best Lawyers in America and Ones to Watch Lists</p>

115 Offit Kurman Attorneys Recognized in Best Lawyers in America and Ones to Watch Lists

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  • Biography
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Firm Highlights

  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.
  • Blog Posts
    Prenups: The Marriage Contract You Need to Talk About Before Saying “I Do”
    What if talking about a prenup isn't about planning for divorce, but about having honest conversations before you get married? In this episode of Love Ends, Law Begins, hosts Fara Rodriguez and Stephanie Lehman take a closer look at one of the most misunderstood legal documents in marriage: the prenuptial agreement. They discuss why prenups are becoming more common, what couples should consider when creating one, and some of the unusual clauses people have tried to include. From infidelity and social media clauses to financial arrangements and “walk away” agreements, the conversation explores how prenups can be tailored to a couple's individual circumstances. Fara and Stephanie also discuss the importance of thinking beyond the present and considering how marriage, children, careers, finances, and even moving to another state could affect a prenup in the future. They explain why couples need to understand what they're agreeing to, especially when one spouse may eventually become a stay at home parent or sacrifice their own earning potential. Whether you're engaged, considering a prenup, or simply curious about how these agreements work, this conversation offers a practical look at the financial and legal conversations couples should have before walking down the aisle. In this episode, you'll hear about: • Why couples choose to create prenuptial agreements • What a “walk away” agreement means • How marriage can change the way couples approach finances • What happens when one spouse becomes a stay at home parent • Lifestyle, infidelity, and social media clauses • Why child custody and child support can't be predetermined in a prenup • The importance of financial transparency before marriage • How future careers, children, and relocation can impact a prenup • Why state laws matter when couples move after signing an agreement • How a prenup can serve as a roadmap for dividing assets if a marriage ends