Walter A. Marston, Partner Emeritus and Co-Founder
Walter Marston retired in 2021 after over 30 years as one of the leading beverage alcohol law practitioners in Virginia. He represented clients in every segment of the industry, and was counsel to the Virginia Beer Wholesalers Association and Virginia Wine Wholesalers Association since 1978 and 1985, respectively. Walter participated in drafting and lobbying virtually all of the significant amendments to the Virginia Alcoholic Beverage Control Act for over 25 years and developed a particular expertise in resolving state and federal constitutional issues that beset many state alcohol regulators. Walter is well known for his work on the Commerce Clause and his ability to weave a good yarn from the barest threads of a story.
Walter is a graduate of the George Washington University and the University of Virginia Law School. He is a veteran of the U.S. Army, and a very proud grandfather.
MARSTON & MCNALLY, P.C.
**DISCLAIMER: MARIJUANA HAS NOT BEEN DECRIMINALIZED IN THE COMMONWEALTH OF VIRGINIA AT THIS TIME. ONLY LIMITED EXCEPTIONS EXIST FOR MEDICAL CANNABIS AS PROVIDED BY STATUTE. MARSTON & MCNALLY, P.C. ARE NOT CRIMINAL DEFENSE ATTORNEYS AND DO NOT PROVIDE LEGAL ADVICE REGARDING DEFENSES TO CRIMES CONCERNING MARIJUANA.
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ATTORNEYS AT LAW
After a career in information technology, Kevin McNally was admitted to the Virginia Bar in 2001, and has since been practicing in the field of administrative law and government relations. After time with international top law firm Reed Smith, he and co-founder Walter Marston started Marston & McNally in 2007 to focus on the needs of beverage alcohol clients in Virginia and nationwide. Marston & McNally represents the Virginia Beer Wholesalers Association and the Virginia Wine Wholesalers Association.
Kevin represents clients in every segment of the alcoholic beverage and hospitality industries, and in all of the firm's practice areas. He leads all of the firm's litigation cases in state and federal record and appellate courts, and guides all franchise matters. In addition, Kevin has a great deal of experience representing clients in matters appearing before the General Assembly. He now spends a significant amount of time researching, tracking, and engaging on the legislative developments regarding commercial marijuana in Virginia.
Kevin is a graduate of Virginia Commonwealth University and the University of Virginia School of Law. He was named a 2010 "Virginia Rising Star" in Administrative Law by SuperLawyers magazine. Kevin is a veteran of the U.S. Navy.
Moira J. O'Brien, Associate
Moira O'Brien is barred in both Virginia and the District of Columbia. She joined Marston & McNally in 2016 after nearly a decade of practicing administrative law in the federal government. Her background includes conducting complex statutory analyses, drafting regulations and legislation, assessing political risk, and evaluating both the legal and policy implication of clients' goals for long-term value.
Moira focuses her work for Marston & McNally on the licensing and regulatory needs of clients. She has assisted national and international clients achieve licensure with state alcohol boards as well as with the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB). She works with producer clients from the business formation stage all the way through the COLA phase with TTB. Her location in Fairfax makes her accessible to the rapidly growing areas of Loudoun and surrounding counties popular for brewery and vineyard development. Her extension of Marston & McNally into the northern part of the state also puts her in close proximity to the U.S. Capitol and national level industry associations.
Moira is a graduate of the University of Virginia Echols Scholars Program and the Washington and Lee School of Law.