Our Attorneys

​​​​Walter A. Marston

Walter Marston has been a leading practitioner in Virginia in the field of liquor law for nearly 30 years. He has in-depth skills in dealing with beverage alcohol industry state and federal regulation, licensing, litigation, mergers and acquisitions and importation of beverage alcohol from foreign producers. He has represented clients in every segment of the industry, including breweries, wineries, importers, beer and wine distributors, hotel and restaurant chains and even estates with licensed hospitality and manufacturing assets requiring disposal, transfer or re-licensing. He has represented the Virginia Beer Wholesalers Association on Virginia legislative, regulatory and litigation matters since 1978 and has represented the Virginia Wine Wholesalers Association on the same topics since 1985. He has participated in drafting and lobbying virtually all of the significant amendments to the Virginia Alcoholic Beverage Control Act for the last 25 years and has developed a particular expertise in resolving state and federal constitutional issues that have beset many state alcohol regulators since the late 1990’s, particularly Commerce Clause-based challenges to state regulatory schemes.

He is a graduate of the George Washington University (BA, International Affairs, 1966) and the University of Virginia Law School (LLB, 1969).  Walter is a veteran of the United States Army.

Contact Walter at: 


​(Office) 804-354-9148
(Mobile) 804-502-8586

​The lawyers and staff at Marston & McNally have dedicated themselves to the exclusive practice of beverage alcohol law based on the belief that being the best requires focus and commitment.  Our complete dedication of time and resources to beverage alcohol matters is an asset for clients, who can rest assured that experienced lawyers are handling cases.  

The attorneys at Marston & McNally are in regular communication with the regulatory bodies and officials overseeing the industry in our home state of Virginia, with whom we strive to cultivate productive, positive relationships. In addition, we have generated close relationships with alcoholic beverage regulators and attorneys throughout the United States, giving us access to the experience and knowledge of experts in other states about legal developments and supplier-distributor issues taking shape across the nation. 

At Marston & McNally, you will find attorneys who understand the nuances of your alcohol law issue and who will help you achieve your best possible outcome.  

Whether it concerns licensing or litigation, compliance matters or

corporate combinations, if your business involves alcoholic beverages anywhere in the United States, ​the attorneys at Marston & McNally are ready to assist you. 

Contact us at 804-354-9148 or                          

Kevin R. McNally

Kevin McNally came to the law after a career in information technology, and has been practicing with Walter Marston in the field of administrative law and government relations since his admittance to the Virginia State Bar in 2001.    Kevin represents clients in every segment of the alcoholic beverage and hospitality industries in state and federal licensing and regulation, enforcement proceedings, litigation, franchise matters, and business formation and combination. His practice extends to both state and federal record and appellate courts. Kevin's administrative law practice also includes representing trade associations and their individual members in matters before a number of state agencies, including the Department of Alcoholic Beverage Control, the Department of Health Professions, the Department of Motor Vehicles, the Board for Contractors, and the State Corporation Commission. Kevin also represents a number of these same clients in matters appearing before the Virginia General Assembly. 

Kevin is a graduate of the University of Virginia School of Law and was named a 2010 "Virginia Rising Star" in Administrative Law by SuperLawyers magazine.  Kevin is a veteran of the United States Navy.

Contact Kevin at:


​​​(Office) 804-354-9148
(Mobile) 804-405-1726

Moira J. O'Brien

​Moira O’Brien is barred in both Virginia and Washington, D.C.  She joined Marston & McNally after nearly a decade of practicing law in the federal government. As a senior legal advisor, Moira garnered extensive experience in administrative law, with a focus on developing legal strategy for her clients’ organizational and legislative priorities.  Her background includes conducting complex statutory analyses, drafting regulations and legislation, assessing political risk, and evaluating both the legal and policy implications of clients’ goals for long-term value.

 Our Philosophy

Moira brought to Marston & McNally her valuable insights as a former attorney in an administrative agency. Her familiarity with the internal mechanisms and motivations of administrative procedure and the legislative process can now help guide Marston & McNally clients toward their best results.

As a resident of Northern Virginia, Moira is in close physical proximity to the U.S. Capitol, the Alcohol and Tobacco Tax and Trade Bureau, and to national level industry associations.  She is also only a short distance from the rapidly growing areas of Loudoun and surrounding counties popular for vineyard and brewery development.  By extending the presence of Marston & McNally into the northern part of the state, Moira offers in-person legal service to our clients in Northern Virginia or Washington at any time.

Moira is a graduate of the University of Virginia Echols Scholars Program (B.A., 2002), and the Washington and Lee University School of Law (J.D., 2006).  

Contact Moira at: 
​(Direct/Mobile) 804-402-9924