Derek T. Ho

November 13, 2025 — The American Antitrust Institute (AAI) has recognized the Innovative Health, LLC v. Biosense Webster, Inc. litigation team with the Outstanding Antitrust Litigation Achievement in Private Law Practice award. This award celebrates exceptional contributions to advancing the enforcement of antitrust laws and promoting competition. Kellogg Hansen served as lead trial counsel, alongside Berger Montague, Jeffrey L. Berhold PC, and Theodora Oringher PC. The case alleged that Biosense Webster, Inc. engaged in a tying arrangement and other exclusionary conduct that foreclosed competition from reprocessors of cardiac catheters. The litigation addressed monopolistic behavior in the aftermarket for reprocessed medical devices—an area rarely litigated all the way to trial under Section 2 of the Sherman Act. The case was initially dismissed on summary judgment.  After the Ninth Circuit reversed, the team guided the case through post-remand discovery and trial, ultimately securing a successful jury verdict and $442 million in treble damages, as well as injunctive relief. This outcome represents one of the few successful aftermarket tying verdicts in recent decades and carries significant implications for healthcare competition—reinforcing consumer choice, reducing medical costs, and contributing to the evolving jurisprudence on monopolization and tying in the medical device industry. In addition, Kelley C. Schiffman was honored by AAI for Outstanding Antitrust Litigation Achievement by a Young Lawyer for her contributions to this case. The Kellogg Hansen team included Derek T. Ho, Andrew E. Goldsmith, Kelley C. Schiffman, Rachel Anderson DeLisle, Annamaria M. Morales-Kimball, Matthew D. Reade, and Sean P. Quirk. More information about the AAI Antitrust Enforcement Awards can be found here...

July 3, 2025 — Partners Michael N. Nemelka and Derek T. Ho of Kellogg, Hansen, Todd, Figel & Frederick, PLLC have been recognized among Bloomberg Law’s Unrivaled Litigators for 2025 in honor of the firm’s role as lead counsel in the groundbreaking antitrust class action Loop LLC v. CDK Global, LLC, No. 24-571 (W.D. Wis.). Representing a class of automotive software vendors, Michael Nemelka was lead counsel of a Kellogg Hansen team that included Derek Ho, Daniel Dorris, and Aaron Panner.  The case alleged a years-long antitrust conspiracy between CDK Global, LLC and The Reynolds & Reynolds Company – the two leading providers of dealer management system software – to restrict access to car dealership data.  As a result of the conspiracy, software vendors paid highly inflated prices for access to that data. On January 27, 2025, CDK agreed to pay $630 million to settle the claims, which is $140 million more than the class’s actual damages of $490 million.  That extraordinary result is a success story for private civil enforcement of our nation’s antitrust laws.  Without the aid of any government agency or prior action, the Kellogg Hansen team investigated the facts, discovered the alleged conspiracy, and pursued claims for the class for over seven years – from complaint through motion to dismiss, fact and expert discovery, Daubert and summary judgment, class certification, pretrial proceedings, and to the brink of trial. “This case required us to build the facts and legal theories from the ground up, and then the determination and energy to litigate the claims for over seven years from inception to the eve of trial,” said partner Michael Nemelka. “But with the team’s dedication and unrelenting efforts, we did it.  The strength of our evidence and our belief in the class’s claims carried us through.” In recognition of the remarkable result, Bloomberg Law named Michael Nemelka and Derek Ho to its inaugural list of Unrivaled Litigators featuring “trial lawyers who lead the legal profession in high-stakes and impactful trials and settlements.” To read more about the case and Bloomberg Law’s recognition of the firm, visit Bloomberg’s website. In addition to 2025 Bloomberg Unrivaled Litigators, Michael Nemelka and the team have been recognized for their work in this case from these other publications and legal journals: The American Lawyer – Litigator of the Week The American Lawyer –  Elite Trial Lawyers Judicial Notice – Original Jurisdiction Michael Nemelka specializes in complex commercial litigation, and has experience across a broad range of civil and criminal matters.  He has tried numerous cases to verdict in federal and state courts, as well as before arbitration panels.  In addition, as a result of his government service as Deputy United States Trade Representative, he helps clients navigate challenges and barriers in international trade and investment. Derek Ho litigates high-stakes commercial cases with often billions of dollars at stake.  He has helped clients obtain billions of dollars through trial or settlement.  As both an experienced trial litigator and a seasoned appellate lawyer, Derek represents plaintiffs and defendants in all phases of litigation. Aaron Panner specializes in antitrust law and U.S. Supreme Court and appellate litigation. Dan Dorris represents both plaintiffs and defendants in complex civil, antitrust, and securities litigation.  At the trial level, Dan handles every phase of litigation, from complaints to arguing dispositive motions and at trial.  At the appellate level, he has briefed and argued cases in multiple courts of appeals.    ..

June 18, 2025 — Six partners at Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. have been ranked in the 2025 edition of Chambers and Partners USA for their work in appellate litigation, general commercial litigation, and telecommunications law. The rankings reflect the firm’s continued strength in handling complex, high-stakes litigation at both the trial and appellate levels. General Commercial Litigation: The Elite – District of Columbia In the District of Columbia category for General Commercial Litigation, Chambers USA recognized Mark C. Hansen, David C. Frederick, and Derek T. Ho. These attorneys handle a wide range of complex civil litigation matters, including class actions, antitrust disputes, and securities cases, often in cases involving substantial financial or regulatory exposure. Appellate Law – Nationwide Three Kellogg Hansen partners — David C. Frederick, Michael K. Kellogg, and Aaron M. Panner — were ranked in the Chambers USA nationwide category for Appellate Law. The firm’s appellate practice has a longstanding reputation for representing clients in significant matters before the U.S. Supreme Court and federal courts of appeals. Telecom, Broadcast & Satellite Law – District of Columbia Michael K. Kellogg and Scott H. Angstreich were ranked in the District of Columbia category for Telecom, Broadcast & Satellite Law. The firm has long represented clients in the telecommunications sector in regulatory, appellate, and trial court litigation, including disputes involving federal and state communications laws. These rankings confirm Kellogg Hansen’s ongoing role as lead counsel in major commercial, regulatory, and appellate matters in Washington, D.C. and nationwide. Chambers USA is an independent legal directory that ranks the leading lawyers and law firms in the United States based on in-depth research and client feedback. Rankings are determined through a rigorous evaluation of attorneys’ legal knowledge, client service, commercial awareness, and track record of success. Recognition in Chambers USA signals a high level of respect from peers and clients and reflects consistent excellence in legal practice. View the firm’s Chambers USA profile here...

May 29, 2025 — In a resounding antitrust victory, a California federal jury awarded $147.4 million to Innovative Health LLC in its lawsuit against Biosense Webster Inc., a Johnson & Johnson subsidiary. Kellogg, Hansen, Todd, Figel & Frederick PLLC led the case from opening statements to verdict. Kellogg Hansen entered the case as lead trial counsel in August 2024 after the Ninth Circuit Court of Appeals reversed a prior summary judgment in favor of Biosense Webster. That appellate decision revived Innovative’s claims and cleared the way for trial. At the center of the lawsuit were allegations that Biosense illegally tied its clinical support services to the purchase of its sensor-enabled cardiac mapping catheters, blocking hospitals from using FDA-cleared reprocessed alternatives. The case also focused on Biosense’s use of hardware-based blocking technology to exclude competitors like Innovative from the market. After a two-week trial, the jury unanimously found that Biosense had violated federal and state antitrust laws, including the Sherman Act, by leveraging its dominance in clinical support to suppress lower-cost reprocessed catheters and maintain inflated prices. The jury awarded damages of $147,406,481, which the court trebled to $442,219,443 under federal and state antitrust statutes. This case underscores Kellogg Hansen’s excellence in trial strategy and antitrust litigation. The outcome not only secures justice for Innovative Health, but it also sends a resounding message to dominant medical device firms: exclusionary tactics that block competition will not stand. Kellogg Hansen’s trial team was led by partners Derek Ho and Andrew Goldsmith, who delivered the closing and opening statements, respectively, and examined key witnesses throughout the two-week trial. But the success was powered by a deep bench: all five Kellogg Hansen associates on the team, Rachel Anderson, Annamaria Morales-Kimball, Sean Quirk, Matthew Reade, and Kelley Schiffman also examined witnesses and argued evidentiary disputes to the court. Co-counsel Jeffrey L. Berhold of Jeffrey L. Berhold PC; Joshua P. Davis, Matthew Summers, and Kyla Gibboney of Berger Montague; and Panteha Abdollahi of Theodora Oringher also played important roles. This case has been highlighted in David Lat’s Original Jurisdiction and Law360 Legal Lions. Innovative Health LLC v. Biosense Webster Inc., No. 8:19-cv-02148 (C.D. Cal.)..

May 19, 2025— Twenty-three Kellogg Hansen attorneys qualified for recognition on the 2024 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel. The District of Columbia Courts have recognized attorneys through the Capital Pro Bono Honor Roll since 2011. In 2024, 5,400 attorneys registered for the Honor Roll, with 3,033 (56%) providing 100 or more hours of pro bono service, thus qualifying for the High Honor Roll. Seventeen Kellogg Hansen attorneys qualified for the High Honor Roll. Across all practice groups, individuals provided at least 421,650 hours of pro bono service. The 2024 Honor Roll members hail from more than 150 law firms, solo practices, federal and local government agencies, corporations, associations, and public interest organizations. Anna Blackburne-Rigsby, Chief Judge of the District of Columbia Court of Appeals and Milton C. Lee, Jr., Chief Judge of the Superior Court of the District of Columbia stated: “We applaud you for answering – and in many cases exceeding – the call to service embodied by D.C. Rule of Professional Conduct 6.1 to perform at least 50 hours of pro bono service annually. We know that your actions stem not only from a commitment to your ethical obligations, but also from your principled beliefs in equal access to justice. We are pleased to recognize you on the 2024 Capital Pro Bono Honor Roll.” The Kellogg Hansen attorneys on the list include: Scott K. Attaway *  Alejandra Ávila Justin B. Berg * Geoffrey J.H. Block * Mary Charlotte Y. Carroll * Abigail E. DeHart * Chanslor Gallenstein * Jordan R.G. González * Sven (Trip) E. Henningson Mark P. Hirschboeck * Geoffrey M. Klineberg * Annamaria M. Morales-Kimball Ana N. Paul Matthew D. Reade * Derek C. Reinbold * Thomas B. Samuels * Caroline A. Schechinger * Andrew P. Skaras Lillian V. Smith * Katherine V. Tondrowski * Alex P. Treiger * Matthew J. Wilkins Daren G. Zhang * *denotes High Honor Roll..

November 1, 2024–  Kellogg Hansen has been recognized in The National Law Journal Legal Awards 2024. Derek T. Ho has been named a finalist for Winning Litigators, and Bradley E. Oppenheimer has been honored as a Rising Star. The Winning Litigators awards recognize those who have at least one significant win in a jury or bench trial in 2023. Significant wins include prevailing when substantial damages were at stake, setting a legal precedent or overcoming an unfriendly jurisdiction. The Rising Stars awards recognize the Washington, D.C., region’s 40 most promising lawyers aged 40 and under. These individuals are innovators who develop unique practice niches, secure wins for clients, cultivate robust books of business, and demonstrate strong leadership qualities. Derek T. Ho litigates high-stakes commercial cases, securing billions for clients through trials and settlements. As an experienced trial and appellate lawyer, he handles all phases of litigation. He has particular experience in antitrust and complex litigation (class actions and MDLs). His cases have established important legal precedents in those fields, including his work on Petersen Energía Inversora v. Argentine Republic, No. 15-cv-2739 (S.D.N.Y.); Eton Park Capital Management, L.P. v. Argentine Republic, No. 16-cv-8569 (S.D.N.Y.). Bradley E. Oppenheimer represents clients in high-stakes litigation and investigations, focusing on securities, FinTech, False Claims Act, consumer protection, and complex commercial proceedings. Congratulations to all the finalists and winners. See the full list here. ..

August 12, 2024–  On Monday, August 5, 2024, the U.S. Court of Appeals for the Fourth Circuit delivered a significant victory for Kellogg Hansen client NTE in its antitrust monopolization case against Duke Energy.  The Fourth Circuit’s ruling creates an important precedent on multiple important principles of U.S. antitrust law. NTE’s mission has been to provide cleaner, lower-cost electricity to wholesale customers in the Carolinas, where Duke Energy has been the incumbent monopolist for years. Duke Energy admittedly could not compete with NTE on price or efficiency, so, as NTE’s lawsuit highlighted, Duke undertook multiple strategies to stifle competition from NTE.  Among other things, Duke Energy terminated NTE\'s interconnection agreement under false pretenses and in violation of FERC regulations; and it offered a renewal contract to an existing customer, Fayetteville, with a complex discounted pricing structure that was designed to prevent NTE from competing. The District Court had initially granted summary judgment to Duke Energy.  It analyzed each aspect of Duke’s multi-pronged strategy separately, and asserting that each separate component did not independently constitute an antitrust violation. The Court of Appeals also reaffirmed an important principle of judicial recusal:  once a judge is recused, that judge is recused from the case permanently.  The Fourth Circuit rejected this reasoning and sided with NTE Energy. NTE Energy is represented by Derek Ho, Caroline Schechinger, Matthew Wilkins, and Jonathan Liebman of Kellogg Hansen. Read the full article here: Law360\'s Legal Lions Of The Week - Law360 ..

June 12, 2024 – Kellogg Hansen partner John Thorne and associate Derek Reinbold recently authored the U.S. chapter for Global Competition Review’s inaugural Data & Antitrust Guide. The chapter details how U.S. antitrust enforcers and courts view uses and abuses of data. It begins by discussing data’s role in monopolization cases such as the high-profile actions against Google, Facebook, and Amazon. It next addresses how enforcers treat mergers in which the merging parties maintain competitively valuable – or competitively sensitive – data. It then turns to issues of collusion, particularly how enforcers view new technologies such as artificial intelligence in cases involving information exchanges or alleged price-fixing. The chapter concludes with a discussion of how data privacy has emerged as a new metric of market power, an element of competitive harm, and potential procompetitive justification for otherwise anticompetitive conduct. John Thorne represents technology companies, media firms, newspaper publishers, financial services providers, app developers, and consumer products companies in antitrust, intellectual property, and other commercial litigation. Derek Reinbold represents plaintiffs and defendants in civil litigation at the trial and appellate levels.  He litigates cases involving complex issues of personal jurisdiction, preemption, class certification, and other matters. ..

May 23,  2024— Kellogg Hansen partner Derek Ho will present at The 2024 Global Class Actions and Mass Torts Perfect Law Conference on Thursday, May 23, 2024. This two-day conference, held in London, is a prestigious international event that focuses on the concept of collective redress, which refers to legal mechanisms that allow a large group of individuals who have suffered similar harm or injury to pursue their claims together as a single entity. Derek will speak on a panel titled, “Models of Damages Assessment,” with other industry leaders from across the globe. See the full line up of speakers here and the full agenda here. ..

May 1, 2024— Twenty-three Kellogg Hansen attorneys qualified for recognition on the 2023 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel.  Twelve Kellogg Hansen attorneys also qualified for the High Honor Roll for providing one hundred hours or more of pro bono service.  The District of Columbia Courts have recognized attorneys through the Capital Pro Bono Honor Roll since 2011.  The complete list of 2023 Honor Roll members hail from 166 firms, solo practices, federal and local government agencies, corporations, associations, and public interest organizations, accounting for least 392,750 hours of pro bono service across all types of practice. It can be found here. Chief Judge Anna Blackburne-Rigsby of the District of Columbia Court of Appeals and Chief Judge Anita Josey-Herring of the Superior Court of the District of Columbia stated: “Thank you for answering – and in many cases exceeding – the call to service embodied by Rule 6.1. We know that your actions stem not only from a commitment to your ethical obligations, but also from your principled belief in equal access to justice. We are pleased to recognize your dedication by including your name on this year’s Capital Pro Bono Honor Roll.”      Kellogg Hansen 2023 Capital Pro Bono Honor Roll Rachel T. Anderson* Scott K. Attaway* Justin B. Berg* Geoffrey Block* Mary Charlotte Y. Carroll* Tiberius T. Davis Abigail E. DeHart* Hannah D.C. DePalo D. Chanslor Gallenstein Nataliia Gillespie Jordan R. Gonzalez Minsuk Han* Mark P. Hirschboek Derek T. Ho* Geoffrey M. Klineberg* Ariela M. Migdal Matthew D. Reade* Catherine M. Redlingshafer Derek C. Reinbold* Caroline A. Schechinger Andrew Skaras Alex P. Treiger* Daren G. Zhang* * denotes High Honor Roll   ..