Kenneth M. Fetterman

Education

Georgetown University Law Center, LL.M. in Taxation, 2000
The Catholic University of America, Columbus School of Law, J.D., 1997
Gettysburg College, B.S., 1994

Admitted

1997, Virginia
2001, District of Columbia

Kenneth Fetterman successfully represents plaintiffs and defendants in a wide array of matters, including antitrust, breach of contract, securities, fraud, telecommunications, and intellectual property disputes involving multiple technologies and products. His cases often involve exceedingly complex and high-profile litigation.

Ken has experience conducting internal investigations, handling Foreign Corrupt Practices Act matters, and representing officers and employees appearing as witnesses in investigations conducted by the Securities and Exchange Commission (SEC) and/or the Department of Justice (DOJ). He also has extensive experience as coordinating discovery counsel on major litigations, in ediscovery compliance, strategy, and leading internal and collaborative teams in connection with those efforts.

Ken’s clients include the nation’s leading telecommunications companies, which he has represented in antitrust litigation and enforcement for more than two decades. Ken also has been involved in numerous merger reviews before the FCC or DOJ, including Verizon-NorthPoint, Verizon-GTE, and Bell Atlantic-NYNEX. He has worked on matters related to AT&T litigation in state and federal jurisdictions regarding billing, collection, and remittance of 911 charges, and has successfully obtained dismissals of more than a dozen cases, including through favorable rulings from several state supreme courts.

At the trial level, Ken has experience representing clients as counsel or lead counsel in the Eastern District of Virginia, Alexandria Division (rocket docket) in a variety of matters, including patent, contract, and other claims or counterclaims.

Representative Matters

Viamedia Inc. v. Comcast Corp., No. 16-cv-05486 (N.D. Ill.) – Representing Viamedia in an antitrust suit alleging unlawful tying and exclusive dealing in the local cable advertising representation market.
Federal Trade Commission v. Meta Platforms, Inc., Mark Zuckerberg, and Within Unlimited, Inc., No. 3:22-cv-04325 (N.D. Cal. 2023) – Defeated a request by the U.S. Federal Trade Commission to preliminarily enjoin Meta’s acquisition of Within Unlimited, Inc. After the district court ruled in favor of Meta, the FTC abandoned its parallel administrative complaint in the administrative home court.
Florida v. Purdue Pharma L.P., No. 2018-CA-001438 (Fla. 6th Jud. Cir.) – Represented the State of Florida in a lawsuit filed against pharmaceutical manufacturers, distributors, and pharmacies for the opioid epidemic in that State, in which the firm recovered more than $3.6 billion plus litigation costs and completed its litigation successfully as to the most defendants in the fastest time and lowest cost of any State.
United States v. AT&T Inc., 310 F. Supp. 3d 161 (D.D.C. 2018), aff’d, 916 F.3d 1029 (D.C. Cir. 2019), and United States v. AT&T Inc., 11-01560 (D.D.C.) – Represented AT&T in the Department of Justice’s recent unsuccessful challenge to the merger of AT&T and Time Warner, and in the Department of Justice’s lawsuit to enjoin the merger of AT&T Inc. and T-Mobile USA, Inc.
UFCW & Employers Benefit Trust v. Sutter Health, No. CGC 14-538451 (Cal. Super. Ct.) – Represented a certified class of employers and unions alleging that the Sutter Health hospital system leveraged its market power to engage in anticompetitive conduct, insulate itself from competition, and charge inflated prices. After five and a half years of litigation, the parties settled on the eve of trial. Subject to court approval, Sutter has agreed to pay $575 million and comprehensive injunctive relief, including changing its practices under the supervision of a court-appointed monitor.
Coretel Virginia, LLC v. Verizon Virginia, LLC, No. 1:12-CV-741, 2013 WL 1755199 (E.D. Va. Apr. 22, 2013) – Represented clients as counsel or lead counsel in the Eastern District of Virginia, Alexandria Division (rocket docket) in a variety of matters, including patent, contract, and other claims or counterclaims. Presented evidence at trial related to counterclaim damages.
In re: Bank of New York Mellon Corp. Foreign Exchange Transactions Litigation, 857 F. Supp. 2d 1371 (J.P.M.L. 2012) – Represented Bank of New York Mellon in lawsuits alleging that BNYM violated federal mail and wire fraud laws, state False Claims Acts, and fiduciary and contractual duties through its provision of foreign exchange services.
Navistar International Corp. v. Deloitte & Touche LLP, No. 2011 L 004269 (Ill. Cir. Ct., Cook Cnty.) – Represented a publicly traded company in prosecuting claims against the company’s former auditor.
Astro Tel, Inc. v. Verizon Florida, LLC, 979 F. Supp. 2d 1284 (M.D. Fla. 2013), Covad Communications Co. v. BellSouth Corp., 314 F.3d 1282 (11th Cir. 2002), andCovad Communications Co. v. Bell Atlantic Corp., 398 F.3d 666 (D.C. Cir. 2005) – Represented Verizon against a variety of claims including monopolization, attempted monopolization, and tying in a case that was dismissed at summary judgment; represented BellSouth in a case involving Section 2 and other antitrust claims; represented SBC in a case involving refusal to deal among other claims; and defended Verizon against a monopolization claim that was dismissed and then affirmed on appeal.

News

May 01, 2021

Kellogg Hansen Attorneys Named to the 2020 Capital Pro Bono Honor Roll

May 1, 2021— Kellogg Hansen attorneys qualified for recognition on the 2020 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel. Nine 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 2022 honorees can be found here. Kellogg Hansen 2020 Capital Pro Bono Honor Roll Scott Attaway Daniel Bird Christine Bonomo* Matthew Drecun* Linda Elliott* Kenneth Fetterman Daniel Guarnera* Michael Guzman Julia Haines Jacob Hartman* Michael Kellogg Gerald Kerska Geoffrey Klineberg* Grace Knofczynski Sean Nadel* Bradley Oppenheimer* Ana Paul Eliana Pfeffer Gregory Rapawy Thomas Samuels* Christopher Sarma Thomas Schultz* Julius Taranto Jayme Weber Joseph Wenner* *denotes High Honor roll ..

December 20, 2019

Settlement Agreement Reached Between UEBT, California Attorney General, and Sutter Health

$575 million settlement agreement includes injunctive relief that will ensure Sutter competes on price and quality. San Francisco, Calif. | December 20, 2019— Kellogg Hansen is seeking preliminary approval of a landmark class-action settlement reached with Sutter Health, the largest health care system in Northern California. The $575 million settlement resolves claims brought by UFCW & Employers Benefit Trust (UEBT) on behalf of a certified class of direct purchasers of hospital services, as well as the Attorney General of California. The agreement also provides injunctive relief, under the supervision of a court-appointed monitor, designed to limit Sutter’s charges for out-of-network services and to prevent Sutter from leveraging its market power in contract negotiations regarding provider networks. In a statement about the settlement, UEBT Board Chair Jacques Loveall said: “From the outset, our goal has been to not only achieve justice for the members of the class, but to also put an end to the anticompetitive behavior that has allowed Sutter to charge inflated prices. Today, we are asking the Court to approve a settlement that delivers on both of these goals.” UEBT’s full statement is available here. The parties reached the settlement on the eve of trial. Daniel Bird led the Kellogg Hansen trial team, which included Kenneth Fetterman, Linda Elliott, Jacob Hartman, and Albert Pak. Kellogg Hansen is joined by co-counsel Pillsbury & Coleman, LLP; Farella Braun + Martel LLP; Cohen Milstein Sellers & Toll PLLC; and McCracken, Stemerman & Holsberry, LLP. Case caption: UFCW & Employers Benefit Trust, on behalf of itself and all others similarly situated, v. Sutter Health, et al., Case No. CGC-14-538451, pending in the San Francisco Superior Court. For media inquiries, please contact: UEBTMedia@msh.law ..