Kevin D. Horvitz

December 8, 2025 — After years of high-stakes litigation and a multi-week bench trial, on November 18, 2025, Chief Judge James E. Boasberg entered judgment for Meta on the FTC’s Section 2 claim. The Court rejected the FTC’s proposed “personal social networking” market and, based on extensive empirical evidence, found a broader social‑media market that includes TikTok and YouTube. The Court concluded that the FTC failed to prove Meta possesses monopoly power in the relevant market. The Court credited field experiments, natural experiments (including platform outages and a ban on the TikTok app in India), and app usage data showing significant and persistent diversion between Facebook, Instagram, TikTok, and YouTube. It found convergence across features and user behavior—particularly the shift toward AI-recommended short-form video and private messaging—undercutting the FTC’s effort to distinguish “social networking” from “entertainment.” The Court declined to infer monopoly power from evidence of Meta’s profits and further determined that the FTC had failed to show that the “quality-adjusted” price of Meta’s apps had declined; on the contrary, it found that “Meta’s apps have continuously improved.”  And in the relevant market, time‑spent and user metrics show that Meta’s share is well below monopoly thresholds and trending down. The court ordered judgment for Meta, ending the FTC’s case at the liability stage. A large Kellogg Hansen team, led by Mark C. Hansen, served as lead trial counsel for Meta.   The lawyers involved at trial included Daniel V. Dorris, Andrew E. Goldsmith, Joseph S. Hall, Jake E. Hartman, Kevin D. Horvitz, Kevin B. Huff, Geoffrey M. Klineberg, Evan T. Leo, Kevin J. Miller, Aaron M. Panner, Alex Parkinson, Ana N. Paul, Leslie V. Pope, Thomas G. Schultz, Lillian V. Smith, Silvija A. Strikis, Ariela M. Migdal, Collin R. White, Justin B. Berg, Geoffrey J.H. Block, Hannah D.C. DePalo, Nataliia Gillespie, Natalie E. Giotta, Jordan R.G. González, Zachary M. Meskell, Diego Negron-Reichard, Aaseesh P. Polavarapu, Catherine M. Redlingshafer, Andrew Skaras, Alex P. Treiger, and Hilary M. Weaver. This case has garnered significant national attention, with coverage in Global Competition Review, Litigator of the Week, Law360’s Legal Lions, and Judicial Notice. These outlets highlighted the complexity of the litigation, the breadth of the economic evidence presented at trial, and the substantial implications of the Court’s decision for antitrust enforcement in digital markets. The recognition across multiple leading publications underscores both the importance of the ruling and the exceptional work of the trial team. Federal Trade Commission v. Meta Platforms, Inc. Case 1:20-cv-03590-JEB..

January 1, 2024— Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. is pleased to announce that Kevin D. Horvitz, Grace W. Knofczynski, Daniel S. Severson, and Lillian V. Smith have been promoted as partners in the firm. Kevin D. Horvitz represents clients in complex litigation at trial and appellate levels and has particular experience litigating cases involving antitrust claims, telecommunications, contract disputes, and mass torts.  He has argued on behalf of clients in federal and state courts nationwide, including in the United States Court of Appeals for the D.C. Circuit.  Before joining the firm in 2017, Kevin served as a law clerk to Judge Gerald B. Tjoflat on the U.S. Court of Appeals for the Eleventh Circuit. He graduated magna cum laude from Duke University School of Law with a J.D. and LL.M. in Law and Entrepreneurship, where he was on the Editorial Board of Duke Law Journal, and a member of the Order of the Coif. He earned his undergraduate degree in Corporate Strategy and Entrepreneurship from Vanderbilt University. Grace W. Knofczynski represents both plaintiffs and defendants in complex civil litigation at the trial and appellate levels and in administrative proceedings.  Before joining the firm in 2017, Grace served as a law clerk to Judge A. Raymond Randolph on the U.S. Court of Appeals for the D.C. Circuit.  She graduated summa cum laude from the University of Pennsylvania Law School, where she was a member of the Order of the Coif and received the Peter McCall Prize for the highest GPA for the three-year J.D. course.  She also served as an editor of the University of Pennsylvania Law Review and participated in the Supreme Court Clinic.  Grace graduated magna cum laude from the University of Tulsa with degrees in biochemistry and philosophy.  Daniel S. Severson litigates complex civil cases in state and federal trial and appellate courts throughout the country.  He has represented clients in a dozen certiorari and merits stage appeals at the U.S. Supreme Court and argued cases before two federal courts of appeals.  Daniel successfully reinstated civil rights claims as court-appointed pro bono counsel in Shaw v. Foreman, 59 F.4th 121 (4th Cir. 2023).  Before joining the firm in 2017, he served as a law clerk to Judge Allyson Kay Duncan on the U.S. Court of Appeals for the Fourth Circuit.  Daniel graduated cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard International Law Journal and received the Myer Dana and Etta Dana Scholarship and the Dwight D. Eisenhower Scholarship.  Daniel also holds a Master in Public Policy from Harvard University and was awarded Harvard University’s Presidential Public Service Fellowship for work at the U.S. Department of Defense.  He has served as a foreign affairs analyst at the U.S. Department of State and a Fulbright Scholar in Taiwan.  Daniel graduated from Bard College with degrees in political studies and French horn performance. Lillian V. Smith represents both plaintiffs and defendants in complex civil litigation and has substantial experience trying high-stakes matters for clients in both federal and state courts.  Before joining the firm in 2017, Lillian served as a law clerk to Judge Roger L. Gregory on the U.S. Court of Appeals for the Fourth Circuit.  She graduated summa cum laude from Brooklyn Law School, where she was a Carswell Merit Scholar, an Edward V. Sparer Public Interest Fellow, and Editor-in-Chief of the Brooklyn Law Review.  Lillian earned her undergraduate degree with High Distinction from the University of Virginia. Kellogg Hansen is a preeminent trial and appellate litigation firm founded on the idea that talent, creativity, and hard work achieve the best results for clients.  Formed in the spring of 1993 by law school classmates Michael Kellogg, Peter Huber, and Mark Hansen, our firm has grown over the past 30 years – with each year proving that our founding principle holds true.  Today, Kellogg Hansen has more than 90 attorneys, including 41 partners, and boasts an extensive record of success for our clients.   ..