Kellogg K. Michael

Michael K. Kellogg

Education

  • Harvard Law School, J.D., magna cum laude, 1982
    • Editor, Harvard Law Review, 1982-1983
  • Oxford University, St. Catherine’s College, B.Phil., 1979
  • Stanford University, A.B., 1976

Clerkships

  • Law Clerk, Justice William H. Rehnquist, U.S. Supreme Court, 1983-1984
  • Law Clerk, Judge Malcolm Wilkey, U.S. Court of Appeals, District of Columbia Circuit, 1982-1983

Government Service

  • Assistant to the Solicitor General, U.S. Department of Justice, 1987-1989
  • Assistant U.S. Attorney, U.S. Department of Justice, Criminal Division, Southern District of New York, 1984-1986

Admitted

  • 1983, District of Columbia
  • 1987, U.S. Supreme Court

Michael Kellogg is a founding partner and the managing partner of the firm.  A respected appellate advocate, he is particularly noted for his handling of appeals concerning technology and media.  His current practice also concerns regulatory and antitrust issues. 

Michael has briefed and argued numerous cases before the United States Supreme Court.  In addition to his legal work, he has authored six books on the history of thought

Michael received degrees from Stanford University and Oxford University in philosophy before graduating magna cum laude from the Harvard Law School.  After clerking on the United States Court of Appeals for the District of Columbia Circuit for Judge Malcolm Wilkey and then on the United States Supreme Court for Chief Justice Rehnquist, he served as Assistant United States Attorney for the Southern District of New York and in the Solicitor General’s office.  

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Representative Experience

  • American Express Co., et al. v. Italian Colors Restaurant, et al., 570 U.S. 228 (2013), argued successfully for the petitioners that the Federal Arbitration Act does not permit courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.
  • Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), argued successfully for the petitioners, establishing that parallel conduct, absent plausible evidence of agreement, is insufficient to state a claim under § 1 of the Sherman Act.
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Other Practice

  • Partner, Mayer, Brown & Platt, Washington, D.C., 1989-1993

Books and Other Publications

  • The Wisdom of the Romantics (Prometheus, forthcoming)
  • The Wisdom of the Enlightenment (Prometheus, 2022)
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