Kellogg K. Michael

Michael K. Kellogg


  • 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


  • 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


  • 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.  

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.
  • Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), argued successfully for the petitioner, Lexecon, establishing that federal district courts conducting “pretrial proceedings” for multi-district litigation under 28 U.S.C. § 1407(a) must remand the case for trial.
  • In re Magnesium Corporation of America682 F. App’x 24 (2d Cir. 2017), argued successfully for the respondent, Lee E. Buchwald, as Trustee for the Renco bankruptcy estate, to affirm the approximately $213 million verdict against the Renco Group and Ira Rennert.
  • In re National Security Agency Telecommunications Records Litigation, 671 F.3d 881 (9th Cir. 2011), argued successfully, representing AT&T and other telephone companies in conjunction with alleged assistance to NSA’s alleged warrantless wiretapping scandal.

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)
  • The Wisdom of the Renaissance (Prometheus, 2019)
  • The Wisdom of the Middle Ages (Prometheus, 2016)
  • The Roman Search for Wisdom (Prometheus, 2014)
  • The Greek Search for Wisdom (Prometheus, 2012)
  • Three Questions We Never Stop Asking (Prometheus, 2010)
  • Federal Telecommunications Law, Second Edition (with P. Huber and J. Thorne) (Aspen, 1999)
  • Special Report:  The Telecommunications Act of 1996 (with P. Huber and J. Thorne) (Little Brown, 1996)
  • Federal Broadband Law (with P. Huber and J. Thorne) (Little Brown, 1995)
  • Federal Telecommunications Law (with P. Huber and J. Thorne) (Little Brown, 1992)
  • The Geodesic Network II:  1993 Report on Competition in the Telephone Industry (with P. Huber and J. Thorne) (Geodesic Publishing Co., 1992)
  • Numerous articles have appeared in scholarly journals (The Harvard Law Review), magazines (The Hudson Review, Commonweal), and newspapers