Kellogg Hansen Attorneys Named to the 2024 Capital Pro Bono Honor Roll

July 10, 2025 — Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. congratulates Alejandra Ávila, who has been selected to serve on the Executive Committee of the Edward Coke Appellate Inn of Court as Membership Co-Chair for the 2025-2026 term. The Edward Coke Appellate Inn of Court is the first American Inn of Court devoted exclusively to appellate practice. As Membership Co-Chair, Alejandra will lead its outreach and engagement efforts, supporting the Inn’s mission to strengthen the appellate bar and legal community in Washington, D.C. Alejandra’s appointment reflects her commitment to excellence in appellate advocacy and her leadership in the legal profession. At Kellogg Hansen, Alejandra maintains a diverse litigation practice, with experience in trial and appellate courts across the country.  She represents both plaintiffs and defendants in complex civil litigation.  Alejandra clerked at all levels of the federal judiciary—at the U.S. District Court for the Southern District of Texas, the U.S. Court of Appeals for the Ninth Circuit, and the United States Supreme Court. For more information about the Edward Coke Appellate Inn of Court, visit: www.edwardcokeinn.org..

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...

June 13, 2025 — In his article \"Attorney-Client Privilege Versus the Right to Put On a Defense,\"  Bradley E. Oppenheimer, a partner at Kellogg Hansen, explores a critical legal tension: when a criminal defendant’s constitutional right to present a defense conflicts with a third party’s attorney-client privilege. The issue often arises in white-collar cases where corporate employees seek to raise an \"advice of counsel\" defense. However, since the corporation—not the individual—holds the privilege, it can block access to key legal communications. Brad examines current legal approaches and proposes a novel solution: using Federal Rule of Evidence 502(d) to allow limited disclosure of privileged communications without full waiver, preserving fairness for defendants while respecting corporate privilege. Read the full article on Westlaw, Lexis, or in the Document Library. Bradley E. Oppenheimer represents clients in high-stakes litigation and investigations, focusing on securities, FinTech and cryptocurrency litigation, False Claims Act proceedings, consumer protection, and complex commercial disputes.  He holds a track record of successful outcomes for both plaintiffs and defendants. Bradley Oppenheimer, Attorney-Client Privilege Versus the Right to Put On A Defense, 38 Geo. J. Legal Ethics 1 (2025)...

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. 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. 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. 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. This case has been highlighted in David Lat’s Original Jurisdiction and Law360 Legal Lions. Innovative Health LLC was represented by Derek T. Ho, Andrew E. Goldsmith, Rachel T. Anderson, Annamarie M. Morales-Kimball, Sean P. Quirk, Matthew D. Reade, and Kelley C. Schiffman of Kellogg Hansen Todd Figel & Frederick PLLC; 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. Innovative Health LLC v. Biosense Webster Inc., No. 8:19-cv-02148 (C.D. Cal.)..

May 7, 2025— Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. is proud to announce that of counsel Collin R. White has contributed to the newly released 2024 Annual Review of Antitrust Law Developments, published by the American Bar Association Antitrust Law Section. This publication offers in-depth summaries of key developments from 2024 across the courts, regulatory agencies, and Congress. Collin White litigates high-stakes cases in trial and appellate courts across the country.  Since he joined the firm in 2015, he has represented clients from a wide range of industries in cases about antitrust, intellectual property, securities, telecommunications, and administrative and constitutional law.  He also advises clients on antitrust and regulatory matters. The 2024 Review is available here...