Law360 Recognizes Kellogg Hansen for Fourth Circuit Victory in Opioid Appeal

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..

November 17, 2025 — Kellogg Hansen of counsel Alejandra Ávila was honored as a finalist for Young Lawyer of the Year (Litigation) at the 2025 American Lawyer Industry Awards. The awards recognize lawyers and firms making exceptional contributions to the legal profession through innovation, leadership, and outstanding results. The Young Lawyer of the Year (Litigation) category honors rising attorneys who have demonstrated remarkable skill and impact in high-stakes litigation early in their careers. Alejandra’s selection reflects her outstanding advocacy and her growing influence in complex civil and appellate litigation. She represents both plaintiffs and defendants across a range of industries and has played key roles in cases involving antitrust, commercial disputes, and appellate matters. Alejandra rejoined Kellogg Hansen in 2024 following her clerkship at the U.S. Supreme Court. She previously clerked for judges on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Southern District of Texas, and she maintains an active pro bono practice. More information about The American Lawyer Industry Awards and the full list of finalists can be found here...

November 13, 2025 — The American Antitrust Institute (AAI) has recognized the Innovative Health, LLC v. Biosense Webster, Inc. litigation team with the Outstanding Antitrust Litigation Achievement in Private Law Practice award. This award celebrates exceptional contributions to advancing the enforcement of antitrust laws and promoting competition. Kellogg Hansen served as lead trial counsel, alongside Berger Montague, Jeffrey L. Berhold PC, and Theodora Oringher PC. The case alleged that Biosense Webster, Inc. engaged in a tying arrangement and other exclusionary conduct that foreclosed competition from reprocessors of cardiac catheters. The litigation addressed monopolistic behavior in the aftermarket for reprocessed medical devices—an area rarely litigated all the way to trial under Section 2 of the Sherman Act. The case was initially dismissed on summary judgment.  After the Ninth Circuit reversed, the team guided the case through post-remand discovery and trial, ultimately securing a successful jury verdict and $442 million in treble damages, as well as injunctive relief. This outcome represents one of the few successful aftermarket tying verdicts in recent decades and carries significant implications for healthcare competition—reinforcing consumer choice, reducing medical costs, and contributing to the evolving jurisprudence on monopolization and tying in the medical device industry. In addition, Kelley C. Schiffman was honored by AAI for Outstanding Antitrust Litigation Achievement by a Young Lawyer for her contributions to this case. The Kellogg Hansen team included Derek T. Ho, Andrew E. Goldsmith, Kelley C. Schiffman, Rachel Anderson DeLisle, Annamaria M. Morales-Kimball, Matthew D. Reade, and Sean P. Quirk. More information about the AAI Antitrust Enforcement Awards can be found here...

August 12, 2025 — Kellogg, Hansen, Todd, Figel & Frederick is proud to announce that partner Bradley E. Oppenheimer has been named to Bloomberg Law’s “They’ve Got Next: The 40 Under 40” list for 2025. This annual recognition honors 40 exceptional young attorneys nationwide who have demonstrated extraordinary skill, leadership, and impact in their fields. Brad has led clients to significant victories in high-profile, high-stakes matters, including Securities and Exchange Commission v. Ripple Labs Inc. (S.D.N.Y.),  In re American Realty Capital Properties (S.D.N.Y.), In re American Realty Capital Properties (S.D.N.Y.), Harvey W. Hottel, Inc. v. Windmuller Lucinde, LLC (D.C. Super.), United States ex rel. Ruckh v. CMC II, LLC (M.D. Fla., 11th Cir.)  and others. In Bloomberg Law’s profile, Brad reflects on the importance of understanding clients’ goals and the “tremendous power that lawyers have to make a difference” for their clients. Read the full profile. About Bradley E. Oppenheimer 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. About Kellogg, Hansen, Todd, Figel & Frederick, PLLC 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 31 years–with each year proving that our founding principle holds true. Today, Kellogg Hansen has more than 100 attorneys, and boasts an extensive record of success for clients...

July 18, 2025 — Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. announces the publication of Multidistrict Litigation, a new legal treatise authored by partner Alex A. Parkinson and published by PLI Press. This authoritative volume explores the federal multidistrict litigation (MDL) process in depth, providing attorneys, plaintiffs, and defendants with a clear and practical guide to one of the most significant procedural mechanisms in the federal courts. The analysis draws on Alex’s extensive experience as a trial lawyer in complex commercial litigation, combined with detailed and comprehensive legal research. The treatise and more details can be found here. For more information about Alex Parkinson and his practice, visit his attorney biography. Note: the views expressed in the treatise are of the author, and not of Kellogg Hansen...

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..