Kellogg Hansen Leads $147.4 Million Antitrust Trial Victory for Innovative Health

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 19, 2025— Twenty-three Kellogg Hansen attorneys qualified for recognition on the 2024 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel. The District of Columbia Courts have recognized attorneys through the Capital Pro Bono Honor Roll since 2011. In 2024, 5,400 attorneys registered for the Honor Roll, with 3,033 (56%) providing 100 or more hours of pro bono service, thus qualifying for the High Honor Roll. Seventeen Kellogg Hansen attorneys qualified for the High Honor Roll. Across all practice groups, individuals provided at least 421,650 hours of pro bono service. The 2024 Honor Roll members hail from more than 150 law firms, solo practices, federal and local government agencies, corporations, associations, and public interest organizations. Anna Blackburne-Rigsby, Chief Judge of the District of Columbia Court of Appeals and Milton C. Lee, Jr., Chief Judge of the Superior Court of the District of Columbia stated: “We applaud you for answering – and in many cases exceeding – the call to service embodied by D.C. Rule of Professional Conduct 6.1 to perform at least 50 hours of pro bono service annually. We know that your actions stem not only from a commitment to your ethical obligations, but also from your principled beliefs in equal access to justice. We are pleased to recognize you on the 2024 Capital Pro Bono Honor Roll.” The Kellogg Hansen attorneys on the list include: Scott K. Attaway *  Alejandra Ávila Justin B. Berg * Geoffrey J.H. Block * Mary Charlotte Y. Carroll * Abigail E. DeHart * Chanslor Gallenstein * Jordan R.G. González * Sven (Trip) E. Henningson Mark P. Hirschboeck * Geoffrey M. Klineberg * Annamaria M. Morales-Kimball Ana N. Paul Matthew D. Reade * Derek C. Reinbold * Thomas B. Samuels * Caroline A. Schechinger * Andrew P. Skaras Lillian V. Smith * Katherine V. Tondrowski * Alex P. Treiger * Matthew J. Wilkins Daren G. Zhang * *denotes High Honor Roll..

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...