Kellogg Hansen Welcomes New Partners and Of Counsel

May 1, 2024 — Twenty-three Kellogg Hansen attorneys qualified for recognition on the 2023 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel.  Twelve Kellogg Hansen attorneys also qualified for the High Honor Roll for providing one hundred hours or more of pro bono service.  The District of Columbia Courts have recognized attorneys through the Capital Pro Bono Honor Roll since 2011.  The complete list of 2023 Honor Roll members hail from 166 firms, solo practices, federal and local government agencies, corporations, associations, and public interest organizations, accounting for least 392,750 hours of pro bono service across all types of practice. It can be found here. Chief Judge Anna Blackburne-Rigsby of the District of Columbia Court of Appeals and Chief Judge Anita Josey-Herring of the Superior Court of the District of Columbia stated: “Thank you for answering – and in many cases exceeding – the call to service embodied by Rule 6.1. We know that your actions stem not only from a commitment to your ethical obligations, but also from your principled belief in equal access to justice. We are pleased to recognize your dedication by including your name on this year’s Capital Pro Bono Honor Roll.”  Kellogg Hansen 2023 Capital Pro Bono Honor Roll Rachel T. Anderson* Scott K. Attaway* Justin B. Berg* Geoffrey Block* Mary Charlotte Y. Carroll* Tiberius T. Davis Abigail E. DeHart* Hannah D.C. DePalo D. Chanslor Gallenstein Nataliia Gillespie Jordan R. Gonzalez Minsuk Han* Mark P. Hirschboek Derek T. Ho* Geoffrey M. Klineberg* Ariela M. Migdal Matthew D. Reade* Catherine M. Redlingshafer Derek C. Reinbold* Caroline A. Schechinger Andrew Skaras Alex P. Treiger* Daren G. Zhang* * denotes High Honor Roll ..

April 30, 2024 – This month, Kellogg Hansen partner Steve Benz presented at the American Bar Association’s 72nd Antitrust Spring Meeting in Washington, DC.Along with Ian Simmons, partner & co-chair of the Antitrust Practice Group at O’Melveny & Myers LLP, Tara L. Reinhart, partner at Skadden Arps Slate Meagher & Flom LLP, Sharon K. Robertson, partner at Cohen Milstein Sellers & Toll PLLC, and Kalpana Srinivasan, managing partner at Susman Godfrey LLP, the group’s gave a discussion titled, “Trying a Section 2 Case: Best Practices.”Understanding exclusionary conduct, a critical element in monopolization claims, poses conceptual challenges as the law adapts to technological advances and changes in the marketplace. A raft of enforcement, competitor, and consumer actions are pending against Amazon; Apple; Google; and Meta. These platforms are alleged to have monopolized complementary markets, often by tying the platforms to the use of their own products and services. Over the next decade, courts will continue to develop Section 2 digital platform jurisprudence. The discussion encompassed both the conceptual underpinnings of monopolization doctrine and practical strategies for developing and trying monopolization cases, highlighting the dynamic and complex nature of Sherman Act Section 2 litigation. ..

April 16, 2024 — In a case highlighted by Law360’s Petition Watch, Kellogg Hansen client Living Essentials has asked the Supreme Court to clarify what a private plaintiff must prove to win a “secondary line” price discrimination case under the Robinson-Patman Act.  At trial, Living Essentials persuaded both a jury and the court to reject claims that it had violated the Act by offering Costco lower prices to buy its popular energy shots, 5-hour ENERGY®, than it had offered to certain wholesalers.  The district court explained that the wholesalers could not show they competed with Costco for the same customers, as required by Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc., 546 U.S. 164 (2006).  But a fractured panel of the Ninth Circuit, breaking from the decisions of other courts of appeals, held Volvo inapplicable.  The petition urges the Court to grant review because the decision “invites litigation that will punish the price competition that antitrust law aims to encourage.” Living Essentials, LLC and its parent company, Innovation Ventures, LLC, are represented by Kellogg Hansen attorneys David C. Frederick, Daniel G. Bird, Collin R. White, and Kyle C. Bailey. Read more in this report by Law360. ..

January 31, 2024 — In a landmark resolution reached just before closing arguments in a jury trial in the Eastern District of Texas, Dexon Computer has dismissed antitrust allegations against Cisco Systems as part of a comprehensive settlement agreement. Dexon will also pay Cisco to resolve Cisco’s counterfeit-trafficking claims pending in the Northern District of California. Dexon, an unauthorized reseller of Cisco products, also agreed to stop selling unauthorized Cisco products, revamp its business model, and apply to join Cisco\'s authorized reseller program. These steps are intended to uphold customer confidence and ensure the delivery of trusted and verified Cisco products. Cisco sued Dexon in the Northern District of California in July 2020, alleging that Dexon trafficked in counterfeit “Cisco” equipment. Dexon brought counterclaims, including under the antitrust laws, but the court dismissed them. Dexon then brought similar antitrust claims in the Eastern District of Texas in April 2022. A jury trial in the latter case began on January 22, 2024, and the presentation of evidence concluded at the end of that week. The parties were scheduled to deliver closing arguments the following Monday, but on Saturday Dexon moved to dismiss its own claims with prejudice. Cisco Systems is represented by attorneys from Kellogg Hansen: Aaron M. Panner, Andrew E. Goldsmith, Leslie V. Pope, Alex A. Parkinson, Ryan M. Folio, Caroline A. Schechinger, Geoffrey J.H Block, D. Chanslor Gallenstein, Jonathan I. Liebman, and Hilary M. Weaver. Kellogg Hansen is grateful for the critical contributions by its co-counsel in Texas, Deron R. Dacus of The Dacus Firm PC and Jennifer H. Doan and Mariah Leigh Hornok of Haltom & Doan, and its co-counsel in both cases, Richard J. Nelson, Louis P. Feuchtbaum, Zachary Alinder, and Lyndsey Heaton of Sideman & Bancroft LLP. The overall litigation effort was led by Cisco’s in-house team, including Sarita Venkat, Karen Lu, Gil Ohana, Michael Blaisdell, and Jon Schwartz. See also: Order of Dismissal (January 29, 2024) ..

January 2024 — Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. is pleased to announce that Kevin D. Horvitz, Grace W. Knofczynski, Daniel S. Severson, and Lillian V. Smith have been promoted as partners in the firm. Kevin D. Horvitz represents clients in complex litigation at trial and appellate levels and has particular experience litigating cases involving antitrust claims, telecommunications, contract disputes, and mass torts.  He has argued on behalf of clients in federal and state courts nationwide, including in the United States Court of Appeals for the D.C. Circuit.  Before joining the firm in 2017, Kevin served as a law clerk to Judge Gerald B. Tjoflat on the U.S. Court of Appeals for the Eleventh Circuit. He graduated magna cum laude from Duke University School of Law with a J.D. and LL.M. in Law and Entrepreneurship, where he was on the Editorial Board of Duke Law Journal, and a member of the Order of the Coif. He earned his undergraduate degree in Corporate Strategy and Entrepreneurship from Vanderbilt University. Grace W. Knofczynski represents both plaintiffs and defendants in complex civil litigation at the trial and appellate levels and in administrative proceedings.  Before joining the firm in 2017, Grace served as a law clerk to Judge A. Raymond Randolph on the U.S. Court of Appeals for the D.C. Circuit.  She graduated summa cum laude from the University of Pennsylvania Law School, where she was a member of the Order of the Coif and received the Peter McCall Prize for the highest GPA for the three-year J.D. course.  She also served as an editor of the University of Pennsylvania Law Review and participated in the Supreme Court Clinic.  Grace graduated magna cum laude from the University of Tulsa with degrees in biochemistry and philosophy.  Daniel S. Severson litigates complex civil cases in state and federal trial and appellate courts throughout the country.  He has represented clients in a dozen certiorari and merits stage appeals at the U.S. Supreme Court and argued cases before two federal courts of appeals.  Daniel successfully reinstated civil rights claims as court-appointed pro bono counsel in Shaw v. Foreman, 59 F.4th 121 (4th Cir. 2023).  Before joining the firm in 2017, he served as a law clerk to Judge Allyson Kay Duncan on the U.S. Court of Appeals for the Fourth Circuit.  Daniel graduated cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard International Law Journal and received the Myer Dana and Etta Dana Scholarship and the Dwight D. Eisenhower Scholarship.  Daniel also holds a Master in Public Policy from Harvard University and was awarded Harvard University’s Presidential Public Service Fellowship for work at the U.S. Department of Defense.  He has served as a foreign affairs analyst at the U.S. Department of State and a Fulbright Scholar in Taiwan.  Daniel graduated from Bard College with degrees in political studies and French horn performance. Lillian V. Smith represents both plaintiffs and defendants in complex civil litigation and has substantial experience trying high-stakes matters for clients in both federal and state courts.  Before joining the firm in 2017, Lillian served as a law clerk to Judge Roger L. Gregory on the U.S. Court of Appeals for the Fourth Circuit.  She graduated summa cum laude from Brooklyn Law School, where she was a Carswell Merit Scholar, an Edward V. Sparer Public Interest Fellow, and Editor-in-Chief of the Brooklyn Law Review.  Lillian earned her undergraduate degree with High Distinction from the University of Virginia. 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 30 years – with each year proving that our founding principle holds true.  Today, Kellogg Hansen has more than 90 attorneys, including 41 partners, and boasts an extensive record of success for our clients.   ..

December 20, 2023 — Kellogg Hansen partner Minsuk Han was honored as the Young Lawyer of the Year at the 152nd Annual Awards Banquet and Gala of the Bar Association of the District of Columbia (BADC) on December 1, 2023. Mr. Han represents plaintiffs and defendants in trial and appellate courts and arbitration, as well as before federal agencies. He has particular experience with complex commercial disputes, securities investigations and litigation, antitrust and intellectual property law, and attorney malpractice matters. Mr. Han, who is president of the Asian Pacific American Bar Association of the Greater Washington, D.C. Area, also serves on the D.C. Bar Rules of Professional Conduct Review Committee. The BADC is DC\'s voluntary bar and seeks to promote civility, justice and collegiality among members of the legal profession in the nation\'s capital. Members of the BADC distinguish themselves by volunteering their time and talents to advance civility, justice, and the nation\'s capital community\'s access to legal services. ..