News & Events

The recent ruling by Judge James Boasberg, which found that the FTC failed to demonstrate that Meta illegally monopolized the personal social networking market, marks a landmark moment in modern antitrust litigation. In a recent interview with Global Competition Review, Kellogg Hansen partner Aaron Panner shared his reflections on the five-year journey as outside counsel for Meta. The victory, he notes, was not just a win for the company, but a testament to the evolving nature of Section 2 cases. A Team Effort Under Pressure: Panner emphasized that the \"gratifying\" result was the product of a massive collaborative effort. Led by Mark Hansen, the legal team worked hand-in-hand with Meta’s in-house counsel and executives. This synergy allowed the team to develop the complex facts necessary to navigate a trial of this magnitude. The Weight of Data: Why Meta Won: What resonated most with the court? According to Panner, it came down to \"quantitative evidence of substitution.\" Natural Experiments: Data from events like the TikTok outage provided a real-world look at how users shift their time between apps. Empirical Analysis: Controlled experiments (such as those by Professor List) offered the court concrete proof of a competitive market. Competitive Reality: Documents and testimony showed that Meta’s investment decisions were driven by the need to respond to intense pressure from rivals. The Human Element of the Trial: Beyond the data, Panner highlighted the importance of executive testimony. Working with Meta’s top executives allowed the legal team to translate a \"very complicated\" business into an educational experience for the court. And cross-examination of competitors revealed the \"intense competition\" Meta faces—facts that were ultimately reflected in the competitors\' own internal documents. The Future of Section 2 Cases: The implications of this ruling extend far beyond Meta. Panner predicts that Judge Boasberg’s focus on market definition and empirical evidence will influence how antitrust lawyers develop and try cases for years to come. In an era of \"big tech\" scrutiny, this case reinforces that at the end of the day, hard data and a clear narrative of competitive response remain the strongest defense. Read the full article here (paywall) Read more about Federal Trade Commission v. Meta Platforms, Inc. Case 1:20-cv-03590-JEB here..

January 1, 2026 — Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. is pleased to announce that Alejandra Ávila, Travis G. Edwards, Derek Reinbold, and Catherine M. Redlingshafer have been promoted as partners in the firm. Alejandra Ávila represents both plaintiffs and defendants in complex civil litigation at the trial and appellate levels.  She has experience managing all phases of litigation, including conducting pre-suit investigations, drafting pleadings and motions, managing discovery, taking and defending fact and expert depositions, trial preparation, and appeals.   Alejandra’s diverse practice includes antitrust litigation, cross-border disputes, complex commercial cases, and appeals involving constitutional questions of first impression. She also maintains an active pro bono practice and has provided pro bono representation to indigent criminal defendants, individuals facing eviction, asylum seekers, domestic abuse survivors, and non-profit organizations. Alejandra rejoined the firm as of counsel in 2024 following her clerkship with Justice Sonia Sotomayor on the United States Supreme Court. Previously, she was an associate at Kellogg Hansen, where her practice focused on appellate and complex commercial litigation. Before joining the firm, Alejandra was a civil rights attorney at the Mexican American Legal Defense and Educational Fund. In that role, she successfully represented individuals and organizations in a variety of civil rights cases and litigated issues of first impression in a wide range of matters, including voting rights and education law. Alejandra began her career as a law clerk to the Honorable Chief Judge Mary H. Murguia of the U.S. Court of Appeals for the Ninth Circuit and the Honorable Micaela Alvarez of the U.S. District Court for the Southern District of Texas. Alejandra serves on the Executive Board of the Edward Coke Appellate Inn of Court. She was selected as a 2025 finalist for Young Lawyer of the Year in Litigation by the American Law Journal, and she was presented with the Rising Star Award by the Hispanic Bar Association of the District of Columbia in 2021. Travis G. Edwards litigates high-stakes commercial disputes for plaintiffs and defendants in U.S. courts and international arbitral forums. A native Spanish speaker, Travis regularly counsels multinational businesses navigating international regulatory regimes. Travis represents clients in cross-border and domestic litigation with a practice that includes coordinating multi-jurisdictional strategy and litigating complex commercial and financial disputes, including matters involving international trade and litigation finance. He also advises clients in large-scale antitrust matters, including representing opt-out plaintiffs and commercial purchasers in nationwide price-fixing and bid-rigging cases. In these matters, Travis helps clients pursue damages and equitable relief while managing significant operational, commercial, and reputational risk. Travis joined Kellogg Hansen as an associate in 2019.  He graduated magna cum laude from Harvard Law School and served as a law clerk to the Honorable Diana Gribbon Motz on the U.S. Court of Appeals for the Fourth Circuit in Baltimore.  While at Harvard, Travis served on the Board of Student Advisers, as a Senior Article Editor & Policy Editor for the Harvard Law & Policy Review, and as a contributor to the Global Anticorruption Blog.  He earned his undergraduate degree in urban studies at Vassar College, graduating with General Honors. Derek Reinbold represents plaintiffs and defendants in civil litigation at the trial and appellate levels.  He litigates cases involving complex issues of personal jurisdiction, preemption, class certification, and other matters. Derek joined Kellogg Hansen as an associate in 2019.  Before joining the firm, he served as a law clerk to the Honorable Sandra L. Lynch on the U.S. Court of Appeals for the First Circuit.  He graduated cum laude from Harvard Law School, where he was a finalist in the Ames Moot Court Competition.  He earned his undergraduate degree in art history, international studies, and political science from Case Western Reserve University, graduating summa cum laude. Cassie Redlingshafer represents both plaintiffs and defendants in complex civil litigation at the trial and appellate levels.  She has experience litigating in federal and state courts across the country, as well as in international arbitration, in a variety of fields including antitrust, intellectual property, and contract disputes. Cassie joined Kellogg Hansen as an associate in 2019.  Prior to joining the firm, she served as a law clerk to the Honorable Charles R. Wilson on the U.S. Court of Appeals for the Eleventh Circuit.  Cassie graduated magna cum laude from Notre Dame Law School, where she was Executive Online Editor for the Notre Dame Law Review.  She earned her undergraduate degree in political science and strategic communications from the University of Denver, graduating magna cum laude...

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...

November 6, 2025 — Kellogg Hansen was featured in Law360\'s Legal Lions after the Fourth Circuit ruled for its clients, Cabell County and the City of Huntington, West Virginia, in their appeal following a bellwether trial in the national opioid multidistrict litigation. The Court of Appeals vacated a district court’s judgment for drug distributors AmerisourceBergen Drug Corp., Cardinal Health, Inc., and McKesson Corp. In a published opinion, a three-judge panel held that the conditions caused by overdistribution of opioids may constitute a public nuisance under West Virginia law. The panel also held that the district court misconstrued drug distributors’ obligations under the Controlled Substances Act, which requires them to maintain a system for identifying suspicious opioid orders and reporting those orders to the Drug Enforcement Administration. Cabell County and the City of Huntington, West Virginia, are represented by David C. Frederick, Lillian V. Smith, Ariela M. Migdal, and Matthew N. Drecun of Kellogg Hansen. Huntington is also represented by Louis M. Bograd and Michael J. Quirk of Motley Rice, and Cabell County by Anthony J. Majestro and Christina L. Smith of Powell & Majestro. Read the full story 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..

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.    ..