News & Events

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.    ..

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. After a two-week trial, 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. The jury awarded damages of $147,406,481, which the court trebled to $442,219,443 under federal and state antitrust statutes. 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. 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. This case has been highlighted in David Lat’s Original Jurisdiction and Law360 Legal Lions. Innovative Health LLC v. Biosense Webster Inc., No. 8:19-cv-02148 (C.D. Cal.)..