News & Events

News & Events
June 13, 2025

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)...

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May 29, 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. 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. 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. 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. This case has been highlighted in David Lat’s Original Jurisdiction and Law360 Legal Lions. Innovative Health LLC was represented by Derek T. Ho, Andrew E. Goldsmith, Rachel T. Anderson, Annamarie M. Morales-Kimball, Sean P. Quirk, Matthew D. Reade, and Kelley C. Schiffman of Kellogg Hansen Todd Figel & Frederick PLLC; 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. Innovative Health LLC v. Biosense Webster Inc., No. 8:19-cv-02148 (C.D. Cal.)..

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May 19, 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..

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May 07, 2025

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...

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January 02, 2025

January 1, 2025 — Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. is pleased to announce that Christopher C. Goodnow, Bethan R. Jones, Robert C. Klipper, Alex A. Parkinson, and Ana Nikolic Paul have been promoted as partners in the firm. Christopher C. Goodnow represents plaintiffs and defendants in civil litigation at the trial and appellate levels and in arbitration proceedings.  His prior representations include private antitrust enforcement, complex commercial disputes, and civil fraud defense. Chris joined Kellogg Hansen in 2019 and returned to the firm in 2022 after clerking for Justice Clarence Thomas on the United States Supreme Court.  Before joining the firm, he clerked for the Honorable Diane S. Sykes on the U.S. Court of Appeals for the Seventh Circuit and the Honorable Gregory G. Katsas on the U.S. Court of Appeals for the D.C. Circuit.  He received his law degree from Harvard Law School and undergraduate degree from Princeton University. Bethan R. Jones represents clients in complex commercial litigation and has particular experience in antitrust, telecommunications, securities, insurance, and False Claims Act cases. Bethan joined Kellogg Hansen as an associate in 2018.  Prior to joining Kellogg Hansen, she served as a law clerk to the Honorable Anthony J. Scirica on the United States Court of Appeals for the Third Circuit.  Bethan graduated from the University of Pennsylvania Law School, summa cum laude, where she was a Senior Editor of the University of Pennsylvania Law Review and a Littleton Fellow. Robert C. Klipper represents plaintiffs and defendants in complex civil litigation at the trial and appellate levels and in arbitration proceedings.  He also represents clients in criminal and civil regulatory investigations. Robert joined Kellogg Hansen as an associate in 2017.  Prior to joining the firm, Robert served as a law clerk to Judge Pamela Harris on the U.S. Court of Appeals for the Fourth Circuit.  He graduated from Yale Law School, where he was an Editor of The Yale Law Journal.  He earned his undergraduate degree from Yale University, graduating magna cum laude.  Before law school, Robert worked as an analyst at a major hedge fund. Alex A. Parkinson represents both plaintiffs and defendants in complex civil litigation, focusing on antitrust, commercial litigation, and telecommunications matters across high-tech industries. Alex joined Kellogg Hansen as an associate in 2017, following a clerkship with Judge Robert D. Sack on the Court of Appeals, Second Circuit.  He then returned to the firm as an associate in 2019, following a clerkship with Chief Judge Merrick B. Garland, U.S. Court of Appeals, District of Columbia Circuit.  Alex graduated with High Honors from the University of Chicago Law School, where he was the first student in decades to both serve as Editor-in-Chief of the Law Review and win the Moot Court championship.  He earned his undergraduate degree from Harvard University.  Ana Nikolic Paul represents plaintiffs and defendants in complex civil litigation at the trial and appellate levels.  She has particular experience litigating antitrust, commercial, intellectual property, and telecommunications matters.  Ana joined Kellogg Hansen as an associate in 2018.  Prior to joining the firm, she served as a law clerk to the Honorable Kenneth M. Karas on the U.S. District Court for the Southern District of New York and to the Honorable Jay S. Bybee on the U.S. Court of Appeals for the Ninth Circuit.  Ana graduated magna cum laude from Harvard Law School, where she was Executive Editor for the Harvard Business Law Review and Supervising Editor for the Harvard Journal on Legislation.  She earned her undergraduate degree in international studies and economics from Emory University, graduating magna cum laude. 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 46 partners, and boasts an extensive record of success for our clients.   ..

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November 07, 2024

November 7, 2024– Kellogg Hansen partner Minsuk Han has been selected by the National Asian Pacific American Bar Association (NAPABA) as a recipient of the Best Under 40 Award. NAPABA’s Best Under 40 Award recognizes talented individuals within the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) legal community under the age of 40 who have achieved prominence and distinction in their fields of endeavor, including the practice of law, and who have demonstrated a strong commitment to AANHPI civic or community affairs. Mr. Han, together with other recipients of NAPABA Awards, will be celebrated at the 36th Anniversary Gala on November 9, 2024 in Seattle, Washington.  For the full list of this year’s NAPABA Awardees, visit NAPABA’s website. 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, and antitrust and intellectual property law matters.  Mr. Han has served as president of the Asian Pacific American Bar Association of the Greater Washington, D.C. Area and currently serves on the D.C. Bar Rules of Professional Conduct Review Committee.  He also teaches at the George Washington University Law School as professorial lecturer in law. ..

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November 01, 2024

November 1, 2024–  Kellogg Hansen has been recognized in The National Law Journal Legal Awards 2024. Derek T. Ho has been named a finalist for Winning Litigators, and Bradley E. Oppenheimer has been honored as a Rising Star. The Winning Litigators awards recognize those who have at least one significant win in a jury or bench trial in 2023. Significant wins include prevailing when substantial damages were at stake, setting a legal precedent or overcoming an unfriendly jurisdiction. The Rising Stars awards recognize the Washington, D.C., region’s 40 most promising lawyers aged 40 and under. These individuals are innovators who develop unique practice niches, secure wins for clients, cultivate robust books of business, and demonstrate strong leadership qualities. Derek T. Ho litigates high-stakes commercial cases, securing billions for clients through trials and settlements. As an experienced trial and appellate lawyer, he handles all phases of litigation. He has particular experience in antitrust and complex litigation (class actions and MDLs). His cases have established important legal precedents in those fields, including his work on Petersen Energía Inversora v. Argentine Republic, No. 15-cv-2739 (S.D.N.Y.); Eton Park Capital Management, L.P. v. Argentine Republic, No. 16-cv-8569 (S.D.N.Y.). Bradley E. Oppenheimer represents clients in high-stakes litigation and investigations, focusing on securities, FinTech, False Claims Act, consumer protection, and complex commercial proceedings. Congratulations to all the finalists and winners. See the full list here. ..

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September 19, 2024

September 19, 2024– Kellogg Hansen was honored as the Pro Bono Law Firm Partner of the Year by Bazelon Center for Mental Health Law at the 2024 Annual Awards Reception on Tuesday, September 17, 2024, in Washington, DC.  Hosted annually, Bazelon Center’s Awards Reception recognizes and celebrates leaders in law, disability rights, social justice, mental health, and entertainment. Kellogg Hansen was recognized in particular for its work on two amicus briefs. Bazelon Center was joined by the American Psychiatric Association and other mental health organizations in a brief filed in the Supreme Court in support of respondents in City of Grants Pass v. Johnson. The brief was principally authored by Annamaria M. Morales-Kimball, Geoffrey J.H. Block, and Kyle C. Bailey.  Bazelon Center was joined by the American Academy of Pediatrics and several other medical and advocacy organizations in a brief filed in the Eleventh Circuit Court of Appeals in support of affirmance in United States v. Florida.  The brief was principally authored by Rachel T. Anderson, Tiberius T. Davis, and Nataliia Gillespie. Aaron Panner supervised both projects.  Kellogg Hansen has worked with Bazelon Center for many years and has been proud to support its mission of promoting the civil rights and full inclusion of people with mental disabilities. ..

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August 12, 2024

August 12, 2024–  On Monday, August 5, 2024, the U.S. Court of Appeals for the Fourth Circuit delivered a significant victory for Kellogg Hansen client NTE in its antitrust monopolization case against Duke Energy.  The Fourth Circuit’s ruling creates an important precedent on multiple important principles of U.S. antitrust law. NTE’s mission has been to provide cleaner, lower-cost electricity to wholesale customers in the Carolinas, where Duke Energy has been the incumbent monopolist for years. Duke Energy admittedly could not compete with NTE on price or efficiency, so, as NTE’s lawsuit highlighted, Duke undertook multiple strategies to stifle competition from NTE.  Among other things, Duke Energy terminated NTE\'s interconnection agreement under false pretenses and in violation of FERC regulations; and it offered a renewal contract to an existing customer, Fayetteville, with a complex discounted pricing structure that was designed to prevent NTE from competing. The District Court had initially granted summary judgment to Duke Energy.  It analyzed each aspect of Duke’s multi-pronged strategy separately, and asserting that each separate component did not independently constitute an antitrust violation. The Court of Appeals also reaffirmed an important principle of judicial recusal:  once a judge is recused, that judge is recused from the case permanently.  The Fourth Circuit rejected this reasoning and sided with NTE Energy. NTE Energy is represented by Derek Ho, Caroline Schechinger, Matthew Wilkins, and Jonathan Liebman of Kellogg Hansen. Read the full article here: Law360\'s Legal Lions Of The Week - Law360 ..

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June 12, 2024

June 12, 2024 – Kellogg Hansen partner John Thorne and associate Derek Reinbold recently authored the U.S. chapter for Global Competition Review’s inaugural Data & Antitrust Guide. The chapter details how U.S. antitrust enforcers and courts view uses and abuses of data. It begins by discussing data’s role in monopolization cases such as the high-profile actions against Google, Facebook, and Amazon. It next addresses how enforcers treat mergers in which the merging parties maintain competitively valuable – or competitively sensitive – data. It then turns to issues of collusion, particularly how enforcers view new technologies such as artificial intelligence in cases involving information exchanges or alleged price-fixing. The chapter concludes with a discussion of how data privacy has emerged as a new metric of market power, an element of competitive harm, and potential procompetitive justification for otherwise anticompetitive conduct. Read the full article here: United States: High-profile cases shed light on antitrust enforcement against data abuse - Global Competition Review ..

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May 23, 2024

May 23,  2024— Kellogg Hansen partner Derek Ho will present at The 2024 Global Class Actions and Mass Torts Perfect Law Conference on Thursday, May 23, 2024. This two-day conference, held in London, is a prestigious international event that focuses on the concept of collective redress, which refers to legal mechanisms that allow a large group of individuals who have suffered similar harm or injury to pursue their claims together as a single entity. Derek will speak on a panel titled, “Models of Damages Assessment,” with other industry leaders from across the globe. See the full line up of speakers here and the full agenda here. ..

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