News & Events

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. ..

February 2024 — Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. is pleased to announce that Joshua Hafenbrack and Thomas W. Traxler, Jr. have rejoined the firm as partners, and Alejandra Ávila has rejoined the firm as of counsel. Joshua Hafenbrack represents plaintiffs and defendants in complex civil litigation and antitrust cases. Before rejoining Kellogg Hansen as a partner in January 2024, Josh was Senior Litigation Counsel for the U.S. Department of Justice’s Antitrust Division. In that role, he served as a member of the litigation and trial team in the United States vs. Google search monopolization case. United States v. Google, 1:20-cv-03010 (D.D.C.). He examined and cross-examined key expert and fact witnesses and argued evidentiary and other motions. While at the DOJ, Josh also helped lead merger and conduct antitrust investigations in a variety of industries, including the sports and media industries. Before joining the DOJ’s Antitrust Division, Josh was an associate at Kellogg Hansen, where he focused on complex commercial and antitrust litigation. Josh helped build and litigate the antitrust conspiracy case against the two leading providers of auto dealer software management systems. In re Dealer Mgmt. Sys. Antitrust Litig., MDL No. 2817 (N.D. Ill). Josh clerked for the Judge M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit. He earned his J.D. from Georgetown University Law Center, where he graduated summa cum laude and was awarded the George P. Mickum III Prize for the highest first-year GPA. Before law school, Josh was a newspaper journalist, covering politics and public affairs in Florida and West Virginia. Thomas “Tommy” Traxler’s practice focuses on complex civil litigation and white-collar criminal defense. He represents plaintiffs and defendants in a broad array of subject matters, including antitrust, class action, securities, financial, and general commercial litigation. As a former federal prosecutor for nearly seven years, he brings substantial experience in leading teams in high-stakes litigation and jury trials. Before rejoining Kellogg Hansen in December 2023 as a partner, Tommy served as an Assistant United States Attorney in the National Security and International Crime Unit in the Eastern District of Virginia. In that capacity, Tommy led teams in investigating and prosecuting violations of federal criminal law, focusing primarily on national security and extraterritorial offenses. He handled cases through the life cycle of litigation, from charging through appeal and post conviction litigation. Among other responsibilities, he first-chaired jury trials, argued substantive motions in federal district court, examined witnesses in grand jury proceedings, and argued before the U.S. Court of Appeals for the Fourth Circuit. As a federal prosecutor, Tommy frequently handled high-profile, sensitive cases that received national and international attention. He was one of the lead prosecutors in charging Julian Assange, the founder and leader of WikiLeaks, for conduct related to one of the largest leaks of classified information in American history. He handled highly publicized civil-contempt proceedings related to Chelsea Manning’s refusal to testify before the grand jury. Tommy also led the team that secured the conviction of former Special Forces officer Peter Debbins for participating in a 14-year espionage conspiracy with Russian intelligence agents. Tommy likewise played a significant role on the team that brought the first-ever indictment under the federal War Crimes Act against four Russian-affiliated soldiers for alleged war crimes committed against a U.S. national in Ukraine. Before becoming a federal prosecutor, Tommy was an associate at Kellogg Hansen, where his practice centered on complex civil litigation.  He began his career as a law clerk to the Honorable Diane S. Sykes on the U.S. Court of Appeals for the Seventh Circuit and the Honorable Henry F. Floyd on the U.S. Court of Appeals for the Fourth Circuit and the U.S. District Court for the District of South Carolina.  Tommy graduated first in his class from the University of South Carolina School of Law, where he served as Editor in Chief of the South Carolina Law Review. Alejandra Ávila represents both plaintiffs and defendants in complex civil litigation at the trial and appellate levels.  Her practice includes presenting oral arguments in federal and state courts, drafting merits and amicus briefs, and representing clients in depositions, discovery, trial, and administrative proceedings. Alejandra also maintains an active pro bono practice at the firm, and has provided pro bono representation to indigent criminal defendants, individuals facing eviction, asylum seekers, and domestic abuse survivors. Alejandra rejoined the firm as of counsel in January 2024 following her clerkship with Justice Sonia Sotomayor on the United States Supreme Court.  Previously, Alejandra 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.  She is a member of the Edward Coke Appellate Inn of Court, and was presented with the Rising Star Award by the Hispanic Bar Association of the District of Columbia in 2021. 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 42 partners, and boasts an extensive record of success for our clients.  ..

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. ..

December 2, 2023  — New York City-based non-profit Safe Passage Project recently highlighted Kellogg Hansen for a notable pro bono case. The Kellogg Hansen team, led by Ariela Migdal, represented four siblings who fled Honduras in the face of rampant gang violence and discrimination. The team advocated for the children in family court and immigration proceedings, obtaining Special Immigrant Juvenile Status for the four children. The team subsequently succeeded in closing or dismissing the deportation cases against each of them. The two brothers just graduated from high school and the oldest sister is currently a high school senior. The youngest sister is seven years old and attends school in the Bronx, where the family lives. The clients and their mother are grateful to the firm for supporting their cases pro bono. Katherine Tondrowski conducted extensive work on these cases in collaboration with Ariela, both in her capacity as an LAA and while in law school. After Katherine’s transition to an associate position, Taylor Phillips conducted additional work on these cases. ..

August 14, 2023  — Kellogg Hansen partner Bradley Oppenheimer was recently published in LexisNexis. His practice note, “Defending Parallel Proceedings: Best Practices” delves into the complexities of defending parallel proceedings, which involve multiple investigations or legal actions stemming from the same events but initiated by different authorities or parties, such as government regulators and private plaintiffs. These parallel cases can overlap and influence each other, requiring consistent legal positions across cases to protect clients\' interests. Failing to integrate defenses can lead to credibility loss, discovery issues, estoppel problems, or even charges of perjury or obstruction. Handling such cases involves both legal and managerial considerations. Clients must weigh the trade-offs in their strategic decisions and work with counsel to develop legal theories robust enough to withstand all cases. The note provides detailed insights into the intricate challenges of navigating parallel proceedings, highlighting the importance of strategic decision-making, coordination, and a comprehensive understanding of various legal and managerial aspects to best serve clients\' interests. Read the full article here. Should you be blocked by the paywall, please access the article here. ..

May 12, 2023 – Artificial intelligence is at the forefront of everyone\'s thoughts: how to harness its potential, where to apply it, and what practices yield the best results. Attorneys Thomas Schultz and Eden Bernstein recently published an article in Law360 proposing suggestions for those queries. Law firms should embrace artificial intelligence (AI) technology where appropriate and set clear rules on its use for legal work. Attorneys should be educated about the benefits and limits of AI, trained to use the tools safely and effectively, and encouraged to integrate them into their daily tasks. The article also discusses how modern AI tools have evolved in legal work, with the ability to communicate in plain English, supercharging research capabilities and drafting legal documents. Read the full article here. Should you be blocked by the paywall, please access the article here. ..

May 1, 2023 — Twenty-seven Kellogg Hansen attorneys qualified for recognition on the 2022 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel.  Nineteen 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 2022 honorees can be found here. Kellogg Hansen 2022 Capital Pro Bono Honor Roll Scott K. Attaway* Daniel G. Bird* L. Vivian Dong Daniel V. Dorris Matthew N. Drecun Ryan M. Folio David C. Frederick* D. Chanslor Gallenstein* Dustin G. Graber Kimberly V. Hamlett* Minsuk Han* Ashle Holman* Geoffrey M. Klineberg* Jonathan I. Liebman Eric J. Maier* Samuel A. Martin* Ariela M. Migdal Bradley E. Oppenheimer* Gregory G. Rapawy* Catherine M. Redlingshafer Derek C. Reinbold* Caroline A. Schechinger* Daniel S. Severson* Andrew C. Shen* Julius P. Taranto* Alex P. Treiger* Matthew J. Wilkins*  * denotes High Honor Roll ..