Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC at a Glance

The Buzz

  • “Appellate specialists”
  • “Super elite boutique”
  • “Big money, big hours”

About Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC

Washington, DC-based Kellogg, Huber, Hansen, Todd, Evans & Figel is a firm that thrives in the trial and appellate world, including cases that bring its attorneys to the highest court in the land.

Litigation Powerhouse

In 1993, three partners at large law firms jumped ship to form their own small firm focused on trial and appellate litigation. Since then, the firm has grown to house 70 attorneys and has strong practices in commercial litigation, Supreme Court and appellate litigation, government investigations and white collar practice, intellectual property litigation, and telecommunications practice. Kellogg Huber's attorneys are trial and appellate specialists.

The firm serves clients large and small, in practically every kind of trial court litigation (criminal and civil, contract and torts, antitrust and unfair competition, patent law, and government and corporate investigations). The firm is notable for securing huge wins for both plaintiffs and defendants. For example, it boasts both the largest and second largest antitrust judgments in U.S. history (Conwood v. U.S. Tobacco and In re Urethanes Antitrust Litigation). But, it also won huge antitrust victories for defendants and, in doing so, established a new pleading standard for federal cases (Bell Atlantic v. Twombly) and expanded the enforcement of arbitration clauses in commercial contracts (American Express v. Italian Colors).

Kellogg Huber Hansen has also been active in both sides of the patent-litigation game, such as defending accused offenders or representing patent holders of such technologies as semiconductors, optical disc drives, medical ultrasound equipment, and pharmaceutical innovations.

With several former federal prosecutors among its ranks, a significant portion of the firm's practice also involves representing corporate and individual clients in governmental investigations and parallel private civil litigation arising under state and federal fraud, securities, banking, antitrust, consumer protection, telecommunications, and health care statutes, as well as the Foreign Corrupt Practices and False Claims Acts.

Although the firm represents a wide range of industries, they have a particular depth of experience in the telecommunications industry, representing companies like Verizon and AT&T in both court litigation and dealings with the Federal Communications Commission. Among its victories were negotiating Comcast's ability to broadcast Washington Nationals baseball games, challenging FCC orders denying Verizon relief from restrictive regulation, and successfully challenging regulations stemming from the Telecommunications Act of 1996.

Standing Before the Supremes

In addition to extensive experience in federal appeals courts (seven Kellogg Huber Hansen lawyers have argued a total of 27 appeals since January 2014), Kellogg Huber Hansen's attorneys are not afraid to take their cases to the very top. Kellogg attorneys have argued 51 merits cases before the Supreme Court. Recent victories have included a pair of cases defeating limitations on the certification of class actions (Tyson Foods v. Bouaphakeo and Amgen v. Connecticut Retirement Funds),a case upholding the "implied false certification" theory of liability under the False Claims Act (Universal Health Services v. United States ex rel. Escobar), a case rejecting a drug manufacturer's claim that FDA approval preempted lawsuits against a company for failure to issue warnings about a product (Wyeth v. Levine), and a case upholding a jury award for an injured railroad worker plaintiff by pointing to Federal Employers' Liability Act standards (CSX v. McBride).

IN THE NEWS

June 2016
Whistleblower Win

Kellogg Huber Hansen secured a significant Supreme Court victory on behalf of the United States and federal whistleblowers in Universal Health Services v. United States ex rel. Escobar (No. 15-7). In a unanimous decision written by Justice Clarence Thomas, the Supreme Court broadly construed the False Claims Act to prohibit the submission of misleading claims for payment even when those claims do not contain an explicit false statement. The National Law Review reported that the decision "has momentous implications for health care providers and suppliers, and other entities, who seek or cause others to seek Medicare and Medicaid reimbursement."

May 2016
IHeartWinning

Kellogg Huber Hansen represented iHeart Communications, Inc. in obtaining a declaratory judgment and permanent injunction in Texas against certain holders of senior debt that issued notices of default challenging iHeart's ability to engage in a financial transaction intended to improve its capital structure and increase profits. In an expedited proceeding that spanned less than three months from complaint to judgment, the Texas court found that iHeart fully complied with its contractual obligations, and the noteholders lacked any basis to issue notices of default. The case is iHeartCommunications, Inc. v. Benefit Street Partners LLC, et al., No. 2016 CI 04006 (Tex. Dist. Ct., Bexar Cnty.).

March 2016
Truths, Damn Truths, and Statistics

In a case described by the National Law Journal as a major Supreme Court "win for class action plaintiffs," Kellogg Huber Hansen secured affirmance of a class action verdict on behalf of workers in Tyson Foods Inc. v. Bouaphakeo (No. 14-1146). In a 6-2 decision written by Justice Anthony Kennedy, the Court upheld the use of statistical evidence to prove liability and damages in class actions. The Court also held that the need for individualized determinations of damages generally will not defeat certification of class actions.

February 2016
In the Nick of Time

Kellogg Huber Hansen claimed a "down-to-the-wire" victory for a class of more than 556 corporate plaintiffs in a major antitrust case against News Corp., announcing a $250 million settlement agreement "just moments before the start" of the trial, according to Law360. The district court granted preliminary approval of the settlement and set a hearing for final approval for September 2016. The case is Dial Corp. et al. v. News Corp. et al., Civil Action No. 13-CV-06802-WHP (S.D.N.Y.).

December 2015
We'll Never Be Royals

Kellogg Huber Hansen represented the country's largest radio broadcaster, iHeartMedia, in the Webcasting IV proceedings before the Copyright Royalty Board (14-CRB-0001 WR). In a December 2015 ruling that was finalized in May 2016, the Board reduced statutory royalty rates for the first time ever and rejected the copyright holders' demand for future automatic rate increases. iHeart won a 32% reduction in the copyright royalty rate it paid, which Billboard Magazine called "a big win."

September 2015
Making False Claims about False Claims

Kellogg Huber Hansen achieved significant litigation victories on behalf of defendant Bank of New York Mellon Corp. in a multi-district litigation, related SEC and DOL investigations, and state-court litigation-all involving allegedly fraudulent pricing practices in foreign-exchange transactions. Among other things, the firm obtained dismissal of all claims against BNYM under the False Claims Act, as well as dismissal of substantial portions of the plaintiffs' complaints. The firm's litigation efforts resulted in settlements that dramatically reduced BNYM's liability.

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Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC

1615 M Street, NW, Suite 400
Washington, DC 20036
Phone: (202) (202) 326-7900
Fax: (202)

Stats

  • Employer Type: Private
  • Managing Partner: Michael K. Kellogg
  • Hiring Partner: Courtney Simmons Elwood
  • Total No. Attorneys 2016: 70

  • Employment Contact
    Courtney Simmons Elwood
    Hiring Partner
    (202) 326-7907
    attorneyrecruiting@khhte.com

  • Base Salary
    1st year: $225,000
    2nd year: $225,000
    3rd year: $275,000
    4th year: $275,000
    5th year: $275,000
    6th year: $275,000
    Summer associate: $3,077/week

  • Summer Associate Offers
    BecauseKellogg Huber hires associates who have at least one year of clerkship experience, the firm generally does not give offers of employment at the conclusion of the summer.

  • Major Departments & Practices
    Commercial Litigation
    Supreme Court & Appellate Practice
    Government Investigations & White Collar Practice
    Intellectual Property Litigation
    Telecommunications

Major Office Locations

  • Washington, DC

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