2019 Vault Rankings
“Substantive work on interesting, challenging cases from day one.”
“Flexibility on working remotely”
“Extremely long hours”
“Lack of structure can sometimes be frustrating”
“Tepid support of pro bono work”
Washington, DC-based Kellogg, Hansen, Todd, Figel & Frederick is a firm that thrives litigating complex cases in the trial and appellate world, including cases that bring its attorneys to the highest court in the land.
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 more than 90 attorneys and has strong practices in commercial litigation, Supreme Court and appellate litigation, government investigations and white-collar defense, intellectual property litigation, antitrust litigation, and telecommunications. Kellogg Hansen’s attorneys are trial and appellate specialists. Nearly every partner and associate served as a law clerk for a federal judge and more than a dozen clerked for Justices of the United States Supreme Court.
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 Hansen 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). Without a corporate practice, they avoid many conflicts and are able to take on all kinds of cases against all kinds of adversaries, including banks, accounting firms, insurance companies, and other law firms. For instance, their attorneys recently secured recoveries in excess of $5.1 billion for defective mortgage-backed securities against a wide range of Wall Street banks on behalf of the National Credit Union Administration.
Although the firm represents a wide range of industries, its lawyers 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 and state regulators. Among its victories were representing MASN in obtaining the right to broadcast Washington Nationals baseball games on Comcast, challenging FCC orders denying Verizon relief from restrictive regulation, and successfully challenging regulations stemming from the Telecommunications Act of 1996.
With several former federal prosecutors among its ranks, a significant portion of the firm’s practice also involves representing and prosecuting 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. Recently, the firm won a jury verdict of almost $350 million in a False Claims Act case involving overpayments by Medicare and Medicaid and also obtained dismissal of False Claims Act charges involving potential exposure of more than $10 billion.
Kellogg Hansen has also been active in both sides of patent litigation, such as defending accused offenders or representing patent holders of such technologies as semiconductors, optical disc drives, medical ultrasound equipment, and pharmaceutical innovations.
Standing Before the Supremes
In addition to extensive experience in federal and state appellate courts (20 Kellogg Hansen lawyers have argued more than 55 cases since 2015), Kellogg Hansen's attorneys are not afraid to take their cases to the very top. Kellogg Hansen attorneys have argued 72 cases before the Supreme Court and a former firm partner, Neil Gorsuch, is now a Justice. 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 defining the fiduciary duty of pension-plan trustees to monitor the prudence of plan investments (Tibble v. Edison International), 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
Kellogg Hansen was proud and delighted at the confirmation of former colleague Neil Gorsuch as a United States Supreme Court Justice in 2017. This is a significant high point of a growing trend that spans multiple administrations. Over the past five years, the firm has had one Supreme Court Justice, three federal court of appeals judges, and two federal district judges nominated to the bench. We encourage our attorneys to consider public service and have also seen many advance to senior positions in government and serve as deans and professors at the nation’s top law schools.
Kellogg Hansen attorneys represent the National Credit Union Administration (NCUA) as liquidating agent in a series of lawsuits against 19 financial institutions regarding the sale of residential mortgage-backed securities. This groundbreaking litigation arose out of the failure of the four largest Credit Unions in the United States. Twenty separate complaints were filed across three jurisdictions and numerous appeals were heard in the Second, Ninth, and Tenth Circuits. NCUA was the first federal financial institutions regulator to recover losses from the sale of faulty residential mortgage-backed securities. NCUA has recovered more than $5.1 billion to date.
In the United States Supreme Court, Kellogg Hansen has won or settled cases in 13 consecutive Court terms. During the last six terms, five of our lawyers argued a total of 25 cases at the Court on behalf of a diverse array of clients, from individuals and classes of investors to small and large corporations. On March 26, 2018, Kellogg Hansen partner David Frederick delivered his 50th oral argument.
In 2017, Kellogg Hansen associates took on high-level roles in the firm’s most important matters. Four associates argued a total of five appeals. Associates examined witnesses in a federal court jury trial, a preliminary injunction hearing in federal court, and two separate arbitrations, while another defended a witness in a congressional investigation. Others argued substantive motions in the Court of Federal Claims and in New York and DC courts, as well as during the final pre-trial conference before a federal court jury trial. Seventeen associates took or defended more than 70 depositions of fact, expert, and Rule 30(b)(6) witnesses.
Kellogg Hansen attorneys represented iHeart in two matters with significant victories in the same week. They won an appeal affirming the declaratory judgment and permanent injunction they previously won after an expedited trial on the merits in a suit brought by iHeart against noteholders who issued notices of default on more than $5 billion in debt. In the Delaware Supreme Court, they also won summary affirmance of their successful defense of iHeart against claims of breach of fiduciary duty in a derivative action. Franklin Advisers Inc et al. v. iHeart Communications Inc. and GAMCO Asset Mgmt. Inc. v. iHeartMedia Inc.
Kellogg Hansen attorneys are serving as co-lead counsel for the plaintiffs in a major antitrust litigation against the two leading providers of dealer management systems, CDK Global, LLC and The Reynolds & Reynolds Company. In 2017, Global Competition Review named partners Derek Ho, Michael Nemelka, and Aaron Panner “Litigators of the Week” for obtaining a rare preliminary injunction on behalf of Authenticom, Inc. Nemelka commented to GCR, “Kellogg Hansen is a special place for many reasons, but to have senior partners show such support for a young partner is definitely one of them.” In re Dealer Management Systems Antitrust Litigation.
1615 M Street NW, Suite 400
Washington, DC 20036
Phone: (202) (202) 326-7900
Employer Type: Private
Managing Partner: Michael K. Kellogg
Hiring Partner: Scott H. Angstreich
Total No. Attorneys 2018: 94
1st year: $225,000
2nd year: $225,000
3rd year: $275,000
4th year: $275,000
5th year: $275,000
6th year: $275,000
7th year: $275,000
Summer associate: $3,077week
Because of clerkships, the firm does not make immediate offers to summer associates.
Supreme Court & Appellate Practice
Government Investigations & White Collar
Intellectual Property Litigation