Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.

Representative matters:

A.I.A. Holdings, S.A. v. Lehman Brothers, Inc. and Bear, Stearns & Co., No. 1:97-CV-04978 (S.D.N.Y.). Represented investors defrauded in a $100 million Ponzi scheme by the defendants’ introducing broker. The matter settled on favorable terms.

AT&T Corp. v. Iowa Utils. Bd., 525 U.S. 366 (1999); United States Telecom Ass’n v. FCC, 290 F.3d 415 (D.C. Cir. 2002), cert. denied, 538 U.S. 940 (2003); United States Telecom Ass’n v. FCC, 359 F.3d 554 (D.C. Cir.), cert. denied, 543 U.S. 925 (2004); Covad Communications Co. v. FCC, 450 F.3d 528 (D.C. Cir. 2006). Represented all of the former Bell Operating Companies in four, successive challenges to the Federal Communications Commission’s regulations implementing one of the centerpieces of the Telecommunications Act of 1996, with the courts vacating three sets of FCC rules imposing unbundling requirements on the former Bell companies and upholding all FCC determinations not to impose unbundling requirements.

Anza v. Ideal Steel Supply Corp., 126 S. Ct. 1991 (2006). Obtained reversal of court of appeals decision in which the Supreme Court set a standard for RICO proximate causation under which a plaintiff cannot bring a RICO claim by alleging a failure of a competitor to pay state sales tax, thereby leading to dismissal of multi-million dollar claims against our clients.

Bates v. Dow AgroSciences, L.L.C., 544 U.S. 431 (2005). Obtained reversal of court of appeals decision in which the Supreme Court held that farmers’ claims for crop injury from pesticides are not preempted by Federal Insecticide, Fungicide, and Rodenticide Act and reinstated claims for approximately $30 million in crop damages.

Conwood Co., L.P. v. United States Tobacco Co., 290 F.3d 768 (6th Cir. 2002), cert. denied, 537 U.S. 1148 (2003). Represented Conwood in obtaining and defending the largest antitrust verdict ever affirmed on appeal — approximately $1.1 billion.

Coordination Proceedings Special Title (Rule 1550(b)) Microsoft I – V Cases, No. J.C.C.P. No. 4106 (Cal. Super. Ct., San Francisco County). Represented California’s individual and business consumers in a class action against Microsoft and obtained a $1.1 billion settlement for the benefit of class members — the largest recovery ever for consumers under California’s antitrust and unfair competition laws — with unclaimed funds benefiting California’s public schools.

Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), and No. 1:92-CV-07768 (N.D. Ill.). Obtained reversal of a Ninth Circuit decision in which the Supreme Court held that a district court to which a case has been transferred for coordinated pre-trial proceedings may not assign that case to itself for trial, but must instead, at the close of the pretrial proceedings, remand the case to the originating district court. On remand, obtained a jury verdict exceeding $50 million on various tort claims, including commercial disparagement and defamation and abuse of process.

Lincoln Property Co. v. Roche, 546 U.S. 81 (2005). Obtained a unanimous decision reversing the court of appeals and holding that, to remove a case on diversity grounds, named defendants have no obligation to demonstrate that there is no unnamed, potential defendant whose presence in the action would destroy diversity.

New Jersey v. Delaware, No. 134 Original (U.S.). Represent State of Delaware in an original action in the Supreme Court of the United States to resolve a boundary dispute between the two States to determine whether a multi-billion dollar liquefied natural gas bulk transfer facility constructed on the New Jersey side of the boundary can encroach into Delaware.

Ricoh Company, Ltd. v. Lite-On IT Corp., No. 5:04-CV-00104 (E.D. Tex.). Litigated patent infringement claims on behalf of prominent office equipment manufacturer Ricoh Co. of Japan against Taiwanese maker of optical disc drives. The case settled on favorable terms shortly after the court issued a beneficial claim construction ruling.

TCR Sports Broadcasting Holding, L.L.P. v. Comcast Corp., MB Docket No. 06-148 (FCC). Represent TCR (doing business as the Mid-Atlantic Sports Network) in groundbreaking proceeding that resulted in successful negotiation for carriage of Washington Nationals baseball games on Comcast’s cable distribution network.

Texas Cable & Telecommunications Ass’n v. Hudson, No. 1:05-CV-00721 (W.D. Tex.). Represent AT&T Texas in defending, against the incumbent cable industry’s constitutional challenges, the 2005 Texas video franchising law that established a national model for opening the video services business to new entry by historical telephone companies.

Verizon Communications Inc. v. Law Office of Curtis V. Trinko, LLP, 540 U.S. 398 (2004). Successfully represented Verizon Communications in overturning a court of appeals decision in the most significant Supreme Court decision interpreting the scope of Section 2 of the Sherman Act since Aspen Skiing.

Volumetrics Medical Imaging, Inc. v. ATL Ultrasound, Inc., No. 1:01-CV-00182 (M.D.N.C.). Obtained a jury verdict of $318.75 million for fraud and unfair trade practices arising out of contract negotiations between plaintiff, a high-technology start-up company, and defendant, a major ultrasound company.