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Michael K. Kellogg

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Michael Kellogg is a founding partner and the managing partner of the firm.  He received degrees from Stanford University and Oxford University in philosophy before graduating magna cum laude from the Harvard Law School.  After clerking on the United States Court of Appeals for the District of Columbia Circuit for Judge Malcolm Wilkey, and then on the United States Supreme Court for Chief Justice Rehnquist, Mr. Kellogg served as Assistant United States Attorney for the Southern District of New York and in the Solicitor General’s office.  His current practice is focused on appellate, regulatory, and antitrust issues.  He has briefed and argued numerous cases before the United States Supreme Court.  He co-authored Federal Telecommunications Law and has authored three books on the history of thought, The Greek Search for Wisdom, The Roman Search for Wisdom and The Wisdom of the Middle Ages.

Noteworthy Representations

American Express Co., et al. v. Italian Colors Restaurant, et al., No. 12-133 (U.S. S.Ct. 2013), argued successfully for the plaintiff that the Federal Arbitration Act does not permit courts, invoking the “federal substantive law of arbitrability,” to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.  The Judgment:  reversed, 5-3, in an opinion by Justice Scalia on June 20, 2013.  Justice Kagan filed a dissenting opinion in which Justice Ginsburg and Justice Breyer joined.  Justice Sotomayor took no part in the consideration or decision of this case.

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), argued successfully for the petitioners, establishing that parallel conduct, absent plausible evidence of agreement, is insufficient to state a claim under § 1 of the Sherman Act.

Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), argued successfully for the petitioner, Lexecon, establishing that federal district courts conducting “pretrial proceedings” for multi-district litigation under 28 U.S.C. § 1407(a) must remand the case for trial.

Anderson News, L.L.C. v. American Media, Inc., 680 F.3d 162 (2nd Cir. 2012), argued successfully that the district court judgment granting defendants' motion to dismiss for failure to state a claim under § 1 of the Sherman Act, 15 U.S.C. § 1 be vacated and remanded.

In re National Security Agency Telecommunications Records Litigation, 671 F.3d 881 (9th Cir. 2011), argued successfully, representing AT&T and other telephone companies in conjunction with alleged assistance to NSA's alleged warrantless wiretapping scandal.

In re Terrorist Attacks on September 11, 2001, 538 F.3d 71 (2d Cir. 2008), argued successfully on appeal from orders entered in the district court for dismissing claims against the seven Saudi Arabian defendants-appellees for lack of subject matter jurisdiction and personal jurisdiction.

Publications

The Wisdom of the Middle Ages (Prometheus, 2016)

The Roman Search for Wisdom (Prometheus, 2014)

The Greek Search for Wisdom (Prometheus, 2012)

Three Questions We Never Stop Asking (Prometheus, 2010)

Federal Telecommunications Law, Second Edition (with P. Huber and J. Thorne) (Aspen, 1999)

Special Report: The Telecommunications Act of 1996 (with P. Huber and J. Thorne) (Little Brown, 1996)

Federal Broadband Law (with P. Huber and J. Thorne) (Little Brown, 1995)

Federal Telecommunications Law (with P. Huber and J. Thorne) (Little Brown, 1992)

The Geodesic Network II:  1993 Report on Competition in the Telephone Industry (with P. Huber and J. Thorne) (Geodesic Publishing Co., 1992)

Numerous articles have appeared in scholarly journals (The Harvard Law Review), magazines (The Hudson Review, Commonweal), and newspapers.

Education

Harvard Law School, J.D., magna cum laude, 1982

  • Editor, Harvard Law Review, 1982-1983

Oxford University, St. Catherine’s College, B.Phil., 1979

Stanford University, A.B., 1976

Clerkship

Law Clerk, Justice William H. Rehnquist, U.S. Supreme Court, 1983-1984

Law Clerk, Judge Malcolm Wilkey, U.S. Court of Appeals, District of Columbia Circuit, 1982-1983

Government Service

Assistant to the Solicitor General, U.S. Department of Justice, 1987-1989

Assistant U.S. Attorney, U.S. Department of Justice, Criminal Division, Southern District of New York, 1984-1986

OTHER PRACTICE

Partner, Mayer, Brown & Platt, Washington, D.C., 1989-1993


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