Kenneth M. Fetterman

Kenneth Fetterman has successfully represented plaintiffs and defendants in a wide array of matters, including antitrust, breach of contract, securities, fraud, telecommunications, and intellectual property disputes involving multiple technologies and products.  He has experience conducting internal investigations, handling Foreign Corrupt Practices Act matters, and representing officers and employees appearing as witnesses in investigations conducted by the Securities and Exchange Commission and/or the Department of Justice.  He also has extensive experience in e-discovery compliance, strategy, and leading internal and collaborative teams in connection with those efforts.

Mr. Fetterman’s clients include the nation’s leading telecommunications companies, which he has represented in antitrust litigation and enforcement for more than two decades.  He represented AT&T in the Department of Justice’s recent unsuccessful challenge to the merger of AT&T and Time Warner, and in the Department of Justice’s lawsuit to enjoin the merger of AT&T Inc. and T-Mobile USA, Inc.  See United States v. AT&T Inc., 310 F. Supp. 3d 161 (D.D.C. 2018), aff’d, 916 F.3d 1029 (D.C. Cir. 2019) and United States v. AT&T Inc., No. 11-01560 (D.D.C.).  He represented Verizon against a variety of claims including monopolization, attempted monopolization, and tying in a case that was dismissed at summary judgment; he represented BellSouth in a case involving Section 2 and other antitrust claims; he represented SBC in a case involving refusal to deal among other claims; and he defended Verizon against a monopolization claim that was dismissed and then affirmed on appeal.  See Astro Tel, Inc. v. Verizon Fla., LLC, 979 F. Supp. 2d 1284 (M.D. Fla. 2013), Covad Communications Co. v. BellSouth Corp., 314 F.3d 1282 (11th Cir. 2002), and Covad Communications Co. v. Bell Atl. Corp., 398 F.3d 666 (D.C. Cir. 2005).  Mr. Fetterman also has been involved in numerous merger reviews before the FCC or  DOJ, including Verizon-NorthPoint, Verizon-GTE, and Bell Atlantic-NYNEX.  He is currently representing Viamedia Corporation in an antitrust suit alleging unlawful tying and exclusive dealing in the local cable advertising representation market.  See Viamedia Inc. v. Comcast Corp., No. 16-cv-05486 (N.D. Ill.).  He also worked on matters related to AT&T litigation in state and federal jurisdictions regarding billing, collection, and remittance of 911 charges, and has successfully obtained dismissals of more than a dozen cases, including through favorable rulings from several state supreme courts.  

Mr. Fetterman’s matters often involve exceedingly complex and high-profile litigation.  He is representing a certified class of employers and unions alleging that the Sutter Health hospital system leveraged its market power to engage in anticompetitive conduct, insulate itself from competition, and charge inflated prices.  After five and a half years of litigation, the parties settled on the eve of trial.  Subject to court approval, Sutter has agreed to pay $575 million and comprehensive injunctive relief, including changing its practices under the supervision of a court-appointed monitor.  See UFCW & Employers Benefit Trust v. Sutter Health, No. CGC 14-538451 (Cal. Super. Ct.).  Previously, he represented Bank of New York Mellon in lawsuits alleging that BNYM violated federal mail and wire fraud laws, state False Claims Acts, and fiduciary and contractual duties through its provision of foreign exchange services; and he represented a publicly traded company in prosecuting claims against the company’s former auditor.  See In re: Bank of New York Mellon Corp. Foreign Exchange Transactions Litigation, 857 F.Supp.2d 1371 (J.P.M.L. 2012) and Navistar International Corporation v. Deloitte & Touche LLP, No. 2011 L 004269 (Ill. Cir. Ct., Cook County). 

At the trial level, he also has experience representing clients as counsel or lead counsel in the Eastern District of Virginia, Alexandria Division (rocket docket) in a variety of matters, including patent, contract, and other claims or counter-claims.  As one example, he successfully represented Verizon in a dispute involving an interconnection agreement, and presented evidence at trial related to counterclaim damages.  See Coretel Virginia, LLC v. Verizon Virginia, LLC, No. 1:12-CV-741, 2013 WL 1755199 (E.D. Va. Apr. 22, 2013).