Steven Benz with Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. changes practice area to our exclusive Commercial Litigation Member in the US - Washington DC
Published 10 Oct, 2019
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Steven F. Benz focuses his practice on antitrust, unfair competition, class action and complex commercial cases in federal and state courts throughout the country. He has more than twenty-five years of litigation experience throughout the United States and has served as counsel of record in more than 130 litigated cases, trials, and appeals. He was named American Antitrust Institute 2017 Antitrust Enforcement Awards Honoree for Outstanding Antitrust Litigation Achievement in Private Law Practice.
As a partner at the firm, Mr. Benz has prosecuted leading edge cases involving in part the intersection of competition law and intellectual property rights, including monopolization, price fixing, and class actions under federal and state law; direct and indirect purchaser claims under state antitrust and unfair competition laws; breach of contract, fraudulent transfer and deceptive trade practices litigation.
Mr. Benz is co-lead counsel and represents the Dial Corporation, Henkel Consumer Goods, Inc., Kraft Heinz Foods Company, H.J. Heinz Company, L.P., Foster Poultry Farms, Smithfield Foods, Inc., HP Hood, LLC, and BEF Foods, Inc. in The Dial Corporation, et al. v. News Corporation, et al., Civ. Action No. 13-CV-06802 (WHP) (S.D.N.Y) (Judge Pauley), a Sherman Act monopolization case involving third-party in-store promotions. In 2016, on the first day of trial, Mr. Benz secured a settlement of $250 million and significant injunctive relief for his clients and the certified class of 699 CPG (consumer product goods) companies.
Mr. Benz also currently represents:
In 2012, Mr. Benz achieved a significant ruling from the Federal Circuit in Ritz Camera & Image, LLC v. SanDisk Corporation, 700 F.3d 503 (Fed. Cir. 2012). The Federal Circuit held that direct purchasers have standing to pursue Walker Process (fraud on the Patent and Trademark Office) antitrust claims. Supporting amicus briefs were submitted by the Department of Justice and the Federal Trade Commission, more than thirty state Attorneys General, and more than thirty law professors.
Mr. Benz and his partners were retained by AT&T Inc. to serve as lead trial counsel in the Department of Justice lawsuit to enjoin the merger of AT&T Inc. and T-Mobile USA, Inc., United States of America v. AT&T Inc., T-Mobile USA, Inc., and Deutsche Telekom AG, Civil No. 11-01560 (ESH) (D.D.C.).
Mr. Benz was one of the lead attorneys in Conwood Co. v. United States Tobacco Co., 290 F.3d 768 (6th Cir. 2002), in which the firm won the largest Sherman Act § 2 damages award in history for our client. A jury awarded a judgment (after trebling) of $1.05 billion. This verdict was affirmed by the Sixth Circuit in 2002. Id.
Below-Cost Sales and the Buying of Market Share, 42 Stanford Law Review 695 (1990)
Soviet Nationalities Policies and the Soviet Germans, 16 Heritage Review 11 (1986)
Trade Liberalization and the Global Service Economy, 19 Journal of World Trade Law 95 (1985)
High Technology Occupations Lead Growth in Services Employment, 7 Business America 19 (1984)
Co-author: The Trigger of Coverage Under CGL Policies, Insurance Coverage Litigation 1993: Critical Issues and Strategies, New York: Practicing Law Institute (1993)
Co-author: International Competition in Information Technologies: Foreign Government Intervention and the U.S. Response, 22 Stanford Journal of International Law 215 (1987)
Co-author: The Semiconductor Chip Protection Act: Experience in the Utilization of the Law and Current International Developments, 8 European Intellectual Property Review 229 (1986)
Co-author: U.S.-Japan Relations: Convergence and Cooperation in a Changing World Economy, Southwestern Legal Foundation (1986)
Private Investors Abroad: Problems and Solutions in International Business in 1986, Matthew Bender (1986)
Co-author: Government Procurement of Semiconductors: Economic and Environmental Issues Affecting a Major Strategic Resource, San Jose, Semiconductor Industry Association (1985)
Kellogg Hansen specializes in complex trial and appellate litigation. Our lawyers are highly qualified, credentialed, and experienced. Our lawyers have extensive experience representing both plaintiffs and defendants in trials and appeals throughout the United States. We pride ourselves on the exceptional results we achieve for our clients.
Kellogg Hansen is a trial and appellate litigation firm based in Washington, D.C. We specialize in litigating complex and high-stakes matters for our clients throughout the country and we regularly take cases to verdict at trial and argue before the United States Supreme Court and other appellate courts. We represent both plaintiffs and defendants, giving us a balanced view from both sides of litigation. Our clients include Fortune 100 companies, investment and financial services firms, entrepreneurial start-ups, States and instrumentalities of the U.S. and foreign governments, and individuals.
Our roster of talented attorneys includes former Assistant United States Attorneys, Assistants to the Solicitor General, an Assistant Attorney General, and attorneys who have held senior positions in the White House, Federal Communications Commission, the Department of Justice, and the Department of State. Almost all of our partners and associates have served as law clerks for federal judges on the United States Courts of Appeals, and nearly one-quarter have clerked for Justices of the United States Supreme Court.
Although we regularly take on matters that do not fit neatly into a single category, we have expertise in complex commercial litigation, Supreme Court and appellate litigation, antitrust, class actions, Delaware corporate law and fiduciary duty matters, governmental investigations, white-collar criminal defense, securities fraud, intellectual property, products liability, and telecommunications.
Seasoned Trial Lawyers
Our firm frequently takes cases to trial on behalf of our clients in “bet-the-company” litigation. Our trial lawyers relish the opportunity to go to trial and are experienced in trying cases to juries, judges, and arbitration panels. Our lawyers have been lead counsel in more than 100 federal and state trials and private arbitrations. The firm’s attorneys have written about and taught trial and appellate advocacy in programs at the Federal Judicial Center and the National Institute of Trial Advocacy.
The firm’s trial lawyers win for our clients. Our lawyers, acting as lead trial counsel, have won a $1.2 billion jury verdict on behalf of a plaintiff class in an antitrust case in Kansas; a defense verdict in a bench trial in which the plaintiff sought more than $9 billion in damages in a fraudulent conveyance case in Texas; a $318.75 million jury verdict on behalf of a technology start-up in a fraud and unfair trade practices case in North Carolina; and a $1.1 billion jury verdict on behalf of a plaintiff company in an antitrust case in Kentucky. The firm has been co-lead counsel representing the National Credit Union Administration in obtaining recoveries in excess of $4.3 billion for defective mortgage-backed securities against a wide range of Wall Street banks.
Renowned Supreme Court and Appellate Advocates
The firm’s appellate lawyers have achieved exceptional results for our clients. Our lawyers have won significant cases in the Supreme Court of the United States in each of the past twelve Terms — including important antitrust decisions (Bell Atlantic Corp. v. Twombly and Pacific Bell Telephone Co. v. linkLine Communications, Inc.), significant securities rulings (Amgen Inc. v. Connecticut Retirement Plans and Trust Funds and Matrixx Initiatives, Inc. v. Siracusano), and landmark preemption cases (Wyeth v. Levine and Altria Group, Inc. v. Good). During the Supreme Court’s October 2010, 2011, and 2012 Terms, five different firm lawyers argued a total of seventeen merits cases. Our attorneys have also argued in every federal court of appeals, as well as many state intermediate appellate and supreme courts. The firm’s appellate practitioners are leading authorities on Supreme Court and appellate practice and procedure, having published multiple books and articles on Supreme Court and appellate advocacy. Multiple national publications have recognized the firm for its appellate expertise, and The National Law Journal included the firm on its “Appellate Hot List” for 2011, 2012, 2013, and 2016.
Experienced Counsel to Corporations and Individuals in Government and Internal Investigations
Our lawyers have broad experience representing businesses and individuals in complex criminal, administrative, and civil enforcement proceedings. We frequently represent clients in parallel state, federal, and civil proceedings in financial and commercial matters. We conduct internal investigations on behalf of multinational clients seeking to manage and resolve liability under the Foreign Corrupt Practices Act, state and federal securities laws, and the antitrust laws, among other criminal and regulatory regimes. We appear frequently before the Department of Justice and the Securities and Exchange Commission, as well as before federal and state regulatory agencies, in connection with these matters. The firm’s lawyers are among the nation’s leading authorities on securities and antitrust enforcement.
Trial-Ready Intellectual Property and Patent Practice
The firm also has a substantial and successful patent litigation practice. We regularly try patent cases to juries and pride ourselves on our ability to make complex technology understandable to non-specialist judges and jurors. We represent both patent holders and accused infringers in cases involving a broad spectrum of technologies, including, in recent years, digital video recorders, video compression technology, optical disc drives, medical ultrasound equipment, e-commerce services, telecommunications equipment and services, and a variety of pharmaceutical compounds and formulations.
Unparalleled Expertise in Telecommunications Law
Our firm regularly represents major telecommunications providers in judicial and administrative proceedings at the federal and state levels. Our attorneys are leading authors and speakers on telecommunications law and policy and continue to do path-breaking work in shaping telecommunications law.
We invite you to learn more about us through this website or by contacting us directly.
Published 10 Oct, 2019
Published 21 Apr, 2017