David Frederick. (Photo by Diego M. Radzinschi)
David Frederick, a veteran U.S. Supreme Court advocate, had an especially good run recently, chalking up a string of victories proving that business interests don’t always win out at the nation’s highest court.
The longtime partner at Kellogg, Huber, Hansen, Todd, Evans & Figel has carved out a specialty of representing consumers and employees against Big Law adversaries. Critics of the Roberts Court say the justices are prone to support the legal agenda of large corporations, but that hasn’t kept Frederick from making the opposing case with frequent success.
“From our clients’ perspective, we had six wins in the Supreme Court” since early 2015, said Frederick, a former clerk to Justice Byron White.
In Tyson Foods v. Bouaphakeo, Frederick prevailed on behalf of workers in a Fair Labor Standards Act dispute over overtime pay. He also won Tibble v. Edison International for pensioners, arguing that their claims under the Employee Retirement Income Security Act were not time-barred. And Jesinoski v. Countrywide Home Loans was a win for his client mortgage borrowers in a Truth in Lending Act case.
Frederick is also proud of his role in a series of victories in the U.S. courts of appeals for the Fifth, Ninth and Tenth circuits for his client, the National Credit Union Administration, that resulted in more than $4.3 billion in settlements from Wall Street banks stemming from the financial crisis of almost 10 years ago.
But the firm has some corporate clients too, especially in the telecommunications arena.
Kellogg Huber name partner Michael Kellogg won a significant victory for AT&T Mobility LLC before the U.S. Court of Appeals for the Ninth Circuit in August. The Federal Trade Commission filed a complaint against the company under the FTC law prohibiting “unfair or deceptive acts,” but Kellogg successfully argued that the company was exempt from FTC scrutiny because it is a common carrier.