Philip L. Kellogg

1350 Connecticut Avenue, N.W., Suite 600
Washington, D.C. 20036
(202) 496-0722

Mr. Kellogg is an experienced trial lawyer with a lifelong interest in and understanding of the entrepreneurial role: the risks entrepreneurs take, the hardships they often endure, the rewards they sometimes achieve and the pitfalls they must seek to avoid. Together with his trial experience, this insight has enabled him to provide transactional documentation and preventive counseling to many businesses, investors and professionals, as well as effective trial and appellate representation in both civil and criminal cases, when litigation has become necessary.

Mr. Kellogg received a Bachelor of Science Degree in Industrial Administration from the University of Illinois in 1961, and from 1961 to 1964 served in the United States Marine Corps where he was an infantry platoon commander in the Second Marine Division. He received a J.D. degree (with honors) from the University of North Carolina School of Law in 1967. During law school he was a member of the Board of Editors of the North Carolina Law Review and was elected to membership in the Order of the Coif. From 1967 to 1968, Mr. Kellogg was a law clerk to Judge Edward A. Tamm of the United States Court of Appeals for the District of Columbia Circuit. After that, he served as an Assistant United States Attorney for the District of Columbia for four years, trying dozens of jury trials, including two and one-half years as a prosecutor of major felony cases in the United States District Court for the District of Columbia.

While in private practice, Mr. Kellogg has litigated many complex business and financial cases involving contract, tax, securities, partnership disputes, interpleader and injunctive actions, and a variety of business torts, as well as tort cases arising from automobile accidents, and medical and legal malpractice. He has also successfully defended criminal cases arising in a business context. Mr. Kellogg has enjoyed an AV Preeminent peer rating in Martindale-Hubbell for more than thirty years.

Between 1975 and 1980, he and his partner James L. Lyons served as co-counsel to the plaintiff class in a challenge to the legality of a District of Columbia income tax on non-resident professionals, which ultimately resulted in the invalidation of the tax and the refund of approximately $40 million in taxes which had been collected to that point. Bishop v. District of Columbia, 401 A.2d 955 (D.C. 1979), aff'd en banc, 411 A.2d 997 (1980). The case was believed to be the largest taxpayer class action recovery in American history at that time.

In 1987, Mr. Kellogg also successfully prosecuted a class action that recovered approximately $1.5 million — the assets remaining from a $25 million Ponzi scheme — for distribution to the plaintiff class of investors over the claims of the Internal Revenue Service. In re Johnson, 80 B.R. 791 (Bnkr. E.D. Va. 1987).

Philip L. Kellogg