Kenneth A. Frost III

Kenneth A. Frost III practices in the areas of complex and class action civil litigation. He has obtained relief for both individual plaintiffs and for class members in cases involving antitrust, securities, consumer protection, and unfair competition issues. Kenneth’s antitrust experience includes litigating Sherman Act Sections 1 and 2, Clayton Act, and California’s Cartwright Act matters. Kenneth also has both federal (Private Securities Litigation Reform Act) and state-based securities litigation experience. Kenneth began his career in complex litigation by performing factual analysis in a technology matter, which ultimately resolved for the then-largest antitrust settlement in U.S. history. More recently, Kenneth litigated a PSLRA securities fraud matter successfully through trial on behalf of a certified class of shareholders (a rare occurrence).

Kenneth’s efforts have concerned a variety of industries, including automotive parts, chemicals, consulting, energy, finance, health insurance, mechanics, shipping, and technology.

Among matters Kenneth has pursued to successful verdict or settlement are Gruber v. Gilbertson, et al. (Dakota Plains Holdings, Inc. Securities Litigation), Civil Action No. 16-cv-09727 (S.D.N.Y.) (energy-related PSLRA class action resolved in part by jury verdict and by settlement); In re BearingPoint Sec. Litig., Civil Action No. 1:05-cv-00454 (E.D. Va.) (business consulting-related PSLRA class action resolved by settlement); In re Carbon Black Antitrust Litig., Civil Action No. 03-10191 (D. Mass.) (commodity chemicals Sherman Act Section 1 antitrust class action resolved by settlement); In re Peregrine Sys., Inc. Sec. Litig., Civil Action No. 02-870 (S.D. Cal.) (technology-related PSLRA class action resolved by settlement); In re Plastic Additives Antitrust Litig., Civil Action No. 03-2038 (E.D. Pa.) (commodity chemicals Sherman Act Section 1 antitrust class action resolved by settlement); In re Rubber Chemicals Antitrust Litig., MDL No. C-04-1648 (N.D. Cal.) (commodity chemicals Sherman Act Section 1 antitrust class action resolved by settlement); In re Small Bearings Antitrust Litig., Civil Action No. 1:17-cv-10853 (E.D. Mich.) (mechanics-related Sherman Act Section 1 antitrust class action resolved by settlement); In re Sonus Networks, Inc. Sec. Litig., Civil Action No. 04-10294 (D. Mass.) (technology-related PSLRA class action resolved by settlement); In re Textainer Fin. Servs. Corp., CGC 05-440303 (S.F. Super. Ct.) (shipping-related state-based securities action resolved by settlement following partial bench trial); and Merced Irrig. Dist. v. Barclays Bank PLC, Civil Action No. 15 Civ. 4878 (S.D.N.Y.) (energy and finance related Sherman Act Section 2 antitrust class action resolved by settlement).

Education

Brown University  

  • University Water Polo Team

University of San Francisco School of Law

Memberships & Association

  • Member, California Bar
  • Member, District of Columbia Bar

Prior to attending law school, Kenneth worked for the Law & Economics Consulting Group (LECG) in Emeryville, California, assisting economics and finance experts in drafting reports and helping prepare them to testify in antitrust, securities, and other commercial disputes. At LECG, Kenneth also assisted in drafting non-litigation-related presentations concerning, for example, economic conditions impacting the agriculture and healthcare industries.