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Emily Henn is a partner in Covington & Burling’s Silicon Valley office and a vice chair of the firm’s global litigation practice. Ms. Henn specializes in defending class actions, false advertising litigation, and complex litigation in the food, drug & cosmetics industries, among others. She has extensive experience with consumer class actions under California’s Section 17200 and other states’ unfair competition laws. She has also represented clients in state attorney general actions asserting unfair and deceptive practices claims. Ms. Henn was named to Benchmark Litigation, Euromoney’s inaugural list of the Top 250 women in U.S. litigation (2012). Before relocating to California, Ms. Henn was named a Washington, DC State Star by Euromoney’s Benchmark: America’s Leading Litigation Firms and Attorneys (2009-2010). Since her move to California, Ms. Henn has twice been named a Rising Star in civil litigation defense (2011-2012) by Northern California Super Lawyers, which recognizes the top 5% of lawyers in the state.
Representative Matters
- Represent film studio in a putative class action in the Northern District of California alleging agreements among several companies not to "cold call" each other's employees.
- Represent Wells Fargo Bank in multiple class actions, including a bench trial, under California's Unfair Competition Law (Section 17200) and other states' unfair competition laws.
- Successful representation of Eli Lilly & Company in commercial dispute with a business partner.
- Represented sanofi-aventis in litigation against FDA challenging approval of an ANDA for follow-on version of Lovenox (enoxaparin sodium).
- Represented software company in AAA arbitration concerning a dispute arising under a software license agreement.
- Represented coalition of pharmaceutical companies in successfully urging reversal of USDA FOIA decision that implicated privacy rights of employees.
- Represented pharmaceutical company in Congressional investigation concerning drug safety.
- Represented pharmaceutical company in state court litigation over disputed sales and pricing practices.
- Represented pharmaceutical company in successfully challenging FDA denial of pediatric exclusivity.
- Successful defense of Lieutenant Governor of American Samoa in complex jury trial involving conspiracy, fraud, bribery, and obstruction charges.
- Represent Schering-Plough HealthCare Products, Inc. in false advertising litigation in U.S. District Court and the U.S. Court of Appeals for the Seventh Circuit.
- Successful defense of bank fraud, mail fraud, and money laundering charges in a jury trial in U.S. District Court.
Honors and Rankings
- Northern California Super Lawyers, Rising Star - Civil Litigation Defense (2011-2012)
- Benchmark Litigation, Euromoney’s inaugural list of the Top 250 women in U.S. litigation (2012)
- Euromoney, Benchmark: America’s Leading Litigation Firms and Attorneys - "State Star," DC (2009-2010)
Pro Bono
- First-chaired an arbitration with the U.S. Department of Agriculture and secured a substantial award for an African-American farmer subjected to discriminatory lending practices.
- First-chaired a criminal trial and secured a judgment of acquittal for a client accused of check fraud.
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