Emily Johnson Henn

Consumer Products Industry

• Represented the Procter & Gamble Company in six putative class action lawsuits defending against claims that its personal hygiene wipes were falsely marketed as “flushable.” Resolved all litigation on favorable terms.
• Represented Clorox in putative nationwide class action challenging the labeling of Clorox’s Splash-Less bleach product as misleading under the CLRA, UCL, and FAL. Won motion to dismiss
• Representing consumer goods company in putative class action involving claims alleging deceptive business practices in marketing, advertising, and promotion of charcoal products.
• Representing leading manufacturer of chocolate and cocoa products in a TVPRA class action relating to alleged child labor on cocoa farms in Cote D'Ivoire.
• Represented a cosmetics company in responding to allegations that its marketing and advertising of a cosmetics product violated the California law. Settled on favorable grounds.
• Representing Bacardi in litigation in U.S. District Courts concerning rights to the HAVANA CLUB trademark.
• Represented Spirits International N.V. and Stoli Group (USA) LLC in District Court and Court of Appeals in cases involving trademark, copyright, and state law claims surrounding use of the trademark STOLICHNAYA.

Media and Entertainment Industry

• Represented large media company in a putative class action asserting intrusion upon seclusion and California constitutional privacy claims based on allegations of collection of data from children using its mobile app and use of that data for purposes of amassing profiles and/or serving behavioral advertisements. Achieved settlement on favorable terms.
• Represented Hulu in a putative class action alleging violations of the Video Privacy Protection Act based on alleged disclosure of video-viewing information of individual users. Defeated claims through summary judgment.
• Represented several film studios in multi-defendant antitrust putative class actions alleging unlawful agreements not to “cold-call” each other’s employees. Achieved settlement on favorable terms.
• Represented National Geographic Television Library in U.S. District Court in a trade secret suit involving digital media asset management technology. Represented the company in related arbitration concerning indemnification.

Life Sciences Industry

• Represented division of Eli Lilly & Company in the Northern District of California and Ninth Circuit. Defeated APA claims challenging FDA’s approval of animal drugs containing ractopamine hydrochloride in the district court. Successfully defended ruling on appeal.
• Representing national pharmaceutical distributor McKesson Corporation in cases brought by states, counties, municipalities, and numerous private parties against the manufacturers, distributors, prescribers, and dispensers of prescription opioids.
• Represented a dietary supplement company in defense of claims brought under Sections 17200 and 17500 and the CLRA challenging marketing and advertising of glucosamine supplements and other products. Achieved early favorable resolution of all claims.
• Successfully represented a pharmaceutical company in responding to allegations that advertising of melatonin supplements violated California law.
• Represented Eli Lilly & Company in a significant commercial dispute with a business partner. The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s denial of Amylin’s motion for a preliminary injunction that would have limited the medications that Lilly’s diabetes sale force could promote.
• Represented coalition of pharmaceutical companies in successfully urging reversal of USDA FOIA decision that implicated privacy rights of employees.
• Represented Merck in successfully challenging FDA denial of pediatric exclusivity.
• Drafted amicus curiae brief on behalf of the National Association for Biomedical Research for the California Court of Appeals addressing First Amendment issues surrounding injunction to protect pharmaceutical company and its employees.

Financial Services Industry

• 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.
• Represented large national banks in the U.S. Supreme Court and in lower federal courts in asserting successful federal preemption challenges to states’ assertions of regulatory and supervisory authority over the banks’ operating subsidiaries.

Other

• Successful defense of Lieutenant Governor of American Samoa in complex jury trial involving conspiracy, fraud, bribery, and obstruction charges.
• Successful defense of president of a union trust fund charged with bank fraud, mail fraud, and money laundering in a jury trial in U.S. District Court.