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Emily Henn
Emily Johnson Henn
Silicon Valley +1 650 632 4715 Download V-card

Emily Henn is a partner in Covington & Burling’s Silicon Valley office and serves as chair of the firm’s Class Action Litigation Practice Group.  Ms. Henn specializes in defending class actions, including antitrust and consumer class actions.  She is also experienced in 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.

  • Lead counsel for multinational consumer products company defending advertising and unfair competition claims in four states.
  • Represent animated film studios in putative class actions in the Northern District of California alleging agreements among companies not to “cold call” each other’s employees.
  • Successful representation of a dietary supplement company in defense of claims brought under Sections 17200 and 17500 and the CLRA concerning marketing and advertising of glucosamine supplements. 
  • Represent a dietary supplement company in defense of claims brought under Sections 17200 and 17500 and the CLRA concerning marketing and advertising of glucosamine supplements.
  • Successfully obtained dismissal of claims against Expedia in multiple federal antitrust class actions related to hotel bookings. 
  • Represent division of Eli Lilly & Company in the Northern District of California and Ninth Circuit defending ADA claims challenging FDA’s approval of animal drugs containing ractopamine hydrochloride.
  • Represent Bacardi in litigation in U.S. District Courts concerning rights to the HAVANA CLUB trademark. 
  • Successfully represented a pharmaceutical company in responding to allegations that advertising of melatonin supplements violated California law.
  • 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 a cosmetics company in responding to allegations that its marketing and advertising of a cosmetics product violated the California Legal Remedies Act. Settled on favorable grounds.
  • 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.
  • Successful representation of Eli Lilly & Company in commercial dispute with a business partner. 
  • Represented Sanofi 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 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.
  • Represented 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.
  • Represented large national banks in the U.S. Supreme Court and in lower federal courts in asserting federal preemption challenges to states’ assertions of regulatory and supervisory authority over the banks’ operating subsidiaries.
  • 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.   
  • 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.

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.
  • Daily Journal, "Top 100 Women Lawyers" (2015-2016) 
  • Legal 500 US, Antitrust - Civil Litigation/Class Actions (2015-2016) and Media, Technology and Telecoms - Marketing and Advertising (2015-2016)
  • Northern California Super Lawyers, Rising Star - Civil Litigation Defense (2011-2012)
  • Benchmark Litigation, Euromoney’s "Top 250 Women in U.S. Litigation" (2012, 2013, 2015)