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Emily Henn is a partner in Covington's Palo Alto office who specializes in defending class actions. Her practice encompasses advertising, antitrust, privacy, product defect, and consumer protection matters in the technology, entertainment, banking, and food, drug and 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. She previously served as chair of Covington’s Class Action Practice Group and currently is a member of the firm’s eight-partner Management Committee.
Ms. Henn has been recommended by Legal 500 US, Antitrust - Civil Litigation/Class Actions (2015-2017), named to the Daily Journal’s “Top Women Lawyers” list (2015, 2016), and named to Benchmark Litigation, Euromoney’s list of the Top 250 women in U.S. litigation (2012, 2013, 2015-2019). She is also a recipient of the Women of Influence award from the Silicon Valley Business Journal.
- Represent technology, media, and social gaming companies in consumer class actions alleging privacy and unfair competition 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 APA 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.
January 13, 2021, Covington Alert
There were several notable developments in the fourth quarter of 2020 affecting class actions. The Supreme Court is poised to decide whether a damages class can be certified when a large portion of the class lacks Article III standing. Multiple cases were decided relating to the interpretation and impact of arbitration provisions on class actions and other types ...
October 6, 2020, Covington Alert
Covington's Class Action Litigation Group has assembled an update that highlights and discusses several notable developments in the third quarter of 2020 affecting class actions.
July 7, 2020, Covington Alert
There were several notable developments in the second quarter of 2020 affecting class actions. The Judicial Panel of Multidistrict Litigation will hold a hearing at the end of July on several requests to consolidate lawsuits related to the COVID-19 pandemic on an industry-wide basis. Courts issued important decisions addressing Article III standing and the ...
June 25, 2020
WASHINGTON—The Women in Law Empowerment Forum (WILEF) has named Covington to its 2020 Gold Standard Certification list in both the United States and United Kingdom. This is the sixth year in which the firm has been recognized in the U.S. and the first for both countries. WILEF grants Gold Standard status to major law firms that meet objective criteria ...
May 1, 2020, Covington Alert
There were several notable developments in the first quarter of 2020 affecting class actions. Courts issued important decisions addressing whether defendants could raise Article III standing or personal jurisdiction defenses to defeat the claims of putative class members. A federal court in California called one company’s efforts to avoid its arbitration ...
February 2020
Covington's class action practice is pleased to launch a multi-part video series with insights on recent class action developments and trends. In our Navigating Class Actions series, partners Sonya Winner, Andrew Ruffino, Emily Henn, Henry Liu, Andrew Soukup, Ashley Simonsen, and Louise Freeman address: Class certifications Emerging issues and privacy ...
August 26, 2019, The National Law Journal
Beth Brinkmann spoke with the National Law Journal and discussed her recent win at the Supreme Court, her former national appellate practice for the federal government, and the role of other women Supreme Court clerks as leaders at Covington. Ms. Brinkmann marked her 25th argument before the Supreme Court with a win in a major patent case against the federal ...
May 10, 2017, Silicon Valley Business Journal
Emily Henn was profiled by Silicon Valley Business Journal as a part of the publication's "Women of Influence" feature, honoring 100 of the most influential business women in Silicon Valley.
May 2, 2017, Law360
Emily Henn is quoted in a Law360 article regarding the evolving state of class action litigation following the Class Action Fairness Act (CAFA) and 2011 Concepcion decision. According to Henn, “There’s a level of attention that courts pay to certification decisions now that makes them much more predictable now that class actions are increasingly brought in ...
April 26, 2017
SILICON VALLEY—Silicon Valley Business Journal has named Covington partner Emily Henn to its annual “Women of Influence” list, honoring “100 of the most influential business women in Silicon Valley.” Ms. Henn serves as co-chair of the firm’s Class Action Litigation Practice, specializing in defending antitrust, consumer, and other types of class actions. Ms. ...
May 16, 2016, Covington Alert
In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate ...
April 20, 2016
LOS ANGELES — Covington partners Emily Henn, Robyn Polashuk and Sonya Winner have been named to the Daily Journal’s annual list of “Top Women Lawyers” in California. The list recognizes 100 lawyers who “try complex commercial disputes and put together industry-transforming deals.” Ms. Henn, based in the firm’s Silicon Valley office, co-chairs the firm’s Class ...
October 30, 2015
SILICON VALLEY, October 30, 2015 - The Legal Services Corporation (LSC) has presented Covington its “Pro Bono Service Award” in recognition of the firm’s extraordinary commitment to equal justice through its longstanding support of economically disadvantaged individuals and families through pro bono work with Bay Area Legal Aid (BayLegal). “Public service is a ...
May 18, 2015
SILICON VALLEY, May 15, 2015 — Covington partners Emily Johnson Henn and Robyn Polashuk have been named to the Daily Journal’s list of “Top Women Lawyers” in California. The list recognizes 100 lawyers who “try complex commercial disputes and put together industry-transforming deals.” Ms. Henn, based in the firm’s Silicon Valley office, was recognized for her ...
August 5, 2013
WASHINGTON, DC, August 5, 2013 — SPI, owners of the famous STOLICHNAYA brand, secured a significant victory today, defeating the Russian Federation’s nine-year battle to take SPI’s rights in the U.S. STOLICHNAYA trademark. STOLICHNAYA is one of the bestselling vodkas in the world. The U.S. Court of Appeals for the Second Circuit affirmed complete dismissal of ...
8/23/2012
SAN FRANCISCO, August 23, 2012 — Northern California Super Lawyers selected 24 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Northern California based on peer review and the publication’s independent research. Robert Fram and Robert Haslam were named among ...
July 13, 2011
SAN FRANCISCO, July 13, 2011 — Twenty-two Covington & Burling LLP lawyers are recognized in the 2011 edition of Northern California Super Lawyers. The annual list by Super Lawyers selects only five percent of the total lawyers in the state based upon peer review and the publication’s independent research. Fourteen Covington lawyers were named Northern ...
October 8, 2010
WASHINGTON, DC, October 8, 2010 — The U.S. Court of Appeals for the Second Circuit issued an opinion and summary order today in the case of Federal Treasury Enterprise Sojuzplodoimport (“FTE”), et al. v. Spirits International N.V. (“SPI”), et al., Case No. 06-3532-cv. At stake in the lawsuit are, among other things, the U.S. rights to the famous STOLICHNAYA ...
August 9, 2010
REDWOOD SHORES, CA, August 9, 2010 — Covington & Burling LLP is pleased to announce that three partners from its Washington, D.C. office, Kurt Calia, Emily Henn, and Emily Leonard, have relocated to the Silicon Valley office. Their move will strengthen the link to the firm’s deep regulatory roots as well as further enhance the firm’s transactional and litigation ...
Mistrial Declared in Trial of Lt. Gov. of American Samoa
February 23, 2010
WASHINGTON, DC, February 23, 2010 — The U.S. District Court for the District of Columbia has declared a mistrial in the trial of Lt. Governor Aitofele Sunia of the U.S. territory of American Samoa. U.S. District Judge Reggie B. Walton declared the mistrial following nine days of deliberations in which jurors could not reach a verdict. Today, the panel announced ...
Covington Named to NLJ’s ‘Appellate Hot List’
4/9/2008
WASHINGTON, DC, April 9, 2008 — Covington & Burling LLP has been named to The National Law Journal’s inaugural “Appellate Hot List.” The “Hot List,” featured in the publication’s April 7 issue, recognizes 20 firms whose appellate track records included significant 2007 victories in cases with high financial stakes or that presented important legal principles. ...
11/16/2007
WASHINGTON, DC, November 16, 2007 — Covington & Burling LLP was awarded the WORLDleaders International IP Award for trademark excellence at an awards dinner held at the Grosvenor House in London last night. The WORLDleaders IP Awards are presented annually by the publishers of Trademark World, Patent World, and Copyright World, the world’s leading titles for ...
Covington Elects Six New Partners
10/1/2007
WASHINGTON, DC, October 1, 2007 — Covington & Burling LLP announced that six of its associates have been elected to the firm’s partnership, effective today. Stuart Stock, chair of the firm’s management committee, commented, “These six outstanding men and women are representative of Covington’s depth and excellence. We are pleased to welcome them to our ...
4/17/2007
WASHINGTON, DC, April 17, 2007 — The United States Supreme Court ruled today that attempts by the states to license, examine, and supervise the banking activities of national banks or their operating subsidiaries are preempted by the National Bank Act. The 5-3 ruling in Watters v. Wachovia Bank, N.A., No. 05-1342, is an important victory for national banks and ...
12/06/2006
WASHINGTON, DC, December 6, 2006 — The Supreme Court handed down a favorable decision in Lopez v. Gonzales, a significant immigration case in which Covington represented the petitioner, Jose Antonio Lopez. The Court's opinion, written by Justice Souter, holds that state drug convictions do not count as "aggravated felonies" for purposes of federal immigration ...
- Silicon Valley Business Journal, "2017 Women of Influence”
- Daily Journal, "Top 100 Women Lawyers" (2015-2016)
- Legal 500 US, Antitrust - Civil Litigation/Class Actions (2015-2017) 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, 2015-2019
Practices
Education
Georgetown University Law Center, J.D., 1999
- Georgetown Law Journal, Editor-in-Chief
- magna cum laude
- Order of the Coif
- magna cum laude