Proskauer on Advertising Law
Proskauer on Advertising Law
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Emily H. Kline

Associate

Emily Kline is an associate in the Litigation Department. Her practice involves a variety of complex commercial litigation matters, including product liability, trade secret misappropriation, false advertising, antitrust, and contract disputes. Emily has experience in all stages of litigation, including drafting pleadings, coordinating discovery, briefing dispositive and discovery motions, preparing witnesses for depositions, trial, and appeal. She has represented clients in both state and federal courts, as well as in arbitrations and government investigations.

Emily also maintains a diverse pro bono practice, with an emphasis on immigration issues. Emily has represented multiple clients seeking specialized visas for victims of gender-based violence and for minors who have been abandoned.

Prior to joining Proskauer, Emily earned her J.D. from Columbia Law School, where she was an editor of the Human Rights Law Review. While at Columbia, she interned at Volunteer Lawyers for the Arts, a legal services nonprofit, and in the Consumer Frauds and Protections Bureau of New York State Attorney General’s Office. She also worked as a judicial intern for the Honorable Kiyo A. Matsumoto at the United States District Court for the Eastern District of New York.

Prior to law school, she served for two years as a Teach for America Corps Member in Oakland, California. She has a B.A. in History from Northwestern University.

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Court Gives Vanilla Ice Cream False Advertising Claims a Frosty Reception

Judge Louis L. Stanton of the Southern District of New York recently granted defendant Wegmans Food Markets’motion to dismiss claims alleging that Wegmans falsely labels its vanilla ice cream. Plaintiffs sued Wegmans for false advertising, negligent misrepresentation, and deceptive acts in violation of federal and state law, alleging that despite labeling its product “vanilla ice … Continue Reading

Second Circuit Finds Consumer Suit Against Dunkin’ Not Well Done

A Second Circuit panel recently affirmed the dismissal of a putative false advertising class action against Dunkin’ Brands, which alleged the company misled consumers as to the contents of products Dunkin’ described as “Angus steak.” Chen v. Dunkin’ Brands, 18-cv-3087 (2d Cir. Mar. 31, 2020). The complaint asserted claims under various state consumer protection laws, … Continue Reading

The Fun Did Stop for Pringles False Advertising Class Action

On January 31, 2020, Southern District of New York Judge Alvin Hellerstein denied Plaintiff Matthew Marotto’s motion for reconsideration of an order denying class certification in his lawsuit against Pringles potato chip maker Kellogg over allegedly misleading labeling of Pringles cans. Marotto v. Kellogg, No. 1:18-cv-03545 (S.D.N.Y. Jan. 31, 2020).… Continue Reading

Food for Thought: Outcomes of Food Labeling Cases Prove Difficult to Predict

As we wrote recently, the past year has seen a proliferation of lawsuits alleging that food product labels mislead consumers about the product’s ingredients. The trend continued last month, with decisions from the Court of Appeals for the First Circuit and one of its district courts reaching different results on motions to dismiss complaints alleging … Continue Reading

SDNY Judge Not Sweet on Dannon’s Bid for a Preliminary Injunction

In a battle of leading yogurt beverage makers, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York recently denied Dannon’s application for a preliminary injunction in its false advertising suit against Chobani. The result of Judge McMahon’s decision is that Chobani can continue to sell its yogurt drinks … Continue Reading

Eleventh Circuit Works Out Preclusion and Preemption Issues in Protein Powder Dispute

On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals’ suit against HBS International Corp. for alleged violations of the Lanham Act and Georgia’s Uniform Deceptive Trade Practices Act. Hi-Tech Pharmaceuticals, Inc. v. HBS International Corp., No. 17-13884 (11th Cir. 2018). Hi-Tech alleged that the label of HBS’s protein-powder supplement – … Continue Reading
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