Sascha Henry

Sascha Henry: Attorney with Sheppard, Mullin, Richter & Hampton LLP

Biography

Sascha Henry is a partner in the Business Trial Practice Group in the firm's Los Angeles office. She leads the firm's food and beverage industry team, and co-leads the consumer class action defense team.

Ms. Henry defends clients in complex business litigation and consumer class actions:

•She prevailed on a motion for summary judgment in a putative class action alleging the client, a national restaurant chain, misled consumers about its food.
•She also prevailed on two motions to dismiss in false advertising class actions, arguing that no reasonable consumer could be deceived by the alleged description of a beverage size.
•She defeated class certification of an alleged nationwide class action involving allegations of false labeling of food.
•She argued a case before the California Second District Court of Appeal, and the court then affirmed summary judgment in favor of the client in a complex business matter.
•In 2011, she prevailed in a complex business fraud case, resulting in a jury verdict of over $300 million for the client after a lengthy trial.

Ms. Henry's experience includes actions involving:

•Alleged violations of California's Unfair Competition Law and False Advertising Law and other state's equivalents, including Florida's Unfair and Deceptive Trade Practices Act and New York's General Business Law 350
•Breach of contract
•Alleged theft of trade secrets
•Business torts

Ms. Henry has also litigated disputes with distributors, privacy rights, defamation, truth in lending laws, sovereign immunity and Insurance Code violations. She also counsels clients regarding business practices as they relate to consumers of goods and services.

Ms. Henry experience includes state and federal trial courts, as well as appellate work in the California Court of Appeal and the Ninth Circuit Court of Appeals.

Honors

•Top Women Lawyers , Daily Journal, 2012, 2014
•Top 20 Under 40 , Daily Journal, 2012
•Attorney of the Year , The Recorder, 2012

Experience

Class Actions

Represents beverage retailer in false advertising class action.

Represented national restaurant chain in class action over alleged false advertising. Prevailed on motion for summary judgment, and defeated class certification.

Represents national restaurant company in class action over alleged false advertising.

Represented beverage retailer in false advertising class actions. Prevailed on motion to dismiss.

Represented supplement manufacturer in false advertising class action relating to product labeling. Prevailed on motion to dismiss.

Represented national restaurant chain in false advertising class action relating to menus. Defeated class certification and matter resolved favorably for client.

Represented supplement manufacturer in false advertising class action. Prevailed on motion to dismiss.

Represented cosmetic manufacturer in false advertising class action. Resolved by favorable settlement.

Represented insurer in class action alleging class was owed interest on deposits paid. Prevailed on summary judgment and judgment was affirmed on appeal.

Represented law firm in class action against allegations of malpractice. Resolved by favorable settlement.

Represented storage facility in class action against allegations of statutory violations related to insurance program. Resolved by favorable settlement.

Represented internet-based company in class action alleging false advertising and unfair business practices. Resolved by favorable settlements.

Represented lender in class action alleging class members' privacy rights were violated. Prevailed in arbitration, and judgment in favor of client was affirmed on appeal.

Represented app developer in class action alleging class members' privacy rights were violated. Case against client dismissed.

Represented lender in class action alleging class members were deceived into paying undisclosed fees. Prevailed on summary judgment, and judgment was affirmed on appeal.

Complex Business Cases

Represented real estate developer in dispute regarding sales commissions. Prevailed on summary judgment and judgment was affirmed on appeal.

Represented insurer against policyholder in complex fraud and deception case. Prevailed after lengthy jury trial.

Represented technology company in license dispute. Resolved in client's favor.

Represented lenders in connection with fraud committed by borrowers. Resolved by favorable settlement.

Represented manufacturer in complex dispute with distributor. Resolved by favorable settlement.

Represented on-line marketing service in dispute with marketing vendor. Resolved by favorable settlement.

Represented pharmaceutical company in dispute with vendor. Prevailed in arbitration, and judgment in favor of client was affirmed on appeal.

Published Appellate Decisions

State Comp. Ins. Fund v. Sup. Ct. , 184 Cal. App. 4th 1124 (2010)

Articles

•Food and Beverage Class Actions: Trends and Potential Developments
American Bar Association: The Woman Advocate , May 24, 2016
•Food & Beverage Class Actions: Early and comprehensive legal frameworks and defense strategies
Metropolitan Corporate Counsel , March 29, 2016
•The New Normal: The Need for Damages Proof To Certify Consumer Classes Post-Comcast
Bloomberg BNA: Class Action Litigation Report , March 28, 2014
•'Natural' suits persist absent FDA definition
Los Angeles Daily Journal , January 6, 2014

Class Action Defense Strategy Blog Posts

• Ninth Circuit Concludes That Common Issues Do Not Predominate Where Retailer's In-Store Signs and Oral Sales Statements Place Each Putative Class Member's Exposure to Misleading Statements in Doubt, February 13, 2014

Media Mentions

•Law360's Weekly Verdict: Legal Lions & Lambs
Law360 , August 25, 2016
•Food Labeling Cases Prove Tough For Plaintiffs' Lawyers
Daily Journal , January 9, 2015
•5 Tips For Defeating A Class Cert. Bid
Law360 , June 24, 2014
•Top Women Lawyers - Sascha Henry
Daily Journal , May 7, 2014
•Famine and Feast
Inside Counsel , April 1, 2014

Speaking Engagements

•Co-Chair, CLE International's Food Law Seminar, Austin, TX, May 11-12, 2017 (upcoming)
•Co-Chair, CLE International's Food Law Seminar, Washington, D.C., March 17-18, 2016
•Speaker, The Class Standing Doctrine: How Close Must Putative Class Claims Be to Those of the Class Representative, CLE International Conference, Washington, D.C., October 3, 2013
•Speaker, Class Action Laws In Motion: A Brief Overview of Some Monumental Changes over the Past Six Months, CLE International Conference, Chicago, October 4, 2012
•Speaker, Recent Trends in False Advertising Law: The Import of Kwikset and Mazza, CLE International's Class Actions Conference in Los Angeles, May 17, 2012

Areas of Practice (13)

  • Healthcare
  • Litigation
  • Class Action Defense
  • Financial Institutions Litigation
  • Insurance Litigation
  • Wildfire Litigation
  • Privacy and Cybersecurity
  • Advertising
  • Financial Services
  • Food and Beverage
  • Insurance
  • Mortgage Banking
  • Self-Storage

Education & Credentials

Contact Information:
213.617.5562  Phone
213.620.1398  Fax
www.sheppardmullin.com
University Attended:
Pennsylvania State University, B.A., 1994
Law School Attended:
University of Minnesota, J.D., cum laude, 1997
Year of First admission:
1997
Admission:
California; Fourth Circuit Court of Appeals; Central, Southern and Northern Districts of California; Eleventh Circuit Court of Appeals; Ninth Circuit Court of Appeals
Memberships:

Memberships

•Member, Association of Business Trial Lawyers 2012-present, Board of Governors; Co-Chair of Dinner Program Committee (present)
•Member, Food Law Committee California State Bar (2015 to present)
•Member, Food and Supplements Subcommittee, Section of Litigation, American Bar Association (2015 to present)
•Member, Leadership California's Executive Advisory Council (2015 to present); past board member
•Member, Los Angeles County Bar Association
•Member, Class Actions and Derivative Suits Committee
•Member, Women's Advocate Committee, Section of Litigation, American Bar Association

ISLN:
912430797

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