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| Phone: (202) 342-8634 |
Fax: (202) 342-8451 |
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Daniel Blynn is an Associate in the Firm’s Litigation Practice Group. He concentrates primarily on civil litigation and complex class actions. Mr. Blynn has represented clients in both state and federal courts, as well as advocated on their behalf at the federal appellate level. In addition, Mr. Blynn represents clients in advertising substantiation investigations and inquiries from the Federal Trade Commission (FTC).
Mr. Blynn is also actively involved in various pro bono political asylum and other matters. |
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Representative Experience:
Mr. Blynn's litigation and administrative experience includes:
- The Lanham Act.
- False advertising claims.
- Unfair and deceptive acts and practices actions.
- Consumer class actions on nationwide and statewide scales.
- Constitutional law advocacy.
- Challenges to administrative rulemakings.
- State and federal Attorney General and agency investigations.
Mr. Blynn has successfully represented trade associations, Fortune 100 companies, a national fast-food chain, and a number of other large and small businesses.
Mr. Blynn's recent notable and reported cases and other experience include:
Consumer Class Actions & Complex Litigation
- Hulme, et al. v. Iovate Health Sciences USA, Inc., et al., No. BC391226 (Cal. Super. Ct.). Currently defending dietary supplement company in putative class action challenging its advertising practices.
- Salcido, et al. v. Iovate Health Sciences USA, Inc., et al., No. BC387942 (Cal. Super. Ct.). Currently defending dietary supplement company in putative class action challenging its advertising practices.
- Brazil v. Dell Inc., No. C07-01700, 2008 WL 2693629 (N.D. Cal. July 7, 2008). Obtained dismissal of complaint in putative class action challenging computer company's advertising practices.
- Thomasson, et al. v. GC Services LP, No. 05cv940, 2007 U.S. Dist. LEXIS 54693 (S.D. Cal. July 16, 2007). Obtained summary judgment on behalf of defendant-debt collector on all counts in landmark California Invasion of Privacy Act and federal Fair Debt Collection Practices Act class action. Currently representing the company on appeal.
- GMAC Commercial Mortgage Corp. v. Texas Bay Oaks LP, 2005 Tex. App. LEXIS 6857 (Tex. Ct. App. Aug. 24, 2005) Drafted amicus curiae brief in support of defendant challenging the trial court's grant of class certification; Court of Appeals reversed order certifying class and remanded.
Federal Trade Commission
- "Made in USA" Inquiry. Successfully represented a shoe manufacturer in an FTC inquiry into its "Made in USA" advertising and marketing campaign.
Constitutional Law
- Council of Insurance Agents & Brokers v. Molasky-Arman, 358 F. Supp. 2d 981 (D. Nev. 2004), aff'd, 522 F.3d 925 (9th Cir. 2008) (affirming district court in all respects). Obtained summary judgment in a constitutional challenge to state insurance "countersignature law" under the Privileges and Immunities and Equal Protection Clauses, and successfully represented association on appeal.
- Council of Insurance Agents & Brokers v. Juarbe-Jimenez, 363 F. Supp. 2d 47 (D. P.R. 2005), aff'd, 443 F.3d 103 (1st Cir. 2006) (affirming district court in all respects and awarding costs to the Council). Tag-along case to Molasky-Arman resulting in the same disposition with respect to Puerto Rico's countersignature laws.
- Council of Insurance Agents & Brokers v. Richards, 2006 U.S. Dist. LEXIS 49425 (D.V.I. July 18, 2006). Tag-along case to Molasky-Arman resulting in the same disposition with respect to the Virgin Islands' countersignature law.
- Council of Insurance Agents & Brokers v. Viken, 408 F. Supp. 2d 836 (D.S.D. 2005). Tag-along case to Molasky-Arman. After a bench trial, the district court rendered judgment in favor of the Council of Insurance Agents & Brokers finding that South Dakota’s countersignature law violated the Privileges and Immunities Clause.
Other Cases
- Millenium Bank, N.A. v. Fairfield Financial Services, Inc., No. 5:08-cv-00285-HL (M.D. Ga.). Currently representing commercial lender in breach of contract action against another bank.
- Alexander v. The Sports Authority, Inc., No. 07 CV 00479 (D. Md.). Currently defending a bicycle manufacturer against product liability claims.
- FTC v. Neovi, Inc., et al, No. 06cv1952 (S.D. Cal.). Currently representing a subpoenaed non-party direct-to-consumer check printing company in an FTC action brought against one of its competitors.
- The Fishing Company of Alaska v. Gutierrez, No. C07-2059 (W.D. Wash.). Currently representing commercial fishing company in consolidated action challenging a Government regulation restricting commercial fishing.
- The Fishing Company of Alaska v. Gutierrez, 510 F.3d 328 (D.C. Cir. 2007). Successful representation of commercial fishing company in its Magnuson-Stevens Act challenge to Government regulation restricting commercial fishing in the Bering Sea. The D.C. Circuit reversed the district court’s award of summary judgment to the Government.
- Tara Productions, Inc. v. Transactional Marketing Partners, Inc., No. SC085130 (Cal. Super. Ct. - Los Angeles County). Favorable settlement of a breach of contract claim asserted against direct response marketer in the informercial and commercial production industry.
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Publications:
"An Executive’s Guide To Responding To Third-Party Subpoenas," Association Executive, January/February 2008.
"Novel Class Actions Seek Application of California Eavesdropping Law to Ordinary Course-of-Business Telephone Monitoring and Recording," Privacy & Data Security Law Journal, February 2007. |
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Bar Admissions:
District of Columbia
Maryland
United States Court of Appeals for the First Circuit
United States Court of Appeals for the Ninth Circuit
United States Supreme Court
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| Education:
Wake Forest University, JD, 2003
Johns Hopkins University, BA, 2000
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Teaching:
Adjunct Professor of Law at George Washington University Law School teaching Legal Research and Writing (Fall 2008).
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007-5108
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