Kelley Drye

Attorneys & Professionals 

Daniel S. Blynn

Associate Email vCard
Washington, D.C.
Phone: (202) 342-8634
Fax: (202) 342-8451
Dan Blynn is an associate in the firm’s Washington, D.C. office. His practice 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) and state and federal Attorneys General.

Mr. Blynn’s litigation and administrative experience includes false advertising litigation under the Lanham Act, unfair and deceptive acts and practices actions, and consumer class actions on nationwide and statewide scales. He also focuses on constitutional law advocacy and challenges to administrative rulemakings.

Mr. Blynn has successfully represented trade associations, Fortune 100 companies, a national fast-food chain, an international dietary supplement company, and a number of other large and small businesses. He is also actively involved in various pro bono political asylum and other matters.

In addition to his article contributions to various legal publications, Mr. Blynn has been an adjunct professor of law at George Washington University Law School, where he taught legal research and writing.
Representative Experience

Consumer Class Actions & Complex Litigation

Primary associate in ongoing defense of false advertising class actions, pending in New Jersey, Florida, and California, which seek certification of nationwide and state-only classes against several dietary supplement and healthcare companies.

Primary associate prosecuting false advertising claims in a "notario fraud" action brought under the District of Columbia's Consumer Protection Procedures Act.

Nat'l Consumers League v. Nestlé Healthcare Nutrition, Inc., No. 0005772-10 (D.C. Super. Ct. Feb. 23, 2011) 
Lead attorney who obtained dismissal of false advertising action asserting violations of the District of Columbia's Consumer Protection Procedures Act.

Thomasson, et al. v. GC Services LP, No. 05cv940, 2007 U.S. Dist. LEXIS 54693 (S.D. Cal. July 16, 2007)
Primary associate who 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; represented the company through appeal.

GMAC Commercial Mortgage Corp. v. Texas Bay Oaks LP, 2005 Tex. App. LEXIS 6857 (Tex. Ct. App. Aug. 24, 2005)
Primary author of 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

Primary associate in ongoing representation of several companies in FTC investigations regarding their respective advertising and marketing claims.

Primary associate in successful representation of a dietary supplement manufacturer in an FTC investigation regarding its advertising and marketing claims.

“Made in USA” Inquiry. Primary associate in successful representation of 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)
Primary associate who 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)
Primary associate in 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)
Primary associate in 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)
Primary associate in 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.)
Part of team that successfully settled breach of contract action against commercial lender.

Alexander v. The Sports Authority, Inc., No. 07 CV 00479 (D. Md.)
Part of team that successfully settled product liability action against bicycle manufacturer.

Tara Productions, Inc. v. Transactional Marketing Partners, Inc., No. SC085130 (Cal. Super. Ct. – Los Angeles County)
Lead attorney in favorable settlement of a breach of contract claim asserted against direct response marketer in the infomercial and commercial production industry.

Primary associate who defeated the plaintiff's motion for a temporary restraining order/preliminary injunction, and obtained a favorable settlement, in a Lanham Act and state consumer protection action arising out of a fast food restaurant's introduction of a new menu item.

Memberships & Associations
American Bar Association, Section of Antitrust Law, Young Lawyer Representative, Private Advertising Litigation Committee
Professional Activities
Organizer and regular contributor to the "Private Advertising Litigation (PAL) Recent Litigation Developments" – an online publication by the American Bar Association’s Private Advertising Litigation Committee that summarizes the latest cases that shape advertising law.
Community Activities
Legal Community AIDS Walk Task Force (LCAT) Core Committee, 2009

Gifts for the Homeless, firm chair, 2005-present
Pro Bono
Represented individuals from Sierra Leone and the Central African Republic before the Department of Homeland Security resulting in both individuals’ applications for asylum being granted.
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Events
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October 12, 2011

Consumer Protection and Advertising Law: An Emerging Practice with Exciting Career Opportunities

The American Bar Association Section of Antitrust Law