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 false advertising litigation and complex consumer class actions in both federal and state courts.  In addition, Mr. Blynn represents clients in advertising substantiation investigations and inquiries from the Federal Trade Commission (FTC) and state Attorneys General and provides counseling on a variety of advertising and telemarketing-related matters.

Mr. Blynn has successfully represented trade associations, Fortune 100 companies, a national fast-food chain, numerous dietary supplement companies, and a number of other large and small businesses in false advertising litigation brought under the FTC Act, Lanham Act, and state consumer protection laws, and defending putative consumer class actions seeking certification of nationwide and statewide classes.  He is well-versed in electronic discovery rules and best practices, and has made numerous successful burden arguments supporting the narrowing of civil discovery and investigative demands from regulators.  He has also worked closely with well-credentialed scientific and consumer perception experts.

Mr. Blynn also provides ongoing counseling and advice to clients regarding, among other things, advertising substantiation; native advertising and “green” marketing issues; “Made in USA,” “up to,” and other types of claims; disclosures in new media; third-party consumer, celebrity, expert endorsements; compliance and related issues under the Telemarketing Sales Rule (“TSR”), Telephone Consumer Protection Act (“TCPA”), and state telemarketing laws; and telephone call monitoring and recording practices.

In addition to his article contributions to various legal publications and speaking engagements, Mr. Blynn has been an adjunct professor of law at George Washington University Law School, where he taught 1L Legal Research and Writing, and Introduction to Advocacy courses. 

In his free time, Mr. Blynn enjoys hiking and trains as a novice boxer.

Representative Experience

False Advertising, Consumer Class Actions & Complex Litigation

Sterling Jewelers Inc. v. Zale Corp., No. 5:12-cv-02823 (N.D. Ohio). 
Represented Sterling Jewelers, the largest specialty retail jeweler in the United States, in a false advertising action brought under the Lanham Act and Ohio state law, challenging a competitor’s claim that one of its brands of diamonds was “the most brilliant diamond in the world,” resulting in confidential settlement described by trade press as “a victory for Sterling.”   

Scheuerman v. Nestle Healthcare Nutrition, Inc., No. 2:10-cv-03684, 2012 WL 2916827 (D.N.J. July 17, 2012)
Obtained summary judgment on behalf of a manufacturer in putative nationwide false advertising consumer class action challenging advertising and marketing claims (including “clinically proven” claims) for probiotic nutritional supplement drink product,  brought under the New Jersey Consumer Fraud Act, California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act, and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.

Smellie v. Nestle Healthcare Nutrition, Inc., No. 10 31562 (25) (Fla. 17th Jud. Cir. Ct.)
Defeated the plaintiff’s motion to certify a class of Florida purchasers of the defendant’s nutritional supplement drink product, in false advertising consumer class action alleging violations of Florida’s consumer protection statute and breach of express warranty.

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

FTC v. Bronson Partners, LLC, 654 F.3d 359 (2d Cir. 2011).
Represented a dietary supplement company in its appeal in FTC Act litigation. (The appeal related to propriety of granting and measure of restitution only.)  

Hernandez v. Multi Servicios Latinos, No. 2010 CA 009671 B (D.C. Super. Ct.)
Prosecuted and obtained favorable settlement for the plaintiff in the first “notario fraud” false advertising action filed in the District of Columbia, alleging violations of the District of Columbia Consumer Protection Procedures Act against a purported immigration legal services provider and owner. 

Hulme v. Iovate Health Sciences USA, Inc., No. BC391226 (Cal. Super. Ct.)
Defeated the plaintiff’s motion for preliminary injunction and obtained a dismissal in a consumer class action case challenging the advertising claims for a dietary supplement company’s weight loss product.   

Salcido v. Iomedix Cold Int’l SLR, et al., No. BC 387942 (Cal. Super. Ct.)
Obtained a favorable settlement in a consumer class action challenging advertising claims for a dietary supplement company’s cold relief product.  

Thomasson v. GC Services LP, No. 05cv940, 2007 U.S. Dist. LEXIS 54693 (S.D. Cal. July 16, 2007)
Obtained summary judgment on behalf of a defendant-debt collector on all counts in landmark California Invasion of Privacy Act and federal Fair Debt Collection Practices Act class action, arising out of the company’s alleged failure to advise inbound callers that their conversations may be monitored or recorded for quality assurance purposes.  Also represented the company on the first appeal before the Ninth Circuit.  (Thomasson v. GC Services LP, 321 Fed. Appx. 557 (9th Cir. 2008).

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 the defendant challenging the trial court’s grant of class certification; Court of Appeals reversed the order certifying the class and remanded.

Steak n Shake Co. v. Burger King Corp., 323 F. Supp. 2d 983 (E.D. Mo. 2004)
Defeated the applications for a temporary restraining order and preliminary injunction in a case alleging violations of Lanham Act and state trademark and anti-dilution statutes arising out of the client’s introduction of a new menu item called “The Angus Steakburger”.

Iovate Health Sciences Int’l, Inc. v. Med. Research Inst., No. 04cv1817 (N.D. Cal 2004)
Obtained favorable settlement of Lanham Act and California state law false advertising claims asserted against a competitor in the dietary supplements industry.

Telemarketing Litigation

United States, et al. v. Dish Network LLC, No. 3:09-cv-03073 (C.D. Ill.)
Currently defending major satellite communications provider in a case brought on behalf of the FTC and several states alleging violations of the TSR, TCPA, and various state telemarketing and consumer protection laws. 

FTC v. Dish Network LLC, No. 3:12-cv-03221, 2013 WL 958296 (C.D. Ill. Mar. 12, 2013)
Obtained dismissal in a TSR action brought directly by the FTC alleging violations of TSR’s national and entity-specific Do Not Call provisions.

Jay Clogg Realty Group, Inc. v. Burger King Corp., No. 8:13-cv-662 (D. Md.)
Currently defending national fast food chain in TCPA “junk fax” class action.

Recent Representation Before the Federal Trade Commission and State Attorneys General

Lead associate in defending against FTC investigation into home alarm company’s endorsement and testimonial advertising and marketing practices, resulting in successful settlement.

Lead associate in defending against FTC investigation into concussion and other health and safety claims for new and reconditioned football helmets, resulting in closure of investigation.

Lead associate in defending against FTC investigation into marketing claims for dietary supplements and homeopathic products, resulting in successful settlement.

Lead associate in defending against FTC investigation into work-boot and footwear manufacturer’s “Made in USA” advertising and marketing campaign, resulting in closure of investigation.

Lead associate in ongoing defense against Florida Attorney General investigation into Internet network’s faux news advertising practices.

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 the 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 Experience

Millenium Bank, N.A. v. Fairfield Financial Services, Inc., No. 5:08-cv-00285-HL (M.D. Ga.)
Represented plaintiff-bank in a successful settlement of a breach of contract action brought against commercial lender.

Alexander v. The Sports Authority, Inc., No. 07 CV 00479 (D. Md.)
Represented defendant-bicycle manufacturer in a successful settlement of product liability action.

Tara Productions, Inc. v. Transactional Marketing Partners, Inc., No. SC085130 (Cal. Super. Ct. – Los Angeles County)
Represented plaintiff-infomercial production company in a favorable settlement of a breach of contract claim asserted against a direct response marketer.

Memberships & Associations

American Bar Association, Section of Antitrust Law, Consumer Protection Committee, Vice Chair

American Bar Association, Section of Antitrust Law, Advertising Disputes & Litigation Committee, Vice Chair, 2012-2013; Young Lawyer Representative, 2010-2012

Capital Area Immigrants’ Rights (CAIR) Coalition, board member

Professional Activities

Organizer and regular contributor to the “Advertising Disputes & Litigation and Consumer Protection Committees’ Recent Litigation Developments” – an online publication by the American Bar Association’ Section of Antitrust Law’s two consumer protection committees, which summarizes the latest court and NAD decisions, and filings that shape advertising law.

Community Activities

Legal Community AIDS Walk Task Force (LCAT) Core Committee, 2009-2010

Gifts for the Homeless, firm chair, 2005-present

Honors & Awards

2012 Capital Pro Bono High Honor Roll

2011 Carecen Commitment to Justice Award

Pro Bono

Prosecuted false advertising claims in a “notario fraud” action brought under the District of Columbia’s Consumer Protection Procedures Act.

Prosecuted deprivation of civil rights action brought under 42 U.S.C. § 1983 against correctional officers at Maryland prison, resulting in favorable settlement.

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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Publications
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December 2013

Food and Consumer Health Product Claims Substantiation: A Comprehensive Guide

Food and Drug Law Institute Resources

Events
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April 3, 2014

Made in USA Update: Enforcement During the Renaissance of American Manufacturing

Power Equipment Client Information Services’ Semi-Annual Meeting