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 and federal Attorneys General. He also provides counseling on a variety of advertising- and telemarketing-related matters.
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.
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 false advertising, 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
False Advertising, Consumer Class Actions & Complex Litigation
Scheuerman v. Nestle Healthcare Nutrition, Inc., No. 2:10-cv-03684, 2012 WL 2916827 (D.N.J. July 17, 2012)
Primary associate who obtained summary judgment in putative nationwide false advertising 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.)
Primary associate who defeated plaintiff's motion to certify a class of Florida purchasers of defendant’s nutritional supplement drink product, in false advertising action alleging violations of Florida’s consumer protection statute.
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.
Hernandez v. Multi Servicios Latinos, No. 2010 CA 009671 B (D.C. Super. Ct.)
Lead attorney in favorable settlement of District of Columbia Consumer Protection Procedures Act false advertising action brought against purported immigration legal services provider and owner.
Thomasson 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.
Primary associate in ongoing Lanham Act false advertising action challenging representations made by jewelry store chain.
Primary associate who successfully defended false advertising class actions in New Jersey and California, which sought certification of state-only classes against dietary supplement company.
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.
Federal Trade Commission
Primary associate in ongoing defense of actions brought against satellite television provider by FTC alleging violations of the Telephone Consumer Protection Act and Telemarketing Sales Rule.
Primary associate in ongoing representation of company in FTC investigations regarding its 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.
Memberships & Associations
American Bar Association, Section of Antitrust Law, Vice Chair, Private Advertising Litigation Committee
Capital Area Immigrants’ Rights (CAIR) Coalition, board member
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
Honors & Awards
2012 Capital Pro Bono High Honor Roll
Pro Bono
Prosecuted false advertising claims in a “notario fraud” action brought under the District of Columbia’s Consumer Protection Procedures Act.
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.
