Sascha Henry

Sascha Henry is a partner in our Los Angeles office and a Practice Group Leader of the Business Trial Practice Group.

Areas of Practice

Sascha’s focus includes defending companies against class actions and other sensitive and complex legal challenges. Clients view her as a problem solver using her legal skills to thoughtfully and creatively reach the optimal result for her clients. She regularly litigates cases involving California's Unfair Competition Law and False Advertising Law. Her practice also covers disputes over price gouging, breach of contract, business torts, and theft of trade secrets. Sascha is well-versed in litigation across state and federal trial courts, along with appellate work in the California Court of Appeal and the Ninth Circuit Court of Appeals. In addition to her litigation and trial work, she regularly counsels clients who receive pre-litigation demand letters alleging products and services are misleadingly advertised.

Highlights of Sascha’s successes include:

• Prevailed at the motion to dismiss stage in a consumer class action, convincing the court that no reasonable consumer would be misled by the client’s label regarding the presence of added sugar and argued and prevailed at the appellate level, resulting in a favorable published decision helpful to defendants facing similar claims.
• Led a team of lawyers to favorably resolve a multi-year, complex dispute spanning two state courts, a federal court, and an arbitration involving claims of trade secret theft, allegations of anti-competitive behavior and breach of contract.
• Prevailed on motions for summary judgment in putative class actions that alleged that the client misled consumers about their food and beverages, avoiding class certification.
• Prevailed on multiple motions to dismiss false advertising class actions, arguing that no reasonable consumer could be deceived in a variety of cases.
• Defeated class certification of an alleged nationwide class action involving allegations of false labeling of over-the-counter drug products.
• Argued before the California Second District Court of Appeal, which then affirmed summary judgment in favor of the client in a complex business matter.
• Prevailed in a complex business fraud case, resulting in a jury verdict of over $300 million for the client after a lengthy trial.

Experience

Class Actions:

• Represented throat drop manufacturer in a class action accusing it of false advertising. Prevailed on motion for summary judgment.
• Represented throat drop manufacturer in a class action accusing it of false advertising. Prevailed on motion for judgement on the pleadings.
• Represented throat drop manufacturer in a misleading packaging class action. Prevailed on motion to dismiss.
• Represented beverage retailer in a false labeling class action. Prevailed on a motion to dismiss.
• Represented national restaurant company in class action over alleged false advertising. Prevailed on motion for summary judgment, and defeated class certification.
• Represented national restaurant company in class action over alleged false advertising.
• Represented beverage retailer in two false advertising class actions. Prevailed on both on motion to dismiss.
• Represented supplement manufacturer in false advertising class action relating to product labeling. Prevailed on motion to dismiss.
• Represented national restaurant company 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 three-month 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 online 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 Decisions:

Brownell v. Starbucks Coffee Co., 681 F. Supp. 3d 27, 40 (N.D.N.Y. 2023)

Shaeffer v. Califia Farms, LLC, 44 Cal. App.5th 1125 (2020)

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

Honors

• Leading U.S. Litigator, Lawdragon, 2023-2025
• Best Lawyers in America, Litigation, Best Lawyers, 2018-2025
• Southern California Super Lawyer, Super Lawyers, 2018-2020
• Recommended Lawyer: Media, Technology and Telecoms - Advertising and Marketing: Litigation, Legal 500, 2019
• Top Women Lawyers, Daily Journal, 2012, 2014 and 2020
• Most Influential Women Lawyers, Los Angeles Business Journal, 2019
• Top 20 Under 40, Daily Journal, 2012
• Attorney of the Year, The Recorder, 2012

Articles

FDA Law Blog Posts

• "FDA Proposes Updated Rule for “Healthy” Foods," October 27, 2022

Media Mentions

Speaking Engagements

• Speaker, “Food and Beverage Class Actions: Reasonable Consumer Defense in False Advertising and Deceptive Labeling Cases,” Strafford Webinars, July 30, 2024
• Speaker, "Life After McGinity: Recent Developments in False Advertising Cases in the Ninth Circuit," December 14, 2023
• Speaker, "Price Premium Damages in Class Actions: Establishing Whether Losses Are Capable of Measurement on a Classwide Basis," Strafford webinar, June 22, 2023
• Speaker, "ACI’s 7th Annual Advanced Summit on Food Law – Regulation, Compliance and Litigation," April 19, 2023
• Speaker, "ACI’s Food Litigation in 2022: Analyzing Class-Actions Claims and Other Litigation Activity Affecting the Food and Beverage Industry," Chicago, Illinois, July 13, 2022
• Speaker, "PFAs Litigation and Policy Concerns, Webinar for Restaurant Law Center," June 8, 2022
• Co-Chair, "CLE International’s 6th Annual Food Law Conference," Virtual, March 11, 2021
• Co-Chair, "CLE International’s 5th Annual Food Law Conference," San Francisco, California, March 2-3, 2020
• Co-Chair, "CLE International's 4th Annual Food Law Seminar," UCLA Law Faculty Center, Los Angeles, California, June 6-7, 2019
• Co-Chair, "CLE International’s 3rd Annual Food Law Seminar," Denver, Colorado, April 19-20, 2018
• Speaker, "Consumer Fraud and Product Labeling," CLE International Class Actions Conference, Los Angeles, California, November 8, 2017
• Co-Chair, "CLE International’s 2nd Annual Food Law Seminar," Austin, Texas, May 11-12, 2017
• Co-Chair, "CLE International’s First Annual Food Law Seminar," Washington, D.C., March 17-18, 2016

Events

Memberships

• Member, Steering Committee of the Consumer Goods Litigation Forum – Defense Bar, 2024
• Member, Steering Committee of the Food Litigation Forum – Defense Bar, 2022-2023
• Member, Outside Advisory Board of the Resnick Center for Food Law & Policy at UCLA Law School, 2018 - present
• Member, Board of Directors of the Constitutional Rights Foundation, 2021 – 2023
• Member, Board of Governors, Association of Business Trial Lawyers, 2012 - 2017; Co-Chaired Dinner and Lunch Program Committees
• Member, Food and Supplements Subcommittee, Section of Litigation, American Bar Association, 2015 - 2017
• Member, Leadership California’s Executive Advisory Council, 2015 to 2017; 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

Digital Media