Daniel J. Herling

Mintz’s Appellate team successfully defended a denial of class certification in the Ninth Circuit, which arose in a suit filed against Benihana regarding the inclusion of imitation crabmeat in certain of the restaurant’s sushi rolls.

Mintz serves as national counsel to a multinational manufacturer of parts used in industrial and consumer products, assisting the company with litigation prevention and handling product liability lawsuits throughout the United States and Canada.

Mintz successfully argued against certification of a federal class action suit against adidas America involving the company’s Springblade running shoes. The judge agreed that adidas did not knowingly conceal information from consumers.

Mintz obtained a voluntary dismissal of a putative class action filed in Florida against a manufacturer of products that require compliance with UL standards. Mintz’s dismissal motion noted that the defendant had no corporate or operational presence in Florida.

Mintz negotiated a favorable settlement of two California state court cases for a pet food manufacturer over the company’s alleged violations of California and federal regulations related to nonfunctional slack fill.

Mintz helped a manufacturer of plant-based, non-GMO snacks reach an early resolution of a false advertising lawsuit that challenged the company’s use of the term all-natural. Mintz attorneys have significant experience advising food and beverage clients on packaging and labeling law.

Mintz helped a hair products manufacturer respond to a violation notice concerning California’s proposition 65, which requires businesses to provide warnings about exposures to certain chemicals. Mintz established that the products were subject to the statute’s Safe Harbor provisions.

Mintz helped a manufacturer of household cleaning products free of harmful chemicals reach a global settlement that resolved two class actions alleging violations of New York and Illinois unfair trade practices acts regarding the use of the advertising term "natural."