Kelsey C. Boehm
Senior Counsel
Kelsey C. Boehm assists Foley’s clients in a wide array of complex commercial litigation matters including class action defense, contract disputes, and intellectual property matters.
Kelsey has substantial experience advising clients in the food and beverage, fashion and beauty, health care, and automotive industries. Kelsey has secured favorable results for clients across all phases of litigation, including pleading stage, discovery, summary judgment, mediation, arbitration and trials, and appeals.
Representative Experience
- Defend various food and product packaging companies against claims of false advertising and improper labeling
- Represented a health care company during a month-long arbitration hearing, which resulted in a judicial confirmation of a final award in excess of $285,000,000 for Foley’s client
- Represent numerous automobile and food manufacturers in cases involving breach of contract and warranty claims
- Represent clients in environmental litigation, including nuisance suits brought by private landowners relating to groundwater contamination and noxious odors
- Represent medical instrument manufacturers in patent infringement cases
- Represent e-Commerce companies in intellectual property disputes
- Defend retailers against claims that product labels were false and misleading
- Represent clients in administrative proceedings relating to various issues such as environmental permits and Medicaid audits
Awards and Recognition
- Received, Best Lawyers: Ones to Watch recognition for Commercial Litigation (2024)
Professional Affiliations
- Associate Advisory Board Member, Legal Aid Foundation of Colorado
- Infrastructure Committee Member, Denver Metro Chamber of Commerce
- Member, Colorado Bar Association
- Member, Association for Women Lawyers
District Courts Apply Ninth Circuit Precedent to Dismiss Deceptive Labelling Claims
The Ninth Circuit Court of Appeals recently issued three noteworthy decisions holding that courts may consider information on the back or side of consumer product labels to clarify any ambiguous language on the front labels in considering whether consumer protection claims are plausibly alleged at the pleading stage.
Foley Attorneys Recognized in 2024 Best Lawyers in America
Foley & Lardner LLP proudly announced today that 236 of the firm’s attorneys across 20 U.S. offices have received recognition in the 2024 edition of The Best Lawyers in America©.
Ninth Circuit Holds that Implied Preemption Bars State Law Claims Based on a Violation of the FDCA
In Nexus Pharmaceuticals, Inc. v. Central Admixture Pharmacy Services, Inc., 48 F.4th 1040, 1041 (9th Cir. 2022), the Ninth Circuit recently held that the implied preemption doctrine barred state law claims because they were contrary to the Food, Drug, and Cosmetic Act’s (“FDCA”) exclusive enforcement provision prohibiting private enforcement of the law.
Developments in Biometric Information Privacy Laws
Since Illinois enacted BIPA, more states are either adopting or modeling legislation on the issue. Read on to stay up-to-date with the latest developments.
Risto v. Screen Actors Guild: A Look at Article III Standing of Absent Class Members in the Ninth Circuit
Article III standing is a threshold jurisdictional requirement in all cases, including putative class actions. It is well settled that a named plaintiff must have constitutional standing throughout a case for subject matter jurisdiction to exist.
Wisconsin Law Journal Highlights Foley Lawyers Working in Milwaukee to Protect Election
The Wisconsin Law Journal highlighted the work of Foley lawyers from around the country who came to Wisconsin on election day to work at polls to insure voters a smooth voting experience.