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New Hampshire Joins Data Protection Trend, Passes Comprehensive Data Protection Law
  1. People

Emily Jaye Johnson

She / Her / Hers

Managing Associate
Columbus
T.
614.223.9319
liamE

Emily counsels sophisticated clients through complex commercial litigation, including contract disputes and consumer class actions, and advises retail and e-commerce businesses on emergent regulatory and legislative issues.

She regularly defends clients facing individual and class actions brought under state and federal privacy and consumer protection statutes, and routinely counsels clients facing false labeling and advertising claims. Emily is a trusted resource by several retail and e-commerce clients and is frequently asked to provide guidance on a broad range of consumer-facing issues such as website privacy disclosures, marketing and advertising language, product labeling, junk fees, automatic renewal issues, influencer compliance, and consumer review hosting and related policies. Emily has also served as counsel for businesses involved in contract disputes, defamation litigation, commercial insurance matters, and mass tort multi-district litigation, as well as advising on regulatory matters in burgeoning industries, including personal care products, cannabis and transportation and logistics.

Emily often represents clients in disputes related to website accessibility under the ADA and correlating state laws as well as clients facing website privacy cases, consumer class actions, individual suits, and arbitrations arising from consumers’ use of websites and apps. She also has a wealth of experience representing and advising clients regarding subpoena responses. A natural problem-solver, Emily thrives when digging into complicated factual investigations, performing detailed and goal-oriented legal research and crafting legal briefs and memoranda.

*Matter completed prior to joining Benesch.

Representative Experience

  • Achieved full dismissal of putative class action based on waterproof advertising claims against outdoor apparel & footwear retailer.

  • Defended coast-to-coast putative consumer class actions seeking to hold country’s largest drug store chain liable for pain relief patch product labeling.

  • Defended household-name personal care products company in series of class actions concerning the recall of a consumer good.

  • Defended top wire management manufacturer in North America in contract litigation, including prosecuting counterclaim.

  • On behalf of the world's largest retail trade association, prepared commentary on Federal Trade Commission Proposed Trade Regulation Rule, portions of which the FTC incorporated into the Final Rule.

  • Defends dozens of omnichannel and e-commerce retailers in lawsuits nationwide alleging violations of federal and state disability laws such as the Americans with Disabilities Act (ADA), California’s Unruh Act, and New York’s Human Rights Law.

  • Represented emergency vehicle manufacturer in PFAS MDL.*

  • Prevailed in bench trial over consumer contract dispute, defending direct sales client.*

  • Prosecuted malpractice action on behalf of cannabis industry client, successfully defending against attempt to compel arbitration following valuation dispute with investor.*

  • Represented the Cleveland Metropolitan Bar Association in prosecuting attorney disciplinary violation, resulting in first of its kind Ohio Supreme Court precedent for Ohio Rule of Professional Conduct 1.2(e).*

  • Litigation
  • Privacy Litigation & Enforcement Defense
  • Data Privacy & Cybersecurity
  • Class Action Defense
  • Cannabis
  • Retail & E-Commerce
  • Transportation & Logistics
  • Ohio State University Moritz College of Law, 2019, J.D.
    • CALI Award for Evidence & Trial Practice Seminar with The Honorable Judge Edmund A. Sargus, Jr.
    • Ohio State Journal on Dispute Resolution, Write-On Chair, Notes Editor
  • Harvard University, 2013, B.A. in The Comparative Study of Religion
  • Ohio
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • Member, Ohio State Bar Association
  • Member, Columbus Bar Association
  • Member, Kiwanis Club of Columbus
Articles and Presentations
November 14, 2024
Ninth Circuit Provides Long-Awaited Guidance on Mass Arbitration Provisions
March 18, 2024
Stephanie Sheridan, Meegan Brooks and Emily Jaye Johnson published article in Law360 | "Retailers: Beware Legislator and Regulator Junk Fee Focus"
June 11, 2023
Endorsement Enforcement: FTC Updates Endorsement Guides and Proposes Rule that Would Impose Penalties Up to $50k Per Violation

View all

News
February 22, 2022
Emily Johnson mentioned in Columbus Business First People on the Move
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