Lindsey’s practice focuses on complex product liability and consumer protection litigation, as well as regulatory counseling for consumer product companies. Lindsey believes the best way to protect her clients’ business interests is to employ both offensive and defensive strategies. Thus, in addition to her litigation and regulatory experience, Lindsey helps her clients assess and manage the inherent risks of business to minimize future litigation and enforcement threats.
Lindsey has litigated both individual and complex tort cases in state and federal courts throughout the country. She has experience in all stages of litigation, including case strategy and development, depositions, expert witness preparation, motion practice and trial. She also defends corporations facing class action claims, particularly those involving allegations of false and misleading marketing, and she has successfully defended her clients against class certification.
Lindsey also draws on her litigation experience to anticipate legal issues that her clients may face before a complaint is filed. She is uniquely familiar with the day-to-day business issues faced by her clients, including the complicated business decisions that precede the manufacture, marketing and sale of a product. As an attorney, Lindsey was seconded with a Fortune 500 company, and before she entered law school, worked as an account executive for an advertising agency. These experiences, coupled with her litigation work, have enabled Lindsey to identify potential liabilities in marketing strategies before they are implemented. Lindsey has significant experience in advertising and marketing law, advising her clients on issues ranging from claim substantiation and general FTC compliance to strategies for managing user-generated content. Lindsey also counsels her clients on the effective and legally-compliant use of nontraditional media, including social media, native advertising, e-commerce, and the use of influencers and affiliates.
Lindsey also regularly advises her clients on regulatory compliance, enforcement, and policy matters involving FDA-regulated products. In this role, Lindsey works closely with her clients to identify the business decisions necessary for her clients to remain competitive in the marketplace while still responsibly complying with regulatory requirements and preserving brand image and consumer goodwill. As part of her regulatory practice, Lindsey has counseled her clients through label reviews and updates, responses to FDA and USDA inspector requests, product recalls and market corrections, responses to warning letters, U.S. Customs issues, and generation of employee training documents and consumer-facing communications.
Katie Gates Calderon, Elizabeth Fessler and Lindsey Heinz, Dairy Vs. Plant-Based 'Milks': A Regulatory Standoff, Law360, August 24, 2017.
Lindsey Heinz & Bridget Halbur, Cleaning Product Right to Know Act Appears to be Moving Forward, Daily Journal, July 17, 2017.
Scott Kaiser, Jennifer Blues and Lindsey Heinz, Strategies for Moving to Strike Class Allegations, Law360, Sep. 4, 2012.
Lindsey K. Heinz, “Please, Don’t Shot My Daughter!” Is There Legal Support for State-compelled HPV Vaccination Laws? Why Ethical, Moral, and Religious Opposition to These Laws May Be Jumping the Gun, 56 U. Kan. L. Rev. 913 (2008).
Katie Calderon and Lindsey Heinz, Food Regulations: What's Today's Special?, Update of the Law, Kansas City, Missouri, June 2017.
Lindsey K. Heinz, Marketing Trends and Pitfalls: innovative marketing and FTC disclosure challenges, Client Presentation, June 2017.
Lindsey K. Heinz, Developing Responsible Marketing Practices for Products Intended for Adults, Client Presentation, May 2016.
Jennifer Blues and Lindsey Heinz, Motions to Strike Class Allegations – Recent Trends & Practice Pointers, May 2012.