Kelsey C. Boehm

Senior Counsel

Kelsey C. Boehm

Senior Counsel

Kelsey Boehm is a litigation senior counsel at Foley & Lardner LLP, who assists Foley’s clients in a wide array of complex commercial litigation matters including class action defense, contract disputes, securities matters, and intellectual property litigation. Kelsey also has experience advising clients in connection with government investigations and regarding accounting related issues. Kelsey gains clients’ trust by gaining a full understanding of their business objectives and informing practical legal strategies tailored to their specific needs.

Kelsey has substantial experience advising clients in the food and beverage, fashion and beauty, health care, and automotive industries. She has secured favorable results for clients across all phases of litigation, including pleading stage, discovery, summary judgment, mediation, arbitration and trials, and appeals.

Kelsey is recognized not only for her strengths as a lawyer, but for her willingness to tackle difficult cases, volunteer in the community, and as an advocate for diversity in the legal profession.

Representative Experience

  • Defend various food and product packaging companies against claims of false advertising and improper labeling
  • Represented various public and private companies in cases involving securities fraud violations and disclosure issues
  • 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
  • Represented reinsurance companies in arbitration hearings, including prevailing on behalf of a ceding company in a multimillion-dollar arbitration involving rate increases under yearly renewable term life-insurance contracts
  • Represented public company under SEC investigation involving revenue recognition and executive compensation issues
  • Represent numerous automobile and food manufacturers in cases involving breach of contract and warranty claims
  • Represent chief executive officer and chief financial officer in securities class action involving fraud claims and disclosure issues
  • 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 (2024-2025)

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
19 December 2024 Consumer Class Defense Counsel

Ninth Circuit Precedent Limits Fraud-Based Label Claims

It is well-settled that fraud-based claims asserted in federal court need to satisfy not only Federal Rule of Civil Procedure 12(b)(6)’s plausibility pleading standard but also the heightened pleading requirements of Federal Rule of Civil Procedure 9(b).
27 November 2024 Deals and Wins

Foley Secures Ninth Circuit Victory for Del Monte in Labeling Dispute

Foley & Lardner LLP successfully represented Del Monte Foods in securing a victory before the Ninth Circuit Court of Appeals, which affirmed the dismissal of a class action lawsuit accusing Del Monte of false advertising through deceptive labeling practices. The lawsuit, filed in California by an Oregon consumer, alleged that Del Monte falsely marketed its fruit cups as “natural” despite containing synthetic preservatives.
30 October 2023 Consumer Class Defense Counsel

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.
17 August 2023 Honors and Awards

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©.
03 November 2022 Consumer Class Defense Counsel

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.
17 June 2021 Blogs

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.