Kelly Laudon is a trusted advocate and skilled litigator who represents clients in business-to-business and consumer disputes in state and federal courts and in arbitration. Kelly brings significant litigation experience to clients in the food and beverage industry, as well as financial services and technology companies. She litigates complex commercial disputes, including claims for food product mislabeling, unfair trade practices, breach of contract, breach of warranty, and indemnification and advises food industry clients on compliance with federal and state labeling and food safety laws.
Kelly has provided advice and counseling to food manufacturers on product labeling, product claim substantiation, and regulatory compliance for new and existing products. She works closely with company officers, nutritionists, product development teams, and marketing teams to develop regulatory compliant labels and minimize risk in product claims. She also advises clients on recalls and response to distribution of misbranded food products.
In addition, Kelly provides advice and counseling to food manufacturers and distributors on import and export of food products to and from the United States, supplier verification, and compliance with the Food Safety Modernization Act (FSMA). She counsels clients on contractual terms for product purchases and sales to comply with FSMA and other applicable laws, represents clients in resolution of disputes with vendors and customers, and advises clients on food safety and food recall issues.
Kelly is a past president of the Minnesota Chapter of the Federal Bar Association. She frequently serves as local counsel to out-of-state parties litigating in Minnesota and speaks often on FDA regulations.
The following represents experience acquired prior to joining Jones Day.
Food Industry Litigation
Represented multinational food distributors in recovering losses for nonpayment of food sold in commercial dispute with customer. Brought affirmative claims for violation of the Perishable and Agricultural Commodities Act and breach of contract and defended against counter-claims for alleged fraud, misrepresentation, and breach of contract.
Represented food product packaging manufacturer against breach of warranty claims arising from the discovery of contaminated product found in the food packaging.
Obtained early dismissal on favorable terms on behalf of client defending claims that its snack product was allegedly mislabeled as "All Natural" and avoided public disclosure of plaintiff's claims through out-of-court, confidential settlement.
Defended food producer against indemnification claims made by national grocery retailer against dozens of vendors of privately labeled grocery products arising from consumer class action lawsuit brought in the Northern District of California against the retailer for alleged mislabeling of goods.
Represented food distributor bringing new ingredient product to market in Colorado federal court action against prospective customer on claims of intentional interference with exclusive distribution contract. Issues in dispute included expert opinions on testing, authenticity, and accurate labeling of the new product. Achieved favorable resolution of claims shortly before trial.
Litigated action in Kansas federal court between beef supplier and beef processor for cross-claims of contamination, breach of warranty, and breach of contract. After extensive discovery and the exchange of expert reports, negotiated favorable resolution on behalf of beef processor.
Won early, pre-discovery dismissal of breach of warranty claim brought in Minnesota federal court against technology manufacturer Ideum on the grounds the court lacked personal jurisdiction over Ideum.
Achieved favorable resolution through pre-lawsuit settlement negotiations on behalf of health care provider concerning claims for breach of contract and breach of warranty arising from installation and implementation of electronic health and medical record software.
Successfully defended internet retail sales giant against claims for shipper liability arising from dispute between two companies delivering packages on behalf of client.
Financial Services Litigation
Defended prepaid debit card issuer and servicer in dispute over constitutional claims related to the assessment of fees related to card use in federal court in Georgia. Moved to dismiss action pursuant to arbitration clause.
On behalf of a mortgage loan originator, achieved favorable and early resolution of indemnification and breach of warranty claims arising from the 2008 mortgage loan crisis brought in Minnesota federal court by a bankrupt mortgage loan re-purchaser.
- University of Minnesota (J.D. magna cum laude 2006; Order of the Coif); Rhodes College (B.A. magna cum laude 1999)
- Minnesota; U.S. Courts of Appeals for the Fifth, Eighth, and Eleventh Circuits; and U.S. District Courts for the District of Minnesota and District of Colorado
Minnesota Super Lawyers (2018), including Rising Star (2013-2017) and Top Women Attorneys in Minnesota Rising Star (2016)
North Star Lawyer, Minnesota State Bar Association (2015 and 2017)
- Law Clerk to Chief Judge James M. Rosenbaum, U.S. District Court, District of Minnesota (2006-2008)