Keri Borders defends companies facing consumer class actions, competitor challenges, and regulatory-driven litigation—cases where the legal issues are technical, the exposure is significant, and the outcome matters to the business. Her work spans product labeling and advertising claims, alleged contaminants, sustainability and environmental marketing, intellectual property, trade secrets, and commercial disputes. She represents manufacturers, retailers, and distributors across a range of industries, bringing the same rigorous, results-oriented approach whether the case involves a single-plaintiff claim or a coordinated multi-district action.
Clients come to Keri because she combines aggressive advocacy with practical judgment. Litigation is not just about winning motions—it is about protecting the business, managing costs, and reaching outcomes that let companies move forward. Whether the goal is early dismissal, summary judgment, defeating class certification, or building a record for appeal, she develops strategies tailored to what clients actually need. She is equally comfortable in state and federal courts, and she has handled matters in trial courts and appellate courts across the country.
Much of Keri’s work sits at the intersection of law, science, and regulation. She is comfortable with complex technical evidence—whether it involves product formulations, testing data, or scientific literature—and translates that material into arguments that resonate with judges and juries. She tracks regulatory developments and plaintiff-side trends closely, allowing her to anticipate emerging theories and advise clients before problems arise. This combination of technical fluency and litigation instinct makes her particularly effective in cases where the science is contested and the stakes are high. What distinguishes Keri is her ability to see disputes from her clients’ perspective. Litigation can disrupt operations, affect customer relationships, and create uncertainty for leadership teams. She works to contain that disruption—moving decisively to narrow or dismiss claims, keeping clients informed, and ensuring that legal strategy aligns with business objectives. Clients value her directness, her responsiveness, and her commitment to understanding their products and operations well enough to provide counsel that reflects real-world business constraints.
The litigation environment has grown more challenging. Class actions have become increasingly sophisticated, with coordinating actions across jurisdictions. Novel theories emerge regularly—from challenges to marketing claims and product attributes to disputes over technical data and regulatory compliance. Keri develops defense strategies that address not only the immediate case but also the broader litigation risk a client may face across its product portfolio.
A significant portion of her practice involves claims where scientific or technical evidence is central. These cases—whether they involve alleged contaminants, product performance, or ingredient claims—require counsel who can engage credibly with the underlying data. Keri works with consultants and industry advisors to build the factual record, then uses that foundation to challenge plaintiffs’ theories at every stage. She understands how to present technical material to judges who may not have scientific backgrounds, and she knows how to expose weaknesses in plaintiffs’ methodologies and conclusions.
She handles a wide range of labeling and advertising disputes, from health and wellness claims to sustainability marketing and product attributes. The key is often demonstrating that the plaintiff’s theory of deception does not survive scrutiny under the applicable legal standard. Keri has secured dismissals and summary judgment where plaintiffs alleged that common marketing terms were inherently misleading, and she has successfully excluded survey and consumer behavior testimony that failed to meet evidentiary thresholds. She brings the same analytical rigor to competitor disputes under the Lanham Act, where the legal standards differ but the need for precision remains.
- Early case assessment and risk containment. Before diving into motion practice, Keri evaluates the full scope of a client’s exposure—not just the claims in the complaint, but the potential for follow-on suits, regulatory interest, and reputational impact. This assessment shapes strategy from day one.
- Aggressive motion practice. Keri looks for opportunities to resolve cases at the earliest possible stage—winning dismissals on the pleadings, prevailing on summary judgment, and challenging plaintiffs’ evidence through Daubert motions and other evidentiary gatekeeping.
- Regulatory awareness. Many disputes turn on how courts interpret agency guidance, enforcement trends, or evolving legal standards. Keri monitors these developments and incorporates them into her litigation strategy.
- Business-aligned resolution. Not every case should be fought to judgment. When early resolution makes sense, Keri negotiates outcomes that protect the client’s interests without unnecessary disruption to operations or product strategy.
Keri’s appellate victory in the KIND LLC litigation illustrates her approach. After nearly a decade of coordinated class actions challenging the company’s product labeling, she secured summary judgment and successfully excluded plaintiffs’ consumer behavior testimony. The Second Circuit affirmed in May 2024, establishing important precedent for how courts evaluate consumer deception claims. The result reflected disciplined case management, strategic evidentiary work with expert witnesses, and a focus on building a record that would withstand appellate review—an approach Keri brings to every significant matter.
Beyond high-profile appellate wins, Keri regularly obtains favorable outcomes that never make headlines: dismissals that end cases before discovery, early settlements on favorable terms, and rulings that prompt plaintiffs to abandon their claims. For clients, these quieter victories are often the most valuable—minimizing cost, preserving business relationships, and allowing companies to move forward. She measures success not by the complexity of the legal arguments but by whether the client achieved its objectives efficiently.
Keri also advises clients outside of active litigation, helping them anticipate how plaintiffs might characterize product claims and adjust language before it becomes a target. When new regulatory guidance emerges or a novel plaintiff theory gains traction, she helps clients assess whether their current practices create exposure. This proactive counsel has helped clients avoid lawsuits entirely—and has positioned others to defend claims more effectively when litigation could not be avoided. She sees this advisory work as inseparable from her litigation practice: the same knowledge that makes her effective in court helps her prevent disputes from arising in the first place.
Her litigation practice spans consumer and competitor disputes, trade secret litigation, breach of contract claims, intellectual property matters, and other commercial cases. This breadth gives her perspective on how any dispute fits into a company’s broader legal and business landscape. It also means she can serve as a single point of contact for clients facing multiple types of litigation, coordinating strategy across matters and ensuring consistency in approach.
Clients describe Keri as direct, responsive, and genuinely invested in their success. She stays engaged after cases resolve, tracking industry developments and checking in when something relevant crosses her desk. That ongoing relationship—built on trust, candor, and consistent results—is what keeps clients coming back and what drives referrals from in-house counsel who have worked with her on prior matters.
