Emmy Levens is chair of Cohen Milstein’s Public Client practice and a member of both the Public Client and Antitrust practices. Emmy has particular experience litigating large, high-profile complex litigation, class actions, and appellate litigation involving anticompetitive, consumer fraud, and environmental justice claims. She was a member of the Apple price-fixing litigation team recognized as “Legal Lions” by Law360.
In addition to her work at Cohen Milstein, Emmy has served as an adjunct professor at Georgetown School of Law and is a board member and secretary of Global Playground, a nonprofit that builds schools in the developing world. She co-authored an article entitled, “Heightened Ascertainability Requirement Disregards Rule 23’s Plain Language,” which appeared in the Spring, 2016 issue of Antitrust magazine.
Prior to joining the firm, Emmy worked as a staff law clerk at the U.S. Court of Appeals for the Seventh Circuit.
While in law school, Emmy served as the managing editor for the UCLA Journal of Environmental Law and Policy, director of the Downtown Legal Housing Clinic, and president of Moot Court.
- Adjunct Professor, Georgetown School of Law
- Board Member and Secretary, Global Playground
- District of Columbia
- Illinois
- University of Kansas, B.A., with Honors, 2004
- University of California, Los Angeles School of Law, J.D., Order of the Coif, 2007
- Law Clerk, U.S. Court of Appeals for the Seventh Circuit, 2007-2009
Current Cases
Flint Water Crisis Litigation
Flint Water Crisis Class Action Litigation (E.D. Mich.): Since 2021, Cohen Milstein has helped more than 90,000 Flint residents and businesses achieve $659.25 million in settlements from those responsible for the Flint Water Crisis. This includes a landmark $626.25 million settlement against the State of Michigan, the former Governor Rick Snyder, and other defendants for their roles in re-directing toxic levels of lead-contaminated water from the Flint River into the City of Flint’s drinking water system to save money. Litigation against the EPA continues.
RealPage Antitrust Litigation
District of Columbia v. RealPage, Inc. et al. (D.C. Sup. Crt.): Cohen Milstein supports the District of Columbia Attorney General’s office in a parens patriae antitrust lawsuit against RealPage, Inc. and fourteen of the largest landlords in the District for allegedly colluding to artificially inflate rents throughout the District in violation of the D.C. Antitrust Act.
Stock Loan Antitrust Litigation
Iowa Public Employees Retirement System, et al. v. Bank of America Corp., et al. (S.D.N.Y.): Cohen Milstein is co-counsel in this groundbreaking putative class action, in which investors accuse Wall Street banks of engaging in a group boycott and conspiring to thwart the modernization of and preserve their dominance over the $1.7 trillion stock loan market. On September 4, 2024, the court granted final approval of a historic $580 million cash settlement and significant injunctive relief against defendants Morgan Stanley, Goldman Sachs, UBS, JP Morgan, Credit Suisse, and EquiLend. Litigation against Bank of America continues.
The People of the State of California v. Grubhub Inc.
The People of the State of California v. Grubhub Inc., et al. (Calif. Sup. Crt., Los Angeles Cnty.): Los Angeles County, on behalf of the People of the State of California, has sued Grubhub for false advertising and violations of the California Unfair Competition Law. County Counsel’s Affirmative Litigation and Consumer Protection Division has retained Cohen Milstein to assist on the case.
Past Cases
Allen et al v. Dairy Farmers of America
Allen et al v. Dairy Farmers of America, Inc. et al (D. Vt.): Cohen Milstein served as Lead Counsel for one of two subclasses of dairy farmers challenging anticompetitive conduct in the Northeast which resulted in lower prices paid to farmers. In April 2017 the Second Circuit Court of Appeals affirmed a $50 million settlement between plaintiffs and the remaining defendants, bringing the total settlement to more than $80 million, in addition to industry-changing equitable relief.
In re Electronic Books Antitrust Litigation
In re Electronic Books Antitrust Litigation (S.D.N.Y.): Cohen Milstein was co-lead counsel in a class action lawsuit alleging that Apple and five of the leading U.S. publishers conspired to raise the retail prices of e-books. Mr. Pierson led the Cohen Milstein team, which secured class certification, defeated motions to exclude the class expert, and successfully moved for exclusion of most of Apple’s expert testimony. The five publishing defendants settled for $166 million and a settlement was reached with Apple shortly before trial for an additional $450 million.
In re Pre-Filled Propane Tank Antitrust Litigation
In re Pre-Filled Propane Tank Antitrust Litigation (W.D. Mo.): Cohen Milstein served as Co-Lead Counsel to Direct Purchasers in this price fixing class action against two of the largest distributors of propane exchange tanks. In June 2020, the court granted final approval of the $12.6 million settlement. Ms. Levens drafted the successful appellate brief argued before the Eighth Circuit en banc. The Court adopted Plaintiffs’ articulation of the continuing violation doctrine and held that sales made pursuant to an anticompetitive agreement constitute new acts for purposes of determining the timeliness of a claim, thereby reviving Direct Purchasers’ antitrust claims against distributors of pre-filled propane tanks. In January 2018, the U.S. Supreme Court refused to review the Eighth Circuit’s ruling, allowing it to stand.
In re Resistors Antitrust Litigation
In re Resistors Antitrust Litigation (N.D. Cal.): Cohen Milstein served as Interim Co-Lead Counsel for the direct purchasers of resisters, who accused the world’s largest manufacturers of resistors of fixing prices. In November 2019, the court granted final approval of a $50.25 million settlement – a remarkable recovery, reflecting 33% - 57% of estimated single damages according to Plaintiffs’ preliminary analysis. Estimated payments to class members would be an average payment of $46,850.64; a median payment of $768.39.
Plasma-Derivative Protein Therapies Antitrust Litigation
Plasma-Derivative Protein Therapies Antitrust Litigation (N.D. Ill.): Cohen Milstein served as Co-Lead Counsel for plaintiffs alleging that the two largest manufacturers of IVIG and Albumin – life-saving therapies derived from blood plasma – conspired to reduce the supply, and increase the prices, of these therapies, resulting in settlements totaling $128 million for hospitals and other direct purchasers.
- Lawdragon 500 Leading Litigators in America (2025)
- Lawdragon 500 Leading Plaintiff Financial Lawyers (2019-2024)
- Bloomberg Law’s 40 Under 40 (2021)
- The National Law Journal Elite Women of the Plaintiffs Bar (2021)
- Law360 Class Action Rising Stars (2020)
- Super Lawyers (2018-2023)
February 22, 2024
Grubhub’s Business Is ‘Suffused With Deception,’ LA Says
Grubhub’s business is “suffused with deception,” Los Angeles County said in a lawsuit filed Wednesday, claiming the food delivery service has long misled customers about prices and driver benefits and imposed “abusive” policies on restaurants. The county accused Grubhub of false and deceptive advertising, misrepresentation and unfair business practices that harm consumers, delivery drivers and […]
In the News | Law360
February 22, 2024
L.A. County Accuses Grubhub of ‘Bait-and-Switch’ With Last-Minute Fees
L.A. County is suing Grubhub, alleging that the company violated state laws that prohibit false advertising. The price of the turkey on rye half-sandwich from Langer’s Delicatessen-Restaurant in Los Angeles, purchased through the delivery app Grubhub, starts around $17. But at checkout, the costs mount. With additional fees and sales tax, the cost of a […]
In the News | Los Angeles Times
February 22, 2024
LA County Sues Grubhub Alleging Unfair and Deceptive Business Practices
FOR IMMEDIATE RELEASE Los Angeles County filed a lawsuit yesterday against food delivery company Grubhub alleging false and deceptive advertising, misrepresentation and unfair business practices that financially harm consumers, delivery drivers and restaurants. “This lawsuit sends a clear message: Los Angeles County will not tolerate businesses that deceive consumers, take advantage of restaurants, and exploit […]
Press Releases | Los Angeles County, Office of the County Counsel
February 1, 2024
Flint Property Owners Reach Class Action Settlement with Water Engineering Firm Veolia North America
On February 1, 2024, Flint Michigan property owners, businesses, and adults, reached a $25 million settlement with Veolia North America (VNA), the last private engineering firm Flint residents were seeking to hold accountable for its role in the devastating Flint water crisis. This settlement brings the total amount of the settlements reached on behalf of plaintiffs in the Flint Water Crisis cases to over $655 million. The case, a certified environmental water contamination class action, was scheduled to go to jury trial on February 13, 2024.
Press Releases | Cohen Milstein
July 5, 2023
Flint Class Says Engineers Owed Duty To Them, Not Just City
A class of Flint, Michigan, residents says engineering firms the city consulted to evaluate water quality and treatment should not be able to get out of professional negligence claims, arguing that the firms’ relationship with the city extended to its residents and created a duty to warn them that the water was unsafe. Veolia North […]
In the News | Law360
November 1, 2023
DC’s AG Accuses RealPage, Landlords Of Price Fixing
The attorney general of Washington, D.C., sued RealPage and 14 D.C.-area landlords Wednesday, joining a long list of lawsuits accusing the software company of colluding to illegally use its algorithm to raise rents, violating both federal and local antitrust laws. Attorney General Brian L. Schwalb accused RealPage Inc. and the landlords of violating the Sherman […]
In the News | Law360
July 1, 2022
Judge Says Stock Loan Antitrust Class Should Be Certified
A federal magistrate judge has called for the partial certification of a proposed class of investors who accused major banks including JPMorgan and Goldman Sachs of colluding to kill competition in the stock loan market, saying that the class meets all the necessary requirements, but the class period should not be expanded. U.S. Magistrate Judge […]
In the News | Law360
July 1, 2022
Stock-Loan Case Against Goldman, Other Banks Takes Step Toward Class Certification
Pension funds allege “group boycott” of startup platforms in stock loan market Manhattan federal judge in 2018 declined to dismiss case Credit Suisse in February first to settle, for $81 million A Manhattan federal judge on Thursday recommended the certification of a class of investors who have alleged Goldman Sachs Group Inc, JPMorgan Chase & […]
In the News | Reuters
May 31, 2022
In re Flint Water Cases Named a Public Justice Trial Lawyer of the Year Finalist
Public Justice’s 2022 Trial Lawyer of the Year Award celebrates and recognizes the accomplishments of an attorney or team of attorneys working on behalf of individuals and groups that have suffered grave injustice or abuse. Cohen Milstein had the honor of being named a “finalist” for this prestigious plaintiffs bar award for the firm’s work […]
In the News
February 11, 2022
Credit Suisse to Pay $81M to Exit Stock Loan Antitrust Suit
Credit Suisse has agreed to pay investors $81 million to be the first bank to exit a putative New York federal court class action accusing banks of colluding to kill competition in the stock loan market, the investors said in a bid for preliminary approval of the so-called icebreaker deal Friday. As a part of […]
In the News | Law360
January 5, 2022
Neither Business, Nor Labor Offers Justices United Fronts in Vaccine Fight
The employer vaccinate-or-test rule has been particularly contentious, even amongst business and labor groups. As the U.S. Supreme Court prepares to hear arguments over the Biden administration’s vaccine mandates, there is not just a familiar division between business and workers in the amici briefs, but division within their own ranks as well, over the legal […]
In the News | The National Law Journal
November 10, 2021
Court Grants Final Approval for Landmark Flint Water Crisis Settlement
FOR IMMEDIATE RELEASE Flint Residents Will Start to Receive Financial Relief from the $626 Million Settlement FLINT, MI. – Interim Co-lead Class Counsel in the Flint water crisis litigation announced today that the United States District Court for the Eastern District of Michigan has granted final approval for the landmark $626 million partial settlement resulting from the class action and individual […]
Press Releases
August 11, 2021
Flint Federal Judge Certifies Issues Classes Against Remaining Flint Water Crisis Defendants
FLINT, MI – Interim Co-lead Class Counsel in the Flint water crisis litigation announced that Federal Judge Judith Levy of the United States District Court for the Eastern District of Michigan entered an order granting Class Certification on liability claims in the ongoing litigation against private engineering firms Lockwood, Andrews & Newman (LAN) and Veolia, […]
In the News
July 28, 2021
House Oversight Committee Investigating New Allegations in Flint Water Crisis Cover-Up by Metro Times
The chairwoman of the U.S. House Committee on Oversight and Reform has responded to last week’s Metro Times cover story that included new, previously unreported revelations of a cover-up in the Flint water crisis. “It would be deeply troubling if any of the officials involved in the poisoning of Flint’s children destroyed evidence of their […]
In the News | Detroit Metro Times
July 21, 2021
The Flint Water Crisis Cover-Up
Wiped Phones and the Battle for Evidence in Former Michigan Gov. Rick Snyder’s Prosecution In October 2015, then-Michigan Gov. Rick Snyder finally announced that Flint’s water was contaminated with dangerous lead levels. That public admission had come after more than a year of pleading from the city’s residents to examine the situation. The city, Snyder […]
In the News | The Intercept
July 14, 2021
What Key Legal Industry Leaders Said About Our 40 Under 40 Class
As part of the submissions process for Bloomberg Law’s inaugural class for “They’ve Got Next: The 40 Under 40,” editors asked nominees to submit recommendations from senior partners, clients, outside counsel, and others who could speak to their client successes and leadership skills (on the record). Read on for a sampling of what they said. […]
In the News | Bloomberg Law
August 20, 2020
Landmark $600 Millon Preliminary Agreement Reached in Flint Water Litigation Provides Relief to Residents, Property Owners and Businesses
For Information About the Proposed Settlement If you are a Flint resident or business owner and you’d like information about the proposed settlement, please go to www.FlintWaterJustice.com. If you would like to speak to someone directly about the settlement or if you need assistance with the form, please call: 1-866-536-0717 or text: “Flint” to 47177 […]
In the News
August 20, 2020
Flint Residents to Get $600 Million From Michigan Over Lead-Tainted Water
Settlement helps resolve five-year legal fight over one of nation’s worst public-health emergencies Five years after the lead-tainted drinking water crisis in Flint, one of the nation’s worst public health emergencies, the state of Michigan has reached a settlement to compensate residents. On Thursday, Michigan Attorney General Dana Nessel said the state would pay $600 […]
In the News | The Wall Street Journal
August 20, 2020
Most of $600 Million Settlement in Flint Water Crisis Will Go to Children
The settlement still needs federal court approval, but Flint residents were being cautiously optimistic after the drawn-out crisis: “I just want it to be over.” Since contaminated water began running from taps in Flint six years ago, perhaps the biggest worry was the lasting effect on the Michigan city’s 25,000 children. Along with skin rashes […]
In the News | New York Times
August 20, 2020
Here’s How Flint Families Will Get Paid in Water Crisis Settlement
The process of distributing $600 million to more than 33,000 Flint water victims will likely take months to complete, and it’s unlikely the money for the settlement will be available until the beginning of 2021. The settlement will encompass all Flint children who were younger than the age of 18 at the time of the […]
In the News | The Detroit News
August 20, 2020
Governor Whitmer Statement on $600M Preliminary Settlement for Flint Water Civil Lawsuits
Press Release Issued by: Governor of Michigan LANSING, Mich. – Last week, the State of Michigan agreed to a $600 million settlement of the civil lawsuits brought against the State of Michigan by Flint residents after the water supply for the City of Flint was switched to the Flint River on April 25, 2014. Governor […]
In the News
July 5, 2020
Emmy Levens Recognized as Rising Star
Law360 has named Emmy Levens, a partner in the firm’s Antitrust practice group a “Rising Star” in the Class Action category. The annual list recognizes lawyers under the age of 40 whose professional accomplishments transcend their age. See the list of Law360’s 2020 “Rising Stars.”
In the News | Law360
May 26, 2020
Federal Appeals Court Upholds Ruling That Snyder & Other Officials to Remain in Flint Water Lawsuit
A federal appeals court upheld a ruling that reinstated former Michigan Gov. Rick Snyder and other state officials in the class action lawsuit over the Flint Water Crisis. The judges of the U.S. Sixth Circuit Court of Appeals upheld the 2019 ruling from U.S. District Court Judge Judith Levy that reinstated Snyder and nearly all […]
In the News | ABC
April 16, 2020
Michigan’s Ex-Gov. Rick Snyder Knew About Flint’s Toxic Water—and Lied About It
During the inauguration of his successor, outgoing Michigan Governor Rick Snyder needed a favor. At the January 2019 event, Snyder approached Karen Weaver, who was then the mayor of Flint, a city of nearly 100,000 people that was still reeling from financial decay and a toxic-water crisis. He asked whether she could meet with Congressman […]
In the News | VICE
September 10, 2019
Flint’s Deadly Water, A Documentary
In 2014, in an effort to save money, the City of Flint switched its water supply to water drawn from the highly contaminated Flint River. That change set into motion a series of events that ended with many of the City’s nearly 8,000 small children permanently harmed by lead poisoning, and over 30,000 of the […]
In the News | PBS FRONTLINE
June 23, 2017
8th Circ. Changes Course, Revives Propane Antitrust Dispute
On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock. In a published 5-4 decision, the appeals court found that the U.S. […]
In the News | Law360
December 17, 2014
Cohen Milstein, Others to Helm Propane Tank Antitrust MDL
Cohen Milstein Sellers & Toll PLLC, Berger & Montague PC and Susman Godfrey LLP were tapped Monday to represent propane tank purchasers in multidistrict litigation accusing leading tank manufacturers AmeriGas Partners LP and Ferrellgas LP of engaging in a de facto price-fixing scheme by reducing the amount of propane in tanks without changing the price. The litigation alleges that […]
In the News | Law360