Esteban is an experienced litigator whose practice is principally focused on class action defense and financial services litigation. Esteban has successfully defended both small and large corporate clients targeted in class action suits alleging violations of various federal and state statutes, including the Telephone Consumer Protection Act, the Fair and Accurate Credit Transactions Act, California’s Unfair Competition Law, and California’s Invasion of Privacy Act. Results include dismissals at the pleading stage and without any discovery following aggressive defense strategies. In addition to defending class actions, Esteban has represented clients in corporate, real estate, trust and estate, and securities disputes. He is also a member of the firm's Sports & Entertainment Practice.
Before joining the firm, Esteban served as in-house Counsel for a major broker-dealer with thousands of registered representatives stationed throughout the country. In his capacity as an in-house attorney, Esteban litigated cases, routinely interfaced with insurance carriers and brokers, managed outside counsel, and advised on regulatory matters.
Esteban has been featured in The American Lawyer for his pro bono work with immigrant youth seeking Special Immigrant Juvenile Status. Esteban also previously practiced at an international law firm and was an extern for the Honorable Dale S. Fischer, US District Court, Central District of California.
Education
- University of California - Los Angeles (JD)
- Brandeis University (BA)
Experience
Privacy Class Actions
- Motion to dismiss granted with prejudice (no discovery) in a privacy class action suit filed against a major NBA franchise
- Voluntary dismissal of TCPA class action (no discovery) following filing of two Motions to Dismiss challenging jurisdiction, Opposition to a Motion to Transfer and service of a Rule 11 Motion
- Motion to dismiss granted in a privacy class action filed against an app developer claiming an app functioned as a tracking device
- Motion to dismiss granted in privacy class action alleged against public transportation authority
- Demurrer granted in California Invasion of Privacy Act class action against national retailer
- Summary judgment granted in favor of global distributions systems provider in class action alleging TCPA violation
- Voluntary dismissal of TCPA class action alleged against auto dealership network
- Voluntary dismissal of privacy class action alleged against creditor
- Voluntary dismissal of FACTA class action alleged against local service provider
Securities
- Managed litigation (including numerous FINRA arbitrations) for four independent broker-dealers
- Advised clients in connection with SEC and FINRA exams and inquiries
- Represented a federal equity receiver pursuing claims against former officers, directors, and auditors associated with a Ponzi scheme
Other Litigation
- Represented medical technology company in product liability litigation relating to EMS supplies and surgical tools
- Second-chaired trial for declaratory relief involving assignment of a lease and prevailed on a motion for non-suit
- Voluntary dismissal of arbitration claims against a creditor premised on violations of the TCPA, FDCPA, and Florida Consumer Collection Practices Act after successfully opposing the claimant’s bid for summary disposition
Recognition & Awards
- Southern California Super Lawyers Rising Star: Class Action (2018-2020)
- Best Lawyers of America Ones to Watch - Mass Tort Litigation / Class Actions - Defendants (2021-2022)
- Recipient of Public Counsel Law Center Children's Rights Project Award
Languages
- Spanish
Recent Insights
Viewpoints
TCPA Litigation Update — No Payday for Deceptive Conduct
October 19, 2021 |Article
Monthly TCPA Digest — October 2021
October 19, 2021 |Article
Monthly TCPA Digest — August 2021
August 18, 2021 |Article
News & Press
Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associates Esteban Morales and Adam B. Korn co-authored an article published by Corporate Counsel examining major developments in high-stakes class action litigation in 2020. Notably, the authors wrote that courts have also begun to lay the groundwork for additional developments in 2021.
Events
Join us virtually for Mintz’s Second Annual Developing Trends in Bet-the-Company Class Actions presentation. The presentation will cover class action trends and provide an overview of what to expect from the Plaintiff's bar nationwide.
Viewpoints
TCPA Litigation Update — No Payday for Deceptive Conduct
October 19, 2021 | Article | By Joshua Briones, Esteban Morales
Plaintiff Kenneth Johansen “admits that he believes that engaging in deception is appropriate behavior for a class representative,” observed the Southern District of Florida on its way to denying class certification in Johansen v. Bluegreen Vacations Unlimited, Inc., No. 9:20-cv-81076-RS, Dkt. No. 95 (S.D. Fla. Sept. 30, 2021). Mr. Johansen’s TCPA class action started like many others. He allegedly received calls from the defendant, engaged with the caller, and posed as an interested customer. He apparently verified information the caller had on file and requested additional information. He then allegedly received more calls before finally notifying a representative that his telephone number was registered on the National Do Not Call Registry. This conduct, concluded the Court, confirmed that Mr. Johansen was not a typical class member and demonstrated inadequacy.
Read more
Monthly TCPA Digest — October 2021
October 19, 2021 | Article | By Russell Fox, Joshua Briones, Jonathan P. Garvin, Esteban Morales
We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s Regulatory Update, we discuss the FCC’s adoption of the FNPRM, a rule intended to help curb illegal robocalls originating outside of the United States, as well as the PSAP FNPRM, which seeks to protect the nation’s 911 emergency response centers from potentially debilitating robocalling attacks. In addition, we cover Sen. Richard Blumenthal’s recent request that the FCC take additional steps to block spam text messages and his support for its proposal to shorten STIR/SHAKEN implementation deadlines for certain providers.
Read more
Monthly TCPA Digest — August 2021
August 18, 2021 | Article | By Russell Fox, Joshua Briones, Crystal Lopez, Esteban Morales, Matthew Novian
Our TCPA newsletter covers the FCC’s adoption of processes to appeal a decision to revoke a VoIP provider’s STIR/SHAKEN Service Provider Code (SPC) and to limit the ability of interconnected VoIP providers to obtain phone numbers for customers directly from the Numbering Administrator and discusses how courts are applying Facebook to dispose of TCPA cases at summary judgment – a welcome development for TCPA defendants.
Read more
TCPA Litigation Update — Courts Dispose of TCPA Claims at Summary Judgment Post-Facebook
August 18, 2021 | Article | By Joshua Briones, Crystal Lopez, Esteban Morales, Matthew Novian
Now, courts are applying Facebook’s holding to dispose of TCPA cases at summary judgment on the ATDS issue. See Timms v. USAA Federal Savings Bank, 2021 WL 2354931 (D.S.C. June 9, 2021); Barnett v. Bank of America, N.A., 2021 WL 2187950 (W.D. N.C. May 28, 2021).
Read more
Monthly TCPA Digest — April 2021
April 16, 2021 | Article | By Russell Fox, Joshua Briones, Jonathan P. Garvin, Esteban Morales
The April 2021 TCPA Digest discusses the FCC’s record $225 million fine against a pair of robocallers, Congressional lawmakers’ response to the SCOTUS Facebook auto-dialer ruling, compliance dates for the TRACED Act, and a U.S. magistrate judge’s recommendation, based on the Facebook ruling, not to dismiss a TCPA case.
Read more
TCPA Litigation Update — Taking Stock of Facebook at the Pleadings Stage
April 16, 2021 | Article | By Joshua Briones, Esteban Morales
A U.S. magistrate judge recommended against dismissing a TCPA case involving text messages sent with technology that can store and dial telephone numbers using a random or sequential generator based on the Court’s Facebook v. Duguid ruling.
Read more
Supreme Court Narrows Scope of TCPA in Landmark Autodialer Ruling
April 1, 2021 | Blog | By Joshua Briones, Russell Fox, Esteban Morales, Matthew Novian
In a unanimous decision, the Supreme Court expressly overturned the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, by holding, “to qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.” See Facebook v. Duguid, 592 U.S. (2021). “Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator. This definition excludes equipment like Facebook’s login notification system, which does not use such technology.”
Read more
Monthly TCPA Digest — July 2020
July 27, 2020 | Article | By Joshua Briones, Russell Fox, Esteban Morales
The newsletter covers a notable TCPA fax litigation ruling and the FCC’s adoption of two safe harbors protecting voice service providers from liability when they take reasonable measures to block unwanted robocalls
Read more
TCPA Litigation Update — No Knowledge, No Problem
July 27, 2020 | Article | By Joshua Briones, Esteban Morales
The newsletter covers a notable TCPA fax litigation ruling and the FCC’s adoption of two safe harbors protecting voice service providers from liability when they take reasonable measures to block unwanted robocalls
Read more
Breaking: SCOTUS Will Decide ATDS Definition in Facebook, Inc. v. Duguid et al.
July 10, 2020 | Blog | By Joshua Briones, Crystal Lopez, Esteban Morales, Matthew Novian
News & Press
2020 Trends in Bet-the-Company Class Actions
January 6, 2021
Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associates Esteban Morales and Adam B. Korn co-authored an article published by Corporate Counsel examining major developments in high-stakes class action litigation in 2020. Notably, the authors wrote that courts have also begun to lay the groundwork for additional developments in 2021.
Preparing for COVID-19 Biometric Litigation
July 16, 2020
Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associates Esteban Morales and Adam Korn co-authored an article published by Risk Management that examined how businesses collecting and/or utilizing individual’s biometric data in response to the COVID-19 crisis might prepare for and protect themselves from potential litigation.
Covid-19 and Class Actions
May 1, 2020
Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associate Esteban Morales co-authored a Bloomberg Law Professional Perspective column on covid-19-related class actions.
Citrix Telemarketing Row Stayed For High Court TCPA Ruling
April 24, 2020
Law360 reported that a Mintz litigation team won a Motion to Stay on behalf of its client, software provider Citrix, in a putative class action case alleging that the company conducted illegal telemarketing calls. The decision will put the case on hold to await the U.S. Supreme Court’s decision in Barr v. American Association of Political Consultants Inc., in which oral arguments are scheduled to take place remotely on May 6.
The California Consumer Privacy Act takes effect in about eight months, but amendments are expected. An April hearing on a bill that would expand the private right of action and remove compliance opportunities for businesses showed it needs to be carefully followed, say Mintz attorneys Joshua Briones, Esteban Morales and Matthew Novian.
The Latest On Article III Standing In False Ad Class Actions
December 14, 2018
This Law360 Expert Analysis column discusses how an earlier Ninth Circuit decision – which provided a clear rule regarding plaintiffs' standing to assert claims concerning products they did not purchase – has been used to defeat defendants’ motions to dismiss. A team of Mintz attorneys including Member Joshua Briones and Associates Esteban Morales and Nicole Ozeran authored the piece.
An Opportunity To Slow The Rise Of Securities Class Actions
November 8, 2018
This Law360 "Expert Analysis" piece discusses Lorenzo v. U.S. Securities and Exchange Commission — a significant securities fraud case before the U.S. Supreme Court —which is likely the first of many opportunities the court will have to roll back expansive interpretations of securities law and deter plaintiffs from filing low-quality complaints. A team of Joshua Briones, Esteban Morales and Matthew Novian authored the column.
BART Derails App User's Data-Collection Class Action
December 15, 2017
Joshua Briones, a Managing Member in Mintz’s LA office and Esteban Morales, an Associate in that office, provided comment to a Law360 article looking at a class action suit against BART, California’s public transportation systems.
The Drone Slayer and Private Property
June 2, 2017
Mintz's Joshua Briones, Esteban Morales, and Natalie Prescott authored an article in The Daily Journal covering a Kentucky federal court dismissal of a lawsuit brought by a drone pilot against the “Drone Slayer.”
An Update On Drone Privacy Concerns
October 5, 2016
Joshua Briones, a Managing Member in Mintz’s Los Angeles office; Esteban Morales, an Associate in that office; and Natalie Prescott, an Associate in Mintz’s San Diego office, authored this Law360 article discussing the new legal challenges presented by drones.
Mintz and Ansell Grimm & Aaron, P.C., have achieved a dismissal – among the first of its kind – on behalf of Work Out World, which faced a class action alleging violations of the Telephone Consumer Protection Act and attempting certification of a nationwide class.
Member Joshua Briones and Associate Esteban Morales authored this National Law Journal article on the reality of automated vehicles or self-driving cars expectation that product liability and privacy cottage industries will develop to respond to malfunctioning autonomous technology in the future.
Joshua Briones, Managing Member in Mintz’s Los Angeles office, and Associates Esteban Morales and Crystal Lopez, authored this Inside Counsel article covering three U.S. Supreme Court decisions in separate Telephone Consumer Protection Act TCPA class action cases.
Events
Speaker
Nov
17
2021
Mintz’s Annual Developing Trends in Bet-the-Company Class Actions 2021 Edition
Mintz Webinar
Los Angeles
Panelist
Panelist
Speaker
Speaker
Speaker
Dec
5
2017
West Coast Director Education Forum
American College of Corporate Directors
Renaissance Hotel at Los Angeles International Airport, Los Angeles, CA
Panelist
Apr
10
2017
Guide to Consumer Communications and Compliance: TCPA, FDCPA, CAN-SPAM, and CIPA
IAPP KnowledgeNet CLE
SDG&E Energy Innovation Center 4760 Clairemont Mesa Blvd. San Diego, CA
Speaker
Dec
11
2016