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Joshua Briones

Member / Managing Member, Los Angeles Office

[email protected]

+1.310.226.7887

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Joshua, Managing Member of the firm’s LA office, is a highly experienced trial lawyer with a national practice. He has received awards and national recognition for his innovative approach to the defense of bet-the-company litigation. He has represented clients in such industries as financial services, building products, retail, pharmaceuticals, automotive, professional sports, food and beverage, petroleum, chemical manufacturing, health care, high technology, and higher education. He frequently publishes and lectures before national and local bar and industry organizations.

CLASS ACTION DEFENSE

Joshua has served as lead defense counsel on over 300 alleged class actions in state and federal courts across the country.

Privacy Class Actions & Regulatory Actions

Joshua defends clients on TCPA faxing, prerecorded voicemail messages, mobile calls, and text messages. He also defends companies sued for allegedly improper call recording, collecting personal information, fraudulent and/or deceptive charges, negative options, disclosure issues, direct marketing, mobile and electronic commerce platforms, loyalty programs, and other promotions practices.

  • Motion to dismiss granted with prejudice (no discovery) in David M. Emanuel v. The Los Angeles Lakers Inc., 13-55678 (CD CA)
  • Motion to dismiss granted with prejudice (no discovery) in Shaya Baird v. Sabre Inc., CV-00999-SVW-JPR (CD CA)
  • Motion to dismiss granted with prejudice (no discovery) in Noreen Sussino v. Work Out World, Inc., 3:15-cv-05881 (D NJ)
  • Motion to dismiss granted in class action in which plaintiff claimed defendant developed an app that secretly tracked users in Pamela Moreno v. San Francisco Bay Area Rapid Transit District, et al., 17-CV-02911-JSC (ND CA)
  • Motion for summary judgment granted in class action in which plaintiff claimed defendant unlawfully recorded plaintiff's conversations in Gruber v. Yelp, Inc., CGC 16-554784

Marketing and Advertising Class Actions

Joshua regularly defends class actions alleging that companies or their executives engaged in false or deceptive marketing. These claims often involve allegations that products or services lack adequate substantiation or that companies or individuals have failed to disclose material information. Joshua has successfully defended claims involving allegedly false or deceptive representations related to dietary supplement products, wellness devises, food products, direct marketing businesses, and guarantees and warranties.

  • Motion to dismiss granted with prejudice in class action in which the plaintiff claimed the labeling misrepresented the actual ingredients in the product in Lifsey et al. v. Kraft Foods Global Inc., 2-07-CV-D0041 (CD CA)
  • Achieved extremely favorable settlement in a class action in which the plaintiff claimed that the defendant falsely represented ingredients in a food product in Starks v. Jimmy John’s LLC, BC501113 (Cal. Sup.)

ADA Website Accessibility Class Actions

Joshua regularly defends retailers, restaurants, financial services firms, and educational institutions against website accessibility claims brought under the ADA, Unruh Act, or state-specific consumer protection statutes across the US.

  • Achieved extremely favorable settlements in class actions in which plaintiff claimed defendant's website was inaccessible in Thorne v. Nippon Life Insurance Company of America, 1:18-cv-02361-GHW; DeLa Cruz v. Pacific College of Oriental Medicine, 1:17-cv-08088

Economic Product Defect Class Actions

Joshua has extensive experience defending economic defect class actions alleging that the failure to disclose alleged defects constitutes a violation of various consumer protection and warranty laws, including California’s Consumer Legal Remedies Act, Unfair Competition Law, Proposition 65 and Song Beverly Consumer Warranty Act.

  • Achieved extremely favorable settlement in class action in which plaintiff claimed that defendant improperly designed and manufactured Morgan Dollar replicas in Harry Green v. SilverTowne, L.P., SilverTowne Inc., and Leon Hendrickson, 1:15-cv-08703

Securities Class Actions

Joshua represents a wide array of clients in securities litigation. He represents private equity funds, including hedge funds, broker-dealers, underwriters, placement agents and issuers in securities class actions, shareholder derivative actions and takeover defense litigation.

  • Clarified standards for examining securities investments by ERISA fiduciaries in Quan v. Computer Sciences Corp., 623 F.3d 870 (9th Cir. 2010)

COMPLEX BUSINESS LITIGATION

In addition, Joshua has an active complex business litigation practice, and regularly represents parties in securities, anti-trust, trademark, trade secrets, and copyright actions.

  • Reversed the trial court’s granting of the plaintiff’s motion for summary judgment involving client’s trademark in ConsumerInfo.com, Inc. v. Money Management International, Inc., 374 Fed. Appx. 696, 2010 WL 882868 (C.A. 9 March 11, 2010)

COMPLIANCE AND RISK MANAGEMENT

Joshua is well-versed in substantive privacy and marketing laws, regulations, and best practices, and uses his insight to design and implement compliant marketing programs.

Joshua also regularly drafts and amends privacy policies, risk management protocols, and a broad range of data management issues, including cyber and data security, cloud agreements, managing privacy class action risks, trans-national data flows, navigating difficult conflicts between foreign privacy laws and US compliance obligations, regulation of advertising and marketing practices, healthcare and financial privacy, children's and student privacy, privacy regulation of communications media, employee data, records management and responses to government surveillance requests.  He has extensive experience with European, Asian and Latin American privacy regimes, and leads global teams on complex international security and privacy matters.

Education

  • New York University (LLM)
  • University of California - Los Angeles (JD)
  • San Diego State University (BA)

Recognition & Awards

  • Recognized by the Los Angeles Business Journal as one of the Most Influential Minority Attorneys in Los Angeles (2018)
  • Recognized by the Los Angeles Business Journal as one of the Leaders in Law - Attorney Nominees (2017)
  • Recommended by The Legal 500 United States for Telecom & Broadcast: Regulatory (2017)
  • Included on the Southern California Super Lawyers: Rising Star – Class Action/Mass Torts list (2011 – 2013)

Involvement

  • Earlier in his career, Joshua served as an adjunct professor of law, teaching classes on class actions in the United States for the Universidad Panamericana and the Instituto Tecnológico Autónomo de México (ITAM) in Mexico City.
  • Fellow, American Bar Foundation
  • Fellow, Leadership Council on Legal Diversity
  • Past President, Board of Directors, UCLA Law Alumni Association

Languages

- Spanish

Recent Insights

News & Press

Events

Viewpoints

Viewpoint
In this issue, we look at industry comments on the FCC’s report on robocalling and efforts to urge the agency to reconsider its reassigned numbers database proposal. In addition, we examine a recent circuit split on what constitutes an automatic telephone dialing system (ATDS) in the Third and Ninth Circuits and what that means for TCPA defendants. The split follows the D.C. Circuit’s May 2018 decision in ACA International v. Federal Communications Commission, which set aside the FCC’s “unreasonably expansive interpretation” of what constitutes an automatic telephone dialing system.

This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.

This issue includes an update on activity at the FCC, specifically the agency’s progress in evaluating comments received in several ongoing TCPA proceedings. In addition, in our Class Action Update, we look at the current understanding of what constitutes an ATDS and why, in the wake of ACA International, it may be more difficult for plaintiffs to demonstrate that the companies they are suing used ATDS devices.

In this issue, we look at recent TCPA-related activity at the FCC, including the agency’s reevaulation of some TCPA rulings as well as a notable fine levied against a robocaller for malicious spoofing. In addition, in our Class Action & Litigation Update, we look at recent district court rulings offering different interpretations of what constitutes an ATDS, and consider where this split between the circuits leaves TCPA defendants.

This month we consider the Ninth Circuit’s pending Crunch ruling and how the decision may affect parties defending TCPA cases. You’ll find the story in our Class Action & Litigation Update. Our Legislative Update offers a quick review of the recent US House and Senate hearings on illegal robocalls. For a roundup of TCPA-related developments at the FCC, please see our Regulatory Update.

The U.S. Supreme Court’s Spokeo v. Robins decision held that plaintiffs do not have standing to sue under Article III based solely on technical violations of the Fair Credit Reporting Act. Ever since the Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1536, defendants have filed motions to dismiss putative TCPA class actions for lack of subject-matter jurisdiction.
The U.S. Court of Appeals for the District of Columbia released its long-awaited opinion on the Telephone Consumer Protection Act (“TCPA”), reversing in part and upholding in part the Federal Communications Commission (“FCC”) 2015 TCPA Declaratory Ruling and Order (“2015 R&O”).
Notwithstanding the glitz and glamour of multi-millionaire race drivers and champagne, Formula One is all about data. Analytics are fundamental to understanding Formula One races.
We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion.
The Cleveland Indians are back in the World Series for the first time in nineteen years, and with it have come renewed protests over the team’s name and Chief Wahoo logo, a depiction some consider a highly offensive caricature. 

News & Press

Litigators Joshua Briones and Crystal Lopez authored this “Expert Analysis” column discussing growing interest in California Invasion of Privacy Act class actions and what recent decisions mean for businesses.
This coverage highlights the decision by a San Francisco judge tossing out a proposed class action against Yelp Inc. for allegedly monitoring and recording conversations between the named plaintiff and Yelp sales representatives.
Joshua Briones, Managing Member of Mintz’s LA office, and Ralph Campillo, a Member in the firm’s Litigation practice, were named among the fifty most influential minority attorneys by the Los Angeles Business Journal.
Joshua Briones, Managing Member of the Mintz Los Angeles office, was featured in an article in the NYU Law alumni newsletter. The focus of the article is the large role mentorship played in his life and his commitment to doing the same for others.
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.
Mintz’s Los Angeles office is expanding within Century Plaza Towers. The firm is nearly doubling its square footage, taking 11,500 square feet on the building’s 31st floor to accommodate the growing team of attorneys.
Joshua Briones, Managing Member of Mintz’s Los Angeles office, is quoted in a Bloomberg Law article on the subject of a lawsuit brought against Lucille’s Smokehouse Bar-B-Que for sending unsolicited marketing message without written consent.
Los Angeles office Managing Member Joshua Briones is profiled in this The American Lawyer article. The feature story explores Joshua’s upbringing as a migrant field worker to putting himself through law school to his arrival at Mintz.
The Legal 500 United States has recognized Mintz as a leading firm in the 2017 edition. The annual editorial guide has also recognized Mintz attorneys as leaders in their areas of practice.
Joshua Briones, Managing Member in Mintz’s Los Angeles office and Crystal Lopez, a Litigation Associate, authored a Law360 article on the importance for businesses to be vigilant about internal and third-party Telephone Consumer Protection Act (TCPA) compliance.
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.”
This piece, published by Bloomberg BNA Product Safety & Liability Reporter, highlights the faulty damages models of food companies and the companies’ defenses to consumer fraud class actions over product labeling.
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.
Joshua Briones, Managing Member in Mintz’s Los Angeles office and Crystal Lopez, a Litigation Associate, authored a Law360 column on the worry businesses nationwide are experiencing over facing “no-injury” class action lawsuits.
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.
Mintz Los Angeles office Managing Member Joshua Briones is profiled by Business Insurance. The piece offers Joshua’s perspective on various topics, including his goals for his new position at Mintz, his background and practice and what he sees in the future of the legal industry.

Events

Speaker
Apr
26
2018

Trailblazers - 21st Century Women Leaders

Shutters Hotel 1 Pico Bl.vd., Grand Salon Santa Monica, CA 90405

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