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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 and specializes in high-stakes, bet-the-company litigation. The Daily Journal named Joshua to its list of the "Top 100 Lawyers in California."

He represents 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 400 alleged nation-wide 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 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 settlements in the following representative matters:
    • Starks v. Jimmy John’s LLC, California State Court
    • Mann v. Bonide Products, Inc., Ohio State Court
    • Wang v. JB Cosmetics, New York State Court

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 the following representative matters:
    • Thorne v. Nippon Life Insurance Company of America
    • DeLa Cruz v. Pacific College of Oriental Medicine
    • Bishop v. Life Time Fitness
    • Nixon v. Crockett & Jones

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 Daily Journal as one of the Top 100 Lawyers in California (2019)
  • Recognized by the Los Angeles Business Journal as one of the Top Litigators & Trial Lawyers in Los Angeles (2019)
  • 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 General

Monthly TCPA Digest – October 2019

October 15, 2019 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

This month’s newsletter from Mintz’s TCPA & Consumer Calling Practice delivers insight on California’s Consumer Call Protection Act and TCPA-related activity at the FCC.
Viewpoint General

TCPA Litigation Update — CA Governor Signs the Consumer Call Protection Act

October 15, 2019 | Article | By Joshua Briones, Matthew Novian

Telecommunication service providers should take adequate precautions to avoid enforcement actions from the CPUC or the AG. By implementing STIR and SHAKEN technologies by January 1, 2021, service providers can avoid liability under the Act.
Viewpoint General

Monthly TCPA Digest – September 2019

September 18, 2019 | Article

This issue covers recent TCPA-related activity at the FCC, a new partnership between attorneys general and major phone carriers, and the 11th Circuit’s Salcedo decision.
Viewpoint General

Monthly TCPA Digest – August 2019

August 14, 2019 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana R. Safner

This TCPA Digest reviews FCC anti-spoofing rules covering spoofing outside the U.S. directed at US consumers and an 11th Circuit decision that the FCC's solicited fax rule is invalid.
Viewpoint General
Eleventh Circuit Confirms the FCC’s Solicited Fax Rule is Dead and Reverses Course on Interpretation of the Hobbs Act in TCPA Appeal
Viewpoint General

Monthly TCPA Digest – July 2019

July 18, 2019 | Article

This issue covers recent TCPA-related FCC activity, pending robocall legislation, and a class action ruling in the Eight Circuit upholding a significant reduction in TCPA damages.
Viewpoint General

Monthly TCPA Digest – June 2019

June 17, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Esteban Morales, Matthew Novian, Elana R. Safner

This TCPA Digest covers an FCC rule allowing default call blocking services and a 4th Circuit ruling upholding a $61M judgment against Dish Network for a third-party agent's actions.
Viewpoint General

TCPA Class Action Update: Dish Network on the Hook for $61 Million for Third-Party Agent’s TCPA Violation

June 17, 2019 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

On May 30, 2019, the U.S. Court of Appeals for the Fourth Circuit upheld a $61 million class action judgment against Dish Network for its violation of the Telephone Consumer Protection Act. Krakauer v. Dish Network, Case No 18-1518 (4th Cir. May 30, 2019). The lead plaintiff, Thomas Krakauer, submitted his phone number to the national Do Not Call Registry in 2003 but was still called by Dish’s vendor, Satellite System Networks (SSN). This judgment sounds a warning to all companies: if you contract with third-party vendors for marketing purposes, seek assurances and closely monitor the vendor’s compliance with applicable federal regulations. Otherwise, you may be on the hook.
Viewpoint General

Monthly TCPA Digest – May 2019

May 13, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Matthew Novian, Elana R. Safner

This TCPA Digest covers congressional bills to combat illegal robocalls, TCPA matters at the FCC, and a 4th Circuit ruling that voided the TCPA's federal debt-collection exemption.
Viewpoint General

INSIGHT: California’s Privacy Act—Watch for an Expanding Private Right of Action

May 3, 2019 | Blog | By Joshua Briones, Esteban Morales, Matthew Novian

The California Consumer Privacy Act takes effect on January 1, 2020, but amendments are expected. In an article recently published by Bloomberg Law, Mintz attorneys Joshua Briones, Esteban Morales and Matthew Novian discuss the April 9 hearing on SB-561, a bill that would expand the private right of action and remove compliance opportunities for businesses, and explain why the bill should be closely watched.

News & Press

LinkedIn posting - NEWS AND PRESS
Managing Member of Mintz’s Los Angeles office Joshua Briones has been named to the Daily Journal’s 2019 list of the Top 100 Lawyers in California. In addition, Mr. Briones was profiled in the publication’s September 18 issue.
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.
Mintz attorneys, Mathilda McGee-Tubb and Joshua Briones, author this article which addresses the case before the Ninth Circuit, where Facebook contends that a BIPA class action would violate federal due process, because it could result in a huge statutory damages award untethered to any injury, and inconsistent with BIPA’s legislative intent. If Facebook succeeds in this argument, it will open the door to other defendants doing the same.

INSIGHT: Ninth Circuit Delivers Bad News to Domino’s and ADA Website Accessibility Defendants

January 24, 2019 | https://news.bloomberglaw.com/us-law-week/insight-ninth-circuit-delivers-bad-news-to-dominos-and-ada-website-accessibility-defendants Bloomberg Law

This Bloomberg “Insight” column, authored by Mintz’s Joshua Briones and Nicole Ozeran, discusses a recent Ninth Circuit ruling in an American with Disabilities Act (ADA) lawsuit and what companies can learn from this in terms of their own websites.
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.
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.
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.

Most Influential Minority Attorneys

January 22, 2018 | Los Angeles Business Journal

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.

Dinner Reservation Text Promoting Specials Isn’t Advertising

November 29, 2017 | Bloomberg BNA Technology, Telecom & Internet Blog

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.
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. 

The Batmobile Is Here, But Is the Law Ready for Autonomous Cars?

July 25, 2016 | http://www.nationallawjournal.com/id=1202763448442?keywords=%22Joshua%20Briones%22&publication=National%20Law%20Journal&slreturn=20160702093254 The National Law Journal

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

Moderator
Speaker
May
1
2019

Women Doing Well While Doing Good

Shutters on the Beach

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

Panelist
Oct
22
2019

Avoid False Advertising Scandals that Damage Your Brand

ACC Southern California In-House Counsel Conference - January 31, 2019

Hollywood, CA

Speaker
Oct
22
2019