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
Viewpoints
Monthly TCPA Digest – January 2019
January 16, 2019|Article
TCPA Class Action Update – January 2019
January 16, 2019|Article
TCPA Class Action Update – December 2018
December 17, 2018|Article
News & Press
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.
Events
Mintz's Joshua Briones and Estaban Morales spoke on "Avoiding Consumer Class Action Liability" at the 2017 West Coast Director Education Forum in Los Angeles, CA.
Viewpoints
Monthly TCPA Digest – January 2019
January 16, 2019| Article
This TCPA Digest covers an FCC petition on how the TCPA defines telemarketing and dual purpose and an Eighth Circuit holding for an insurance carrier based on record-keeping.
TCPA Class Action Update – January 2019
January 16, 2019| Article
The Carrier with Better Record-Keeping Practices than the Insured Wins a Significant TCPA Insurance Coverage Dispute | Last week, the Eighth Circuit held that an insurance company was entitled to the presumption that its insured received notice of the TCPA policy exclusion. As a result, there was no coverage available in a TCPA lawsuit against the insured. The facts were on the carrier’s side mainly because it maintained better record-keeping practices than the policyholder.
TCPA Class Action Update – December 2018
December 17, 2018| Article
Despite the overwhelming focus this year on the issue of what constitutes an automatic telephone dialing system, defendants should not ignore other defenses that could substantially gut TCPA class action lawsuits.
Monthly TCPA Digest – December 2018
December 17, 2018| Article
This TCPA Digest examines recently introduced Congressional bills focused on combatting robocalls and the FCC’s order to establish a single reassigned numbers database.
Monthly TCPA Digest – November 2018
November 19, 2018| Article
This TCPA Digest covers the Supreme Court’s decision to hear the PDR Network, LLC v. Carlton & Harris Chiropractic case and provides news from the FCC, including a notice to voice providers that action will be taken if the industry-led call authentication system doesn’t materialize soon.
TCPA & Consumer Calling Digest – October 2018
October 22, 2018| Article
Read about recent TCPA cases and FCC comment periods on automatic telephone dialing systems, call blocking technologies, and a proposed emergency use exemption to the TCPA.
TCPA & Consumer Calling Digest – September 2018
September 20, 2018| Article
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.
TCPA & Consumer Calling Digest - August 2018
August 13, 2018| Article
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.
TCPA & Consumer Calling Digest - July 2018
July 18, 2018| Article
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.
TCPA & Consumer Calling Digest - June 2018
June 11, 2018| Article
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.
News & Press
The Latest On Article III Standing In False Ad Class Actions
December 14, 2018 | Law360
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 | Law360
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.
Defenses Remain For Companies In Calif. Call Recording Suits
June 21, 2018 | Law360
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.
Yelp Escapes Privacy Suit Over Recording Sales Calls
April 19, 2018 | Law360
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.
For Mintz partner Joshua Briones LLM ’01, mentorship makes all the difference
December 21, 2017 | NYU Law
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.
BART Derails App User's Data-Collection Class Action
December 15, 2017 | Law360
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 Expands Office Space in Los Angeles
December 04, 2017
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.
From Migrant Field Worker to Big Law Managing Partner—The Remarkable Journey of Joshua Briones
September 6, 2017 | The American Lawyer
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 Dos and Don’ts Of Minimizing Risk For TCPA Liability
July 14, 2017
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.
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.”
False Labeling Suits Get Hung Up On Faulty Damages Models
December 30, 2016
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.
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.
Challenging No-Injury Class Actions In State Court
August 30, 2016
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 | 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.
UP CLOSE: Joshua Briones
June 7, 2016
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
Speaker