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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."

Joshua applies the same dedication and passion to family, civic and community matters as he does to his clients. Joshua is married to Stephanie. They are raising their five children, Estella, Maximilian, Leonardo, Augustin and Vivienne.  They are active volunteers in the community.  As part of his commitment to the community, Joshua has served on numerous boards. He frequently publishes and lectures before national and local community groups.

CLASS ACTION DEFENSE

Joshua has served as lead defense counsel on over 500 alleged nation-wide class actions in state and federal courts across the country.  He and his team have secured favorable orders from trial courts and courts of appeal on key issues and defenses, creating and innovating favorable precedent across the nation.  A skilled negotiator, Joshua has a long record of securing dismissals and extremely favorable settlements for his clients.

Marketing and Advertising

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 on behalf of Fortune 500 companies involving allegedly false or deceptive product representations in virtually every industry, including electronics, pharmaceuticals, medical devices, over-the-counter drugs and dietary supplements, all-natural goods, products made in the USA, food, confections, cosmetics, fashion retail, and wellness devices.  He also has substantial experience defending against false advertising claims involving services in the direct marketing businesses, payment processing industries, financial services, and transportation industries. 

Joshua draws on his litigation experience to advise his clients on product development, risk assessments, creatively designing product labeling, and risk mitigation strategies to help them develop a strong competitive edge while minimizing the risk of legal attack.

Privacy

Joshua successfully defends clients against privacy allegations founded in consumer statutes such as the TCPA, FCRA, FDCPA, FACTA, the Song-Beverly Act, VPPA, CAN-SPAM, CCPA, CLRA, state and federal wiretap acts, biometric acts, and unfair competition laws.  These claims often involve the alleged improper disclosure or use of private information and data. 

As a result of his deep experience defending privacy class actions, Joshua also regularly drafts and amends privacy policies, risk management protocols, and a broad range of data management issues, including managing privacy class action risks, trans-national data flows, navigating difficult conflicts between foreign privacy laws and US compliance obligations, 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.

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.

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.

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.

COMPLEX BUSINESS LITIGATION

In addition, Joshua has more than twenty years of experience representing clients in complex business litigation involving anti-trust, trademark, trade secrets and copyright claims across a variety of industries including professional services, financial services, construction, aviation, medical device, manufacturing, energy, and technology (hardware and software).

Education

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

Experience

  • Emanuel v. The Los Angeles Lakers Inc., 13-55678 (CD CA) – Motion to dismiss Plaintiff’s class action claims that Defendant contacted Plaintiff without consent granted with prejudice (no discovery).
  • Baird v. Sabre Inc. CV-00999-SVW-JPR (CD CA) – Motion to dismiss Plaintiff’s class action claims that Defendant contacted Plaintiff without consent granted with prejudice (no discovery).
  • ConsumerInfo.com, Inc. v. Money Management International, Inc., 374 Fed. Appx. 696, 2010 WL 882868 (C.A. 9 March 11, 2010) - Reversed the trial court’s granting of the plaintiff’s motion for summary judgment involving client’s trademark.
  • Dillon et al. v. Wingstop Restaurants Inc., 17-02123-CJC (CD CA) – Motion to dismiss Plaintiff’s class action claims that Defendant contacted Plaintiff without consent granted.
  • Gruber v. Yelp Inc. CGC 16-554784 (ND CA) – Motion for summary judgment of Plaintiff’s claims that Defendant unlawfully recorded conversations granted.
  • Katz v. Metropolitan Transportation Authority, 1:17-CV-00472-KAM-RLM (ED NY) – Motion to dismiss Plaintiff’s class action claims that Defendant disclosed Plaintiff’s allegedly private data without consent.
  • Lifsey et al. v. Kraft Foods Global Inc., 2-07-CV-D0041 (CD CA) – Motion to dismiss Plaintiff’s class action claims labeling misrepresented the actual ingredients in the product granted with prejudice.
  • Moreno v. San Francisco Bay Area Rapid Transit District, et al., 17-CV-02911-JSC (ND CA) – Motion to dismiss Plaintiff’s class action claims that Defendant secretly tracked users granted.
  • Quan v. Computer Sciences Corp., 623 F.3d 870 (9th Cir. 2010) – Motion for summary judgment affirmed as to Plaintiff’s class action claims involving securities investments by ERISA fiduciaries.

Recognition & Awards

  • Recognized by the Los Angeles Business Journal as one of the Leaders of Influence: Litigators & Trial Lawyers in Los Angeles (2020)
  • 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/Top Minority Attorneys in Los Angeles (2018; 2020)
  • 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

Viewpoints

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Monthly TCPA Digest — May 2020

May 14, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Mintz’s May TCPA Digest covers the Supreme Court oral argument in Barr v. AAPC on the TCPA’s autodialer restriction and the FCC’s implementation of the TRACED Act.
Read more
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Read about the Supreme Court’s discusson in Barr v. AAPC on whether to strike down the TCPA’s autodialer restriction or the statute’s government-debt exception.
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TCPA Litigation Update — Circuit Split Deepens on What Constitutes an ATDS Under the TCPA

April 16, 2020 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana Safner

Read about a 2nd Circuit holding that equipment that merely stores and dials telephone numbers constitutes an ATDS and the 7th Circuit’s holding that a $280 million penalty against DISH for illegal telemarketing was insufficient.
Read more
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Monthly TCPA Digest — April 2020

April 16, 2020 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana Safner

Mintz’s April TCPA Digest covers a circuit split on what an Automatic Telephone Dialing System is under the TCPA and a petition at the FCC for a TCPA emergency exception for COVID-19 communications.
Read more
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Monthly TCPA Digest — March 2020

March 19, 2020 | Article | By Joshua Briones, Russell Fox, Esteban Morales, Elana R. Safner

This month’s TCPA digest reviews the FCC’s order mandating STIR/SHAKEN implementation by June 30, 2021 and provides insight on TCPA cases including Barr, which could invalidate the TCPA’s ATDS provisions.
Read more
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TCPA Litigation Update — Putting the Brakes on TCPA Litigation

March 19, 2020 | Article | By Joshua Briones, Esteban Morales

This month’s digest reviews the FCC’s order mandating STIR/SHAKEN implementation by June 30th, 2021 and provides insight on TCPA cases including Barr, which could invalidate the TCPA’s ATDS provisions.
Read more
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Monthly TCPA Digest – February 2020

February 20, 2020 | Article | By Joshua Briones, Russell Fox, Nicole Ozeran, Elana R. Safner

This newsletter covers recent TCPA appellate decisions by the 7th and 11th Circuit Courts and provides an update on the industry’s progress on call blocking.
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Monthly TCPA Digest – January 2020

January 14, 2020 | Article | By Joshua Briones, Russell Fox, Esteban Morales, Natalie Prescott, Elana R. Safner

Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
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TCPA Litigation Update — Breaking: U.S. Supreme Court Agrees to Decide Whether TCPA Exception Is Unconstitutional

January 14, 2020 | Article | By Joshua Briones, Natalie Prescott, Esteban Morales, Elana R. Safner

Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
Read more
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Data Breach Class Actions Under the CCPA

December 13, 2019 | Video | By Joshua Briones

Joshua Briones, Managing Member of Mintz’s Los Angeles Office, discusses what to expect on the data breach class action front once the California Consumer Privacy Act takes effect on January 1, 2020.
Read more

News & Press

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Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associate Nicole Ozeran co-authored an article published by Law360 on labeling considerations for manufacturers and retailers of plant-based meat and dairy substitutes to minimize liability exposure and avoid litigation.
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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.
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Managing Member of Mintz’s Los Angeles Office Joshua Briones was quoted in a Los Angeles Business Journal article discussing the increase of collaboration between the firm’s offices while working in a remote environment due to the coronavirus pandemic.
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Managing Member of Mintz’s Los Angeles Office Joshua Briones, Associates Crystal Lopez and Adam Korn, and client Vice President, General Counsel and Corporate Secretary of Hot Topic Kim Matthews co-authored an article published by Corporate Counsel that examined some of the challenges facing subscription-based companies during the pandemic, including regulation and litigation spurred by COVID-19, and offered tips on how to protect these businesses.
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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.
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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.
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The Daily Journal covered Mintz’s second annual “Lawyer for a Day” event held on March 5 in the firm’s Los Angeles office. During the event, Mintz hosted approximately 30 middle school students from New Los Angeles Charter School, a Title One school, for conversations with firm attorneys and external in-house counsel panelists to learn more about the legal profession and what it’s like to be a lawyer.
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Managing Member of Mintz’s Los Angeles office Joshua Briones and Associate Crystal Lopez, along with Senior Vice President of Legal, Fry Cook and Cashier at Raising Cane’s Chicken Fingers Camille Penniman, co-authored this article published by Corporate Counsel examining common law trends in bet the company class actions in 2019.
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.
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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.

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.
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.
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

Panelist
Mar
5
2020

Lawyer for a Day

Los Angeles, CA

Panelist
Moderator
Speaker
May
1
2019

Women Doing Well While Doing Good

Shutters on the Beach

Panelist
Mar
11
2019

Avoid False Advertising Scandals that Damage Your Brand

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

Hollywood, CA

Speaker
Mar
6
2019
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