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Kevin M. McGinty

Member / Co-chair, Class Action Practice

[email protected]

+1.617.348.1688

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Kevin is an accomplished litigator with deep experience defending clients in class action and health care related litigation. Kevin co-chairs the firm's Class Action Practice, and ably represents clients in a wide variety of non-securities class claims, including consumer, privacy, contract, antitrust, unfair trade practice, tort, and employment class actions.

A significant focus of his practice is representing health care-related companies – including pharmacies, PBMs, hospitals, clinical laboratories, diagnostic imaging providers, equipment manufacturers, pharmaceutical companies, and managed care organizations – in class action, contract, regulatory and False Claims Act lawsuits. In addition to health care clients, companies in diverse industries — including financial services, manufacturing, insurance, real estate, and retail — seek Kevin’s assistance on class action and complex litigation.

Kevin's extensive trial experience includes civil bench trials and jury trials in federal and state courts, as well as arbitrations before American Arbitration Association panels. He has appeared in state and federal courts in Alabama, California, Connecticut, Delaware, Florida, Indiana, Illinois, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, and Texas.

Kevin has spoken on national panels concerning class action and privacy litigation, and has written extensively on class actions, privacy litigation, fraud and abuse litigation, and unfair trade practice litigation.

Education

  • Boston College (JD)
  • Harvard College (AB, Government)

Experience

Health Care and Life Sciences

  • Represent regional emergency hospital group in class action alleging improper and/or excessive billing for in-house clinical laboratory services.
  • Represented large medical supply company in connection with a whistleblower action alleging that the resolution of certain rebate disputes with a managed care company resulted in illegal kickbacks and violation of the federal False Claims Act.
  • Represented large medical supply company in connection with a whistleblower action alleging that the resolution of certain rebate disputes with a managed care company resulted in illegal kickbacks and violation of the federal False Claims Act.
  • Defended pharmaceutical company against class action alleging that unsolicited faxes inviting health care providers to an educational seminar violated the TCPA.
  • Represented large regional health system in connection with an action seeking entry of a consent judgment to resolve state and federal antitrust claims and permit acquisitions of two community hospital systems.
  • Defended large national clinical laboratory against claims that its agreements with large managed care companies resulted in purported illegal kickbacks, giving rise to violations of the False Claims Act. Identified the grounds on which the defendant obtained dismissal, establishing a precedent that was affirmed in the federal Court of Appeals for the Second Circuit.
  • Obtained dismissal of a “junk fax” class action brought under the TCPA in connection with informational faxes sent to a health care benefit administrator’s network of providers.

Construction and Real Estate

  • Represent former owner and operator of residential apartment complex in class action alleging violations of laws governing handling of security deposits and submetering of water and sewer utilities.
  • Represent an owner and operator of residential rental properties in a class action alleging a failure to properly repair, preserve and maintain units located in a subsidized housing project.
  • Defended a construction industry labor union against claims that enforcement of subcontracting requirements in its collective bargaining agreements violated Sections 1 and 2 of the Sherman Act. Crafted and argued winning summary judgment motion dismissing plaintiff’s antitrust claims.

Education

  • Defended a class action brought on behalf of all students at a school for developmentally disabled boys seeking damages for alleged acts of physical and emotional abuse committed by staff at the school. Obtained dismissal of the claims asserted on behalf of the putative class based on the inability to prove the class claims through evidence common to the class as a whole.

Consumer Goods and Professional Services

  • Represent multiple automobile dealership group against class actions alleging that compensation of inside sales employees violated state wage, overtime, and Sunday pay requirements
  • Represented national manufacturing trade associations in connection with submission of amicus briefs concerning class certification appeals pending before the U.S. Supreme Court and multiple federal circuit courts of appeal
  • Represented national oil change service franchise operator in class action alleging that that the defendants misrepresented oil change intervals recommended for customers’ cars. Obtained favorable individual settlement in exchange for dismissal of class claims
  • Obtained voluntary dismissal of class action brought against a community bank alleging fraudulent and deceptive marketing practices in connection with the marketing of interest-bearing checking accounts.
  • Defended large private equity firms in a class action alleging that defendants engaged in bid rigging and market allocation in connection with large-cap leveraged buyout transactions.
  • Defended national retailer against class action alleging violation of statute prohibiting collection of zip codes in connection with credit card transactions. Obtained individual settlement and voluntary dismissal of class claims.

Recognition & Awards

  • Massachusetts Super Lawyers: Class Action (2004 – 2021)
  • Martindale-Hubbell AV Preeminent

Viewpoints

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Health Care Enforcement Year in Review & 2021 Outlook

February 18, 2021 | | By Eoin Beirne, Brian Dunphy, Karen Lovitch, Kevin McGinty, Samantha Kingsbury, Keshav Ahuja, Grady Campion, Jane Haviland, Caitie Hill

Despite the threat of COVID-19 paralyzing much of the country in 2020, government health care fraud enforcement continued even though the Department of Justice (DOJ) had the added burden of pursuing COVID-19 related fraud. Mintz’s Health Care Enforcement Defense team has reviewed the key policy issues, statistics, settlements, and court decisions from 2020, and in this report we reflect on those developments and also predict the trends in health care enforcement in 2021 and beyond.
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Read about a new Brazilian policy that permits certain citizens of the United States, Canada, Australia, and Japan to enter Brazil without obtaining a visa prior to travel.
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Mintz Health Care Qui Tam Update - February 2019

February 20, 2019 | Article | By Hope Foster, Kevin McGinty, Randy Jones, Jane Haviland, Yarazel Mejorado

Read about health care qui tam litigation trends for the 12 months that ended on January 31 and significant cases, including two involving the issue of medical necessity.
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In 2018, the volume of False Claims Act (FCA) litigation remained high, and health care-related qui tam (i.e., whistleblower) cases continued to lead the way. Using data compiled in the Mintz Health Care Qui Tam Database (which is described further below), this post analyzes the trends in cases unsealed in 2018. To evaluate long-term trends, we examined the annual Department of Justice (DOJ) compilation of FCA cases. Together these data sets show that health care cases continue to make up a large majority of all whistleblower cases brought under the FCA, and almost two-thirds of those cases were brought by current or former employees, mostly against large pharmaceutical companies, physicians, and hospitals.
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Health Care Qui Tam Update

November 5, 2018 | Article | By Hope Foster, Kevin McGinty, Ellyn Sternfield, Benjamin Zegarelli

Read about health care qui tam litigation trends for the 12 months that ended on August 31 and significant cases, including two involving skilled nursing facilities.
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As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases.  In that case, the Seventh Circuit rejected arguments that customers claiming to have sustained only the theft of debit and credit card information had not alleged sufficient injury to have standing to sue. 
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Mintz Levin Health Care Qui Tam Update - August 2018

August 7, 2018 | Article | By Hope Foster, Kevin McGinty, Bridgette Keller

In this issue, we provide an overview of 46 recently unsealed qui tam cases and take an in-depth look at four of those cases. Two of the featured cases were filed by patients, a rare but growing category of relators, in one instance using supporting data from the CMS Medicare database. In addition, we discuss health care qui tam litigation trends based on filings in the 12-month period that ended on June 30, 2018, including the government’s intervention rate and the percentage of cases filed by customers, business partners, consultants, patients, and other nontraditional relators.
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In the latest decision concerning standing in data breach cases, the Fourth Circuit has vacated a district court’s dismissal and reinstated putative class action data breach litigation against the National Board of Examiners in Optometry Inc. (“NBEO”).
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A challenge to the use of a cy pres charitable donations to settle privacy claims against Google will be heard by the Supreme Court. In Frank v. Gaos, petitioners seek reversal of lower court decisions rejecting their objection to an $8.5 million settlement of claims arising from Google’s transmission of users’ search terms to third-party websites.
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Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

February 28, 2018 | Blog | By Jane Haviland, Kevin McGinty

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v. Attias.
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News & Press

Kevin McGinty is a Member in the Mintz Boston Office authored an article that was the first part of four in a series on health care enforcement trends in 2017. The series was published by Law360.
Boston Litigation Member Kevin McGinty was quoted in a Law360 article on how the Ninth Circuit’s decision in a case involving an allegedly inaccurate consumer report may seem beneficial to the plaintiffs at the outset but may leave companies with a stronger defense further down the line.
Boston Litigation Member Kevin McGinty was quoted in a Law360 article on the U.S. Supreme Court’s decision that a plaintiff claiming that the Xbox 360 unit was defective could not appeal a class certification order on the basis that the voluntary dismissal of his claims counted as a final decision.
Mintz Member Kevin McGinty is quoted in this feature article focusing on Target’s $10 million class action settlement, which allowed Target to avoid multiple data breach claims, as well as the future of the terms of privacy and data security pacts.
This is the fourth and final installment of a series from Mintz’s Health Law team recapping key government policies, regulations and enforcement actions from 2016 and discussing their potential impacts on 2017.
Litigation Member Kevin McGinty was quoted in a Law360 article on the impact of the U.S. Supreme Court’s decision in the Spokeo v. Robins case, noting that since SCOTUS’ landmark ruling there has been confusion among lower courts which could lead to another high court showdown.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Mintz Litigation Member Kevin McGinty is quoted in this Law360 article on Home Depot’s efforts to seek permission to bring several questions raised by a judge’s refusal to toss data breach claims asserted by financial institutions to the Eleventh Circuit.
Mintz Litigation Member Kevin McGinty is quoted in this Business Insurance piece on the U.S. Supreme Court’s ruling against Tyson Foods Inc. in a class action meant to determine whether workers should be paid overtime for the time spent putting on and taking off their work clothes.
Kevin McGinty, a Member of Mintz’s Litigation Practice, is quoted in a Society for Human Resource Management article covering the U.S. Supreme Court’s ruling validating the use of representative and statistical evidence in class actions.
Mintz Member Kevin McGinty is quoted in this Law360 article on the  U.S. Supreme Court’s upholding of the previous judgment against Tyson Foods Inc. in a class action lawsuit brought by workers fighting for overtime pay for time spent putting on and taking off their protective work uniforms.
Mintz Litigation member Kevin McGinty is quoted in this Law360 article on the U.S. Supreme Court’s ruling that “Tyson Foods workers could use statistical sampling to support class certification in a don-doff dispute.”
This feature story notes that for the second time this term, the U.S. Supreme Court has handed class action plaintiffs significant wins. The article recaps the Justices’ decision in Tyson Foods v. Bouaphakeo. Mintz Litigation Member Kevin McGinty provides commentary.
This Law360 feature article discusses some of the major data breach cases that may have significant impact but may have been overshadowed by cases like that of the Target and Wyndham suits. Mintz Litigation Member Kevin McGinty provides commentary.
This article focuses on the findings of a Department of Justice report which note an increase in False Claims Act litigation throughout the recent year. Mintz Member Kevin McGinty is quoted providing commentary.
Kevin McGinty, a Member of Mintz’s Litigation Practice, is featured in this Data Breach Today coverage discussing a Massachusetts judge's decision to allow a class-action lawsuit to proceed.
Kevin McGinty, a Mintz Member, authored this Life Science Compliance Update article examining the Department of Justice’s statistics on False Claims Act filings which have seen significant growth in recent years.