Kevin M. McGinty

Privacy and Data Security

• Represent large life insurance and annuity provider in a set of class actions consolidated as part of a large MDL arising from the compromise by threat actors of MOVEit secure file transfer software.
• Represented large regional food wholesaler in class action arising from exploit that exposed employee data; obtained dismissal of unfair trade practices and other common law claims, and then negotiated a class settlement.
• Represented group of affiliated automobile dealerships in a class action concerning threat actor compromise of internal data systems.
• Represented pharmacy chain in class action alleging that transfers of prescription records in connection with acquisitions of independent pharmacies violated privacy rights of patients whose records were transferred; obtained dismissal of most alleged claims, decertified the class, and then prevailed at trial.
• Represented pharmacy chain in class action alleging that program to send informational mailings to pharmacy customers violated their privacy rights; partially defeated initial class certification motion, then obtained class decertification and prevailed on the merits of the class representative claim at summary judgment.

Health Care and Life Sciences

• Represent health plans in False Claims Act lawsuit alleging the wrongful retention of overpayments under a program to provide health care services to active duty and retired military personnel and their families.
• 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.
• Defended pharmaceutical company against class action alleging that unsolicited faxes inviting health care providers to an educational seminar violated the TCPA, obtaining dismissal of all claims.
• 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.
• Have represented multiple health care clients in confidential investigations and arbitrations.

Consumer Goods and Professional Services

• Represent large regional bus company in class action alleging that the practice of separately charging fees in addition to the fares for travel on its busses violates state consumer protection laws and various common law duties.
• 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.

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.