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.
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.
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.
- 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.
viewpoints
The Definition of Insanity? Wendy’s Shareholders File Derivative Action Based on 2015-16 Data Breach
December 20, 2016 | Blog | By Kevin McGinty
An old saw defines insanity as doing the same thing over and over again and expecting a different result. Wendy’s shareholders recently flouted that maxim by filing a derivative action this week against officers and directors of the fast-food chain seeking recovery on behalf of the corporation for damages arising from a data breach that affected over 1,000 franchise locations between October 2015 and June 2016.
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A Failed Strategy: Another Derivative Action In A Data Breach Case Goes Down To Defeat
December 2, 2016 | Blog | By Kevin McGinty
An attempt to impose liability on corporate officers and directors for data breach-related losses has once again failed. On November 30, 2016, a federal judge in Atlanta issued a 30 page decision dismissing a shareholder derivative action arising out of the September 2014 theft of customer credit card data from point-of-sale terminals in Home Depot stores.
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Alleged Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in Latest Gmail Privacy Class Action
October 3, 2016 | Blog | By Kevin McGinty
In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of any further alleged injury, to establish Article III standing.
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Sixth Circuit Rules That Theft of PII from Insurance Company Results in Article III Standing
September 16, 2016 | Blog | By Kevin McGinty
In its recent decision in Galaria v. Nationwide Mut. Ins. Co., no. 15-3386 (6th Cir. Sept. 12, 2016). Co., No. 15-3386 (6th Cir. Sept. 12, 2016), a divided Sixth Circuit panel held that plaintiffs had standing to assert claims arising from hackers’ alleged theft of data containing plaintiffs’ sensitive personal data, including dates of birth and Social Security numbers.
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Fizzled Suit Against Target Officers and Directors Raises Question as to the Value of Derivative Claims in Data Breach Cases
July 13, 2016 | Blog | By Kevin McGinty
In a terse two-page order, Senior District Court Judge Paul Magnuson dismissed derivative claims brought against officers and directors of Target in connection with the 2013 holiday-season data breach.
Read more
Supreme Court’s Spokeo Decision Strengthens Standing Defense For Employers In FCRA And Other Statutory Class Actions
June 3, 2016 | Blog | By Kevin McGinty, George Patterson
In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal statutes absent a sufficient allegation of the existence of a concrete injury.
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Supreme Court Decision in Spokeo Breathes Life Into Standing Defenses
May 16, 2016 | Blog | By Kevin McGinty
In its just-issued decision in Spokeo, Inc. v. Robins, No. 13-1339, slip op. (May 16, 2016), the Supreme Court has held that a plaintiff bringing suit under a federal statute must allege the existence of a concrete injury in order to have Article III standing to bring that statutory claim.
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It’s A Wrap! Sony Pictures Data Breach Case Settles Without A Hollywood Ending For The Plaintiff Class
April 8, 2016 | Blog | By Cynthia Larose, Kevin McGinty
Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the studio’s stars, executives and employees.
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The Supreme Court’s Tyson Foods Ruling and Employee Class Actions
March 28, 2016 | Alert | By Michael Arnold, Kevin McGinty, David Barmak
The US Supreme Court ruled Tuesday that Tyson Foods employees can use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action bar a second victory in the Court’s current term, albeit a far narrower one than many commentators had feared.
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Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide Liability and Damages, But It Leaves Open Question of Whether Classes Can Include Uninjured Class Members
March 24, 2016 | Blog | By Kevin McGinty, David Barmak, Brent Douglas
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs' class action bar a second victory in the Court's current term, albeit a far narrower one than many commentators had feared.
Read more
News & Press
Twenty-Five Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 21, 2023
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
Twenty-Eight Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 22, 2022
In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
2017 Health Care Enforcement Review: Trends In FCA Cases
January 16, 2018
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.
Spokeo Ruling Deals Blow To Cos. But May Have Silver Lining
August 15, 2017
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.
Justices Level Class Action Playing Field In Xbox Ruling
June 12, 2017
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.
Target Data Breach Deal's Hiccup Puts Focus On Standing
February 2, 2017
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.
Health Care Enforcement Review And 2017 Outlook: Part 4
January 19, 2017
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.
Spokeo Split: How High Court's Ruling Is Being Interpreted
December 7, 2016
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.
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
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.
Home Depot Appeal To Test Banks' Data Breach Footing
July 7, 2016
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.
Supreme Court Decision 'Huge David v. Goliath Victory'
March 23, 2016
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.
Attorneys React To High Court's Tyson Class Action Ruling
March 23, 2016
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.
Tyson Ruling Tees up More Class Action Evidence Fights
March 23, 2016
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.”
Justices Hand Class Action Plaintiffs Second Win This Term
March 23, 2016
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.
5 Privacy Litigation Developments You May Have Missed
January 26, 2016
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.
Report Shows 'Explosion' in Health Care Whistleblower Suits
January 18, 2016
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.
Analysis: Unusual Ruling in Massachusetts Breach Case
January 7, 2016
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.
Events & Speaking
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.
Recognition & Awards
Massachusetts Super Lawyers: Class Action (2004 – 2021)
Boston Magazine Top Lawyers – Class Action (2022-2023)
Martindale-Hubbell AV Preeminent
Recent Insights
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
