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Matthew Novian

Associate

[email protected]

+1.310.226.7842

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Matt’s practice encompasses a wide range of business litigation and class action defense, with an emphasis on consumer fraud and privacy claims. He has extensive experience defending complex claims in both state and federal courts.  Matt has also successfully defended corporations in claims brought under the Copyright Act. 
 
He has succeeded in bringing early dispositive issues before the courts and saving costs associated with discovery, and is skilled in early and efficient dispute resolution, including mediation and class action settlements. Clients trust him because he has a keen understanding of their business and develops common-sense, business-minded and creative strategies to help resolve matters as efficiently as possible.
                                                                                         
In law school, Matt was chief submissions editor of the UCLA School of Law’s Entertainment Law Review. Throughout law school, Matt participated in a variety of pro bono programs, including the courtroom advocates program. Today, Matt maintains a pro bono practice, in which he counsels clients in matters related to immigration and domestic violence.

Experience

  • Represented a leading manufacturer of oral health products in a class action involving violations of the California Consumer Legal Remedies Act, the California False Advertising Law, the California Unfair Competition Law, breach of express warranty, breach of the implied warranty of merchantability and for fraud and negligent misrepresentation. Successfully secured a dismissal of all claims and won sanctions against Plaintiffs’ counsel.
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viewpoints

Telephone and Texting Compliance News — November 2022

November 29, 2022 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Matthew Novian

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Monthly TCPA Digest — June 2022

June 29, 2022 | Article | By Russell Fox, Jonathan P. Garvin, Matthew Novian

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TCPA Litigation Update — TCPA Fax Circuit Split in the Second and Third Circuits

January 21, 2022 | Article | By Joshua Briones, Esteban Morales, Matthew Novian

Mintz’s TCPA litigation team discusses a Second Circuit / Third Circuit split over what type of fax is considered an “unsolicited advertisement” under the TCPA.
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Monthly TCPA Digest — January 2022

January 21, 2022 | Article | By Russell Fox, Joshua Briones, Jonathan P. Garvin, Esteban Morales, Matthew Novian

Our TCPA newsletter covers new FCC guidance for callers using the Reassigned Numbers Database (RND), the TRACED Act Annual Report to Congress, a Ninth Circuit decision on the LiveVox Platform, and a circuit split focused on fax communications and what constitutes an “unsolicited advertisement” under the TCPA.
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TCPA Litigation Update — Courts Dispose of TCPA Claims at Summary Judgment Post-Facebook

August 18, 2021 | Article | By Joshua Briones, Crystal Lopez, Esteban Morales, Matthew Novian

Now, courts are applying Facebook’s holding to dispose of TCPA cases at summary judgment on the ATDS issue. See Timms v. USAA Federal Savings Bank, 2021 WL 2354931 (D.S.C. June 9, 2021); Barnett v. Bank of America, N.A., 2021 WL 2187950 (W.D. N.C. May 28, 2021).
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Monthly TCPA Digest — August 2021

August 18, 2021 | Article | By Russell Fox, Joshua Briones, Crystal Lopez, Esteban Morales, Matthew Novian

Our TCPA newsletter covers the FCC’s adoption of processes to appeal a decision to revoke a VoIP provider’s STIR/SHAKEN Service Provider Code (SPC) and to limit the ability of interconnected VoIP providers to obtain phone numbers for customers directly from the Numbering Administrator and discusses how courts are applying Facebook to dispose of TCPA cases at summary judgment – a welcome development for TCPA defendants.
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CCPA Breach Class Action Settlement About to Get “Minted”

May 20, 2021 | Blog | By Cynthia Larose, Matthew Novian

Although the California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020 and over 100 class actions referencing the CCPA have been filed to date, very few class actions have actually made their way to court approval.  That is about to change.
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Supreme Court Narrows Scope of TCPA in Landmark Autodialer Ruling

April 1, 2021 | Blog | By Joshua Briones, Russell Fox, Esteban Morales, Matthew Novian

In a unanimous decision, the Supreme Court expressly overturned the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, by holding, “to qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.” See Facebook v. Duguid, 592 U.S. (2021). “Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator. This definition excludes equipment like Facebook’s login notification system, which does not use such technology.”
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News & Press

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Managing Member of Mintz’s Los Angeles Office Joshua Briones, Member Arameh Zargham O'Boyle, and Associate Matthew Novian co-authored an article published by Security magazine examining the U.S. Supreme Court’s recent ruling in TransUnion LLC v. Ramirez and its potentially significant implications for data breach and privacy class actions.
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Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associate Matthew Novian co-authored an article published by Bloomberg Law that examined consumer protection laws regulating gift cards and emphasized the importance of proper training for retail employees to prevent class actions and other legal issues.
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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.
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.
Attorney Jason Halperin addresses Coker’s lawyer filing a notice of voluntary dismissal — only two days after it was filed.
Within 48 hours of initiating a copyright infringement suit against FJerry LLC, Elliot Tebele, Jerry Media and Tebele’s tequila venture JAJA Spirits for allegedly stealing a meme and posting it on the popular @fuckjerry Instagram, legal counsel for “content creator” Olorunfemi Coker filed to voluntarily dismiss the case without prejudice.
Mintz Member Jason Halperin quoted in this article on behalf of his client, Jerry Media, saying that Olorunfemi Coker, also known as @iamFemiFactor on Twitter, had no legal claim to the meme.
This New York Law Journal outside analysis column discusses the rapidly growing cryptocurrency space and how multiple federal and state agencies are trying to regulate these evolving markets. The column is authored by Mintz Members David Siegal and Jason Halperin. Associates Ellen Shapiro and Matthew Novian assisted in the preparation of this column.
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.
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Matthew Novian

Associate

Los Angeles