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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.

Education

  • University of California - Los Angeles (JD)
  • New York University (BA, with distinction)

Recent Insights

News & Press

Events

Viewpoints

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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, Geanette Foster

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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TCPA Litigation Update — The TCPA’s Constitutionality After Barr v. AAPC

February 17, 2021 | Article | By Joshua Briones, Matthew Novian

Whether the Sixth Circuit will agree with the attorneys general is unknown and largely dependent on the panel. Nevertheless, that decision will have no bearing on the cases currently being decided in the Eleventh Circuit. We will closely monitor any developments from the Sixth Circuit and other district courts as this line of cases continues to make headway across the nation.
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Monthly TCPA Digest — February 2021

February 17, 2021 | Article | By Russell Fox, Joshua Briones, Elana R. Safner, Jonathan P. Garvin, Matthew Novian

The February TCPA Digest discusses industry input on facilitating adoption of best practices for combatting illegal robocalls in hospitals, a compliance date for voice service providers regarding the Reassigned Numbers Database, and efforts by attorneys general to reverse a ruling that TCPA violations occurring between 2015 and July 2020 are unenforceable because the TCPA law was then unconstitutional.
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Monthly TCPA Digest — December 2020

December 16, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Mintz’s December TCPA Digest covers the oral argument in the Supreme Court’s Facebook, Inc. v. Duguid case about the TCPA’s definition of an ATDS and TCPA-related activity at the FCC, including its Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers.
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TCPA Litigation Update — Supreme Court Hears Oral Argument on TCPA Autodialer Provision

December 16, 2020 | Article | By Joshua Briones, Matthew Novian

Read about the oral argument at the Supreme Court in Facebook, Inc. v. Duguid, et al., a case about the TCPA's definition of an automatic telephone dialing system.
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Monthly TCPA Digest — November 2020

November 13, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

This issue covers Johnson v. NPAS Sols., LLC, a class action in which the 11th Circuit invalidated the use of incentive awards for named plaintiffs, a decision that could discourage the filing of TCPA class actions nationwide. The newsletter also provides early implementers with tips on filing for voluntary STIR/SHAKEN implementation exemptions.
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TCPA Litigation Update — Eleventh Circuit Rejects Incentive Awards, District of New Jersey Court Refuses to Adopt Reasoning
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Breaking: SCOTUS Will Decide ATDS Definition in Facebook, Inc. v. Duguid et al.

July 10, 2020 | Blog | By Joshua Briones, Crystal Lopez, Esteban Morales, Matthew Novian

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Breaking: Supreme Court Scraps TCPA’s Government Debt Exception

July 6, 2020 | Alert | By Joshua Briones, Crystal Lopez, Esteban Morales, Matthew Novian

This alert covers the US Supreme Court’s ruling in Barr v. American Association of Political Consultants, Inc., which invalidated the TCPA’s government debt exception but left the remainder of the statute intact.
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This newsletter covers the Ninth Circuit’s N.L. v. Credit One Bank ruling and the FCC’s continuing steps to implement portions of the TRACED Act and extend protections against illegal and unwanted robocalls.
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News & Press

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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.
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.
Attorney Jason Halperin addresses Coker’s lawyer filing a notice of voluntary dismissal — only two days after it was filed.
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.