Nicole’s practice focuses on complex corporate litigation, with an emphasis on consumer fraud, online and telephone marketing, false advertising, and regulatory and statutory compliance issues. Nicole regularly advises clients in all stages of litigation, from pre-litigation counseling and investigation through discovery, dispositive motion practice, trial, and appeals. She has extensive experience successfully taking and defending depositions, arguing motions, and resolving matters through mediation and arbitration.
Nicole’s clients regard her as strategic and creative; they trust her common sense approach to problem-solving and appreciate her professional dedication and zealous advocacy of their interests.
Prior to joining Mintz, Nicole worked at a global law firm where she handled cases from inception to resolution, reaching favorable outcomes for her clients in dozens of matters. Nicole also previously served as a judicial intern for the Honorable M. Hannah Lauck at the U.S. District Court for the Eastern District of Virginia.
Education
- William and Mary Law School (JD)
- University of California - San Diego (BA)
Experience
- Defeated class certification in a consumer product matter, where plaintiff alleged false advertising claims on basis of nonfunctional slack-fill in product’s container
- Prepared successful Motions to Dismiss in various class actions, including:
- Mackinnon v. Hof's Hut Rests., Inc., Eastern District of California
- Dillion v. Wingstop Restaurants, Inc., Southern District of California
- Summary judgment granted in class action matter alleging violation of California’s Health Studio Services Act
- Obtained multiple favorable settlements in class actions involving violations of the TCPA, as well as website inaccessibility issues under the ADA
- Counseled corporate clients to ensure compliance with telemarketing laws and the ADA
Languages
- Russian
Recent Insights
Viewpoints
Monthly TCPA Digest – January 2019
January 16, 2019|Article
Monthly TCPA Digest – December 2018
December 17, 2018|Article
Monthly TCPA Digest – November 2018
November 19, 2018|Article
News & Press
This Law360 Expert Analysis column discusses how an earlier Ninth Circuit decision – which provided a clear rule regarding plaintiffs' standing to assert claims concerning products they did not purchase – has been used to defeat defendants’ motions to dismiss. A team of Mintz attorneys including Member Joshua Briones and Associates Esteban Morales and Nicole Ozeran authored the piece.
Viewpoints
Monthly TCPA Digest – January 2019
January 16, 2019| Article
This TCPA Digest covers an FCC petition on how the TCPA defines telemarketing and dual purpose and an Eighth Circuit holding for an insurance carrier based on record-keeping.
Monthly TCPA Digest – December 2018
December 17, 2018| Article
This TCPA Digest examines recently introduced Congressional bills focused on combatting robocalls and the FCC’s order to establish a single reassigned numbers database.
Monthly TCPA Digest – November 2018
November 19, 2018| Article
This TCPA Digest covers the Supreme Court’s decision to hear the PDR Network, LLC v. Carlton & Harris Chiropractic case and provides news from the FCC, including a notice to voice providers that action will be taken if the industry-led call authentication system doesn’t materialize soon.
TCPA & Consumer Calling Digest – October 2018
October 22, 2018| Article
Read about recent TCPA cases and FCC comment periods on automatic telephone dialing systems, call blocking technologies, and a proposed emergency use exemption to the TCPA.
TCPA & Consumer Calling Digest – September 2018
September 20, 2018| Article
In this issue, we look at industry comments on the FCC’s report on robocalling and efforts to urge the agency to reconsider its reassigned numbers database proposal. In addition, we examine a recent circuit split on what constitutes an automatic telephone dialing system (ATDS) in the Third and Ninth Circuits and what that means for TCPA defendants. The split follows the D.C. Circuit’s May 2018 decision in ACA International v. Federal Communications Commission, which set aside the FCC’s “unreasonably expansive interpretation” of what constitutes an automatic telephone dialing system.
TCPA & Consumer Calling Digest - August 2018
August 13, 2018| Article
This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.
TCPA & Consumer Calling Digest - July 2018
July 18, 2018| Article
This issue includes an update on activity at the FCC, specifically the agency’s progress in evaluating comments received in several ongoing TCPA proceedings. In addition, in our Class Action Update, we look at the current understanding of what constitutes an ATDS and why, in the wake of ACA International, it may be more difficult for plaintiffs to demonstrate that the companies they are suing used ATDS devices.
TCPA & Consumer Calling Digest - June 2018
June 11, 2018| Article
In this issue, we look at recent TCPA-related activity at the FCC, including the agency’s reevaulation of some TCPA rulings as well as a notable fine levied against a robocaller for malicious spoofing. In addition, in our Class Action & Litigation Update, we look at recent district court rulings offering different interpretations of what constitutes an ATDS, and consider where this split between the circuits leaves TCPA defendants.
TCPA & Consumer Calling Digest - May 2018
May 14, 2018| Article
This month we consider the Ninth Circuit’s pending Crunch ruling and how the decision may affect parties defending TCPA cases. You’ll find the story in our Class Action & Litigation Update. Our Legislative Update offers a quick review of the recent US House and Senate hearings on illegal robocalls. For a roundup of TCPA-related developments at the FCC, please see our Regulatory Update.
TCPA Class Action & Litigation Updates: A New Ruling Offers a Useful Tool for Limiting the Size of a TCPA Class
April 18, 2018| Article
Roughly around this time last year, the U.S. Supreme Court issued its ruling in Bristol-Myers Squibb v. Superior Court, 137 S. Ct. 1773 (2017), wherein the Court rejected the California Supreme Court’s finding of specific jurisdiction over mass tort claims filed by nonresidents.
News & Press
The Latest On Article III Standing In False Ad Class Actions
December 14, 2018 | Law360
This Law360 Expert Analysis column discusses how an earlier Ninth Circuit decision – which provided a clear rule regarding plaintiffs' standing to assert claims concerning products they did not purchase – has been used to defeat defendants’ motions to dismiss. A team of Mintz attorneys including Member Joshua Briones and Associates Esteban Morales and Nicole Ozeran authored the piece.