2029 Century Park East,Suite 1370
Los Angeles, California 90067
Joshua, Managing Member of the firm’s LA office, is a highly experienced trial lawyer with a national practice focused on bet-the-company class actions. He has participated in the defense of dozens of class actions in state and federal courts across the country involving all stages of the litigation and appellate processes.
Prior to joining Mintz Levin, Joshua was a partner in the LA office of a global law firm, where he focused his practice on class actions involving privacy, communications, and consumer products.
Joshua has represented clients in consumer protection matters for more than 15 years, always keeping his clients’ interests paramount. When settlement is appropriate, he leverages his significant experience developing creative resolutions of class claims to advance the most favorable outcomes, either on an individual or class basis, and to obtain preliminary and final judicial approval, when necessary. He has represented major sports teams and retailers as well as prominent clients in the insurance, telecommunications, financial services, manufacturing, environmental, and pharmaceutical industries.
Since the early 2000s, Joshua has advised and defended clients on TCPA faxing, prerecorded voicemail messages, mobile calls, and text messages. He also defends companies sued for allegedly improper call recording, collecting personal information, fraudulent and/or deceptive charges, negative options, disclosure issues, direct marketing, mobile and electronic commerce platforms, loyalty programs, and other promotions practices. He is well-versed in substantive privacy and marketing laws, regulations, and best practices, and uses his insight to design and implement compliant marketing programs.
Joshua regularly defends class and regulatory actions alleging that companies or their executives engaged in false or deceptive marketing. These claims often involve allegations that products or services lack adequate substantiation or that companies or individuals have failed to disclose material information. Joshua has successfully defended claims involving allegedly false or deceptive representations related to dietary supplement products, wellness devises, food products, direct marketing businesses, and guarantees and warranties.
In addition, Joshua has an active complex business litigation practice, and regularly represents parties in securities, anti-trust, trademark, trade secrets, and copyright actions.
Earlier in his career, Joshua served as an adjunct professor of law, teaching classes on class actions in the United States for the Universidad Panamericana and the Instituto Tecnológico Autónomo de México (ITAM) in Mexico City.
|Areas of Practice||1) Litigation, 2) Securities Litigation, 3) Privacy & Security, 4) Patent Litigation, 5) Sports Law, 6) Trademark and 7) Copyright & Domain Name Protection|
|Law School||New York University School of Law (LL.M.,2001);University of California, Los Angeles - School of Law (J.D.,1999)|
|Education||San Diego State University (M.A.,1996)|
|Bar Member / Association||California State Bar Association|
|Most recent firm||Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.|
Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.