Joseph A. Escarez
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Senior Counsel[email protected] |
Professional Experience |
Joseph A. Escarez is Senior Counsel at Johnson and Johnson and focuses his practice on class actions and other complex matters. Mr. Escarez has obtained significant victories on behalf of companies and individuals in a wide range of high-stakes actions across various industries. |
Professional Experience
Mr. Escarez is a seasoned litigator and his diverse practice includes class and individual actions in a variety of industries, including entertainment, sports, transportation, retail, hospitality, education, banking and finance, securities, and healthcare.
Mr. Escarez has successfully handled a wide range of actions, including contract disputes, civil and business torts, partnership and shareholder disputes, insurance coverage, civil rights, publicity and defamation, trade secret misappropriation, copyright infringement, consumer fraud, unfair business practices, and employment matters.
In addition to handling active litigation matters, Mr. Escarez advises clients about legal and regulatory developments to assist them with compliance and risk management issues.
Representative Matters
· Prevailed on summary judgment in nationwide class action alleging that unsolicited text messages sent by company operating worldwide online payment system violated the Telephone Consumer Protection Act (TCPA).
· Obtained favorable settlement of class action alleging that defendant merchant cash advance company recorded telephone calls in violation of the California Invasion of Privacy Act (CIPA).
· Settled class action claims against regional supermarket chain alleging that text message advertisements violated the TCPA.
· Obtained favorable settlement of nationwide TCPA and Rosenthal Act class action against fintech company that provides consumer loans to the Spanish-speaking community.
· Favorably settled numerous individual and class actions against national banks, credit card companies, and other consumer lenders alleging violations of the TCPA, Fair Debt Collection Practices Act, Fair Credit Reporting Act, and California's Rosenthal Act.
· Obtained favorable nationwide class action settlement of claims involving national bank's promotional credit card balance transfer offers and alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and violations of Truth-in-Lending Act and state unfair and deceptive acts and practices statutes.
· Obtained settlement of multidistrict litigation alleging that national bank's promotional credit card loan offers breached the implied covenant of good faith and fair dealing.
· Obtained favorable settlement of multiple nationwide class actions alleging underwriter made material misrepresentations in offering documents for US-listed Chinese company in violation of Securities Act.
· Prevailed on summary judgment in class action brought by ERISA benefit plan participants alleging that plan's alleged failure to pay medical benefits and plan trustees' related conduct violated 29 U.S.C. §§ 1132(a)(1)(B) and (a)(2).
· Settled claims against operator of beauty supply stores alleging that competitor price-matching advertisements and practices violated California's UCL and CLRA.
· Settled a nationwide putative class action which alleged violations of the Truth in Lending Act involving national bank's notices of repossession for yacht watercraft.
· Settled nationwide class claims alleging violations of Credit Repair Organizations Act against national bank.
· Settled class action alleging that merchant cash advances were disguised loans and violated California's usury laws.
· Settled Pennsylvania and California class action involving the operation of bad check diversion programs and alleging violations of RICO, FDCPA, and state UDAP statutes.
· Prevailed on summary judgment in action on behalf of nonprofit research organization for property tax refund based on welfare exemption; case ultimately settled whereby organization would be entitled to exemption going forward.
· Obtained writ of mandate directing the California Department of Fish and Wildlife to vacate its denial of breeding zoo's request to waive the permit requirement for the possession and transportation of restricted species, to reconsider the waiver request in good faith and determine whether the breeding zoo met the criteria set forth in Fish and Game Code section 2150.
· Successfully arbitrated nine-figure claims on behalf of world-renowned plastic surgeon against Fortune 100 medical device company for breach of contract.
· Advised numerous companies, including retailers, hotel operators, restaurants and non-profit organizations, regarding their ability to surcharge credit card transactions, potential liability and penalties under various state laws, and other available options to reduce credit card transaction costs.
· Advised various companies and organizations, including consumer lenders, national hotel chain operators, and global biotech and medical research companies, in comprehensive compliance reviews of all outbound calling, text messaging, and call recording activities for compliance with the TCPA and related state and federal laws.
Education
- J.D., University of California, Davis School of Law (2009)
- B.A., California State University, Los Angeles (2004)
Practice Areas
- Business Litigation
- Entertainment Litigation
- Intellectual Property Litigation
- Defamation, Media, and First Amendment Law
- Rights of Privacy and Publicity
Admissions
- California
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