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Esteban Morales

Associate

Emorales@mintz.com

+1.310.226.7841

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Esteban is an experienced litigator whose practice is principally focused on class action defense and financial services litigation. Esteban has successfully defended both small and large corporate clients targeted in class action suits alleging violations of various federal and state statutes, including the Telephone Consumer Protection Act, the Fair and Accurate Credit Transactions Act, California’s Unfair Competition Law, and California’s Invasion of Privacy Act. Results include dismissals at the pleading stage and without any discovery following aggressive defense strategies. In addition to defending class actions, Esteban has represented clients in corporate, real estate, trust and estate, and securities disputes. He is also a member of the firm's Sports & Entertainment Practice.

Before joining the firm, Esteban served as in-house Counsel for a major broker-dealer with thousands of registered representatives stationed throughout the country. In his capacity as an in-house attorney, Esteban litigated cases, routinely interfaced with insurance carriers and brokers, managed outside counsel, and advised on regulatory matters.

Esteban has been featured in The American Lawyer for his pro bono work with immigrant youth seeking Special Immigrant Juvenile Status. Esteban also previously practiced at an international law firm and was an extern for the Honorable Dale S. Fischer, US District Court, Central District of California.

Experience

Consumer and Privacy Class Actions

  • Motion to dismiss granted with prejudice (no discovery) in a privacy class action suit filed against a major NBA franchise
  • Voluntary dismissal of TCPA class action (no discovery) following filing of two Motions to Dismiss challenging jurisdiction, Opposition to a Motion to Transfer and service of a Rule 11 Motion
  • Summary judgment granted in favor of tolling authority in class action alleging excessive fines under the U.S. Constitution 
  • Motion to dismiss granted in a privacy class action filed against an app developer claiming an app functioned as a tracking device
  • Motion to dismiss granted in privacy class action alleged against public transportation authority
  • Motion to dismiss granted in class action alleging violations of the Confidentiality of Medical Information Act, UCL, and TCPA
  • Voluntary dismissal of class action alleging misclassifications against a tolling authority following filing of Motion to Dismiss
  • Demurrer granted in California Invasion of Privacy Act class action against national retailer
  • Summary judgment granted in favor of global distributions systems provider in class action alleging TCPA violation
  • Voluntary dismissal of TCPA class action alleged against auto dealership network
  • Voluntary dismissal of privacy class action alleged against creditor
  • Voluntary dismissal of FACTA class action alleged against local service provider
  • Successfully represented a software and private cloud services provider in a TCPA class action brought in the Northern District of California. Secured a settlement agreement with no admission of wrong doing for a small fraction of the estimated potential liability.

Securities

  • Managed litigation (including numerous FINRA arbitrations) for four independent broker-dealers
  • Advised clients in connection with SEC and FINRA exams and inquiries
  • Represented a federal equity receiver pursuing claims against former officers, directors, and auditors associated with a Ponzi scheme

Other Experience

  • Represented medical technology company in product liability litigation relating to EMS supplies and surgical tools
  • Second-chaired trial for declaratory relief involving assignment of a lease and prevailed on a motion for non-suit
  • Voluntary dismissal of arbitration claims against a creditor premised on violations of the TCPA, FDCPA, and Florida Consumer Collection Practices Act after successfully opposing the claimant’s bid for summary disposition
  • Provided TCPA and email-related marketing advice in connection with transaction
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viewpoints

TCPA Litigation Update — Eleventh Circuit Hits the Brakes on Class Settlement

August 29, 2022 | Article | By Joshua Briones, Esteban Morales

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Monthly TCPA Digest — August 2022

August 29, 2022 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales

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TCPA Litigation Update – Federal Circuits Weigh In on Facebook and Congress Seeks to Amend the TCPA

July 29, 2022 | Article | By Joshua Briones, Adam B. Korn, Esteban Morales

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Monthly TCPA Digest — July 2022

July 29, 2022 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Adam B. Korn, Esteban Morales

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Monthly TCPA Digest — March 2022

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

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TCPA Litigation Update — No Deference to the FCC’s 2006 Fax Order

March 21, 2022 | Article | By Joshua Briones, Esteban Morales

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Monthly TCPA Digest — February 2022

February 22, 2022 | Article | By Russell Fox, Joshua Briones, Jonathan P. Garvin, Adam B. Korn, Esteban Morales

Our TCPA newsletter discusses a proposed Declaratory Ruling that would require callers to obtain consent from consumers before delivering “ringless voicemail” messages; the FCC’s cease-and-desist letters to Great Choice Telecom and TCA Voip; and what constitutes a “voice,” post-Facebook.
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TCPA Litigation Update — What Is a “Voice” Post-Facebook?

February 22, 2022 | Article | By Joshua Briones, Adam B. Korn, Esteban Morales

Mintz’s TCPA litigation team discusses some plaintiffs’ attempts to argue that text messages can be considered “voices” under TCPA and may thus constitute TCPA violations.
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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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News & Press

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Managing Member of Mintz's Los Angeles Office Joshua Briones and Members Todd Rosenbaum and Arameh O'Boyle co-authored an article published by Corporate Counsel summarizing major developments for consumer class actions in 2021, many of which they wrote will carry over into 2022. The article included extensive contributions from Associates Crystal Lopez, Esteban Morales, and Adam Korn.
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Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associates Esteban Morales and Adam B. Korn co-authored an article published by Corporate Counsel examining major developments in high-stakes class action litigation in 2020. Notably, the authors wrote that courts have also begun to lay the groundwork for additional developments in 2021.
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Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associates Esteban Morales and Adam Korn co-authored an article published by Risk Management that examined how businesses collecting and/or utilizing individual’s biometric data in response to the COVID-19 crisis might prepare for and protect themselves from potential litigation.
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Managing Member of Mintz’s Los Angeles Office Joshua Briones and Associate Esteban Morales co-authored a Bloomberg Law Professional Perspective column on covid-19-related class actions.
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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.
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.
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.
Joshua Briones, a Managing Member in Mintz’s LA office and Esteban Morales, an Associate in that office, provided comment to a Law360 article looking at a class action suit against BART, California’s public transportation systems.
Mintz's Joshua Briones, Esteban Morales, and Natalie Prescott authored an article in The Daily Journal covering a Kentucky federal court dismissal of a lawsuit brought by a drone pilot against the “Drone Slayer.”
Joshua Briones, a Managing Member in Mintz’s Los Angeles office; Esteban Morales, an Associate in that office; and Natalie Prescott, an Associate in Mintz’s San Diego office, authored this Law360 article discussing the new legal challenges presented by drones.
Mintz and Ansell Grimm & Aaron, P.C., have achieved a dismissal – among the first of its kind – on behalf of Work Out World, which faced a class action alleging violations of the Telephone Consumer Protection Act and attempting certification of a nationwide class. 
Member Joshua Briones and Associate Esteban Morales authored this National Law Journal article on the reality of automated vehicles or self-driving cars expectation that product liability and privacy cottage industries will develop to respond to malfunctioning autonomous technology in the future.  
Joshua Briones, Managing Member in Mintz’s Los Angeles office, and Associates Esteban Morales and Crystal Lopez, authored this Inside Counsel article covering three U.S. Supreme Court decisions in separate Telephone Consumer Protection Act TCPA class action cases.
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Events & Speaking

Panelist
Mar
5
2020

Lawyer for a Day

Los Angeles, CA

Speaker
Mar
6
2019
Speaker
Dec
5
2017

West Coast Director Education Forum

American College of Corporate Directors

Renaissance Hotel at Los Angeles International Airport, Los Angeles, CA

Panelist
Apr
10
2017

Guide to Consumer Communications and Compliance: TCPA, FDCPA, CAN-SPAM, and CIPA

IAPP KnowledgeNet CLE

SDG&E Energy Innovation Center 4760 Clairemont Mesa Blvd. San Diego, CA

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Recognition & Awards

  • Southern California Super Lawyers Rising Star: Class Action (2018-2020)
  • Best Lawyers of America Ones to Watch - Mass Tort Litigation / Class Actions - Defendants (2021-2023)
  • Recipient of Public Counsel Law Center Children's Rights Project Award
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Esteban Morales

Associate

Los Angeles