Kevin M. McGinty: Lawyer with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Kevin M. McGinty

Phone617.348.1688

Peer Rating
 5.0/5.0
AV® Preeminent

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Litigation
  • Class Action
  • Health Care Enforcement Defense
  • Wage & Hour
  • Privacy & Security
  • Cybersecurity Risk Management
  • Financial Services
  • Health Care
  • Insurance
  • Professional Services
  • Retail & Consumer Products
  • Manufacturing
 
Contact InfoTelephone: 617.348.1688
Fax: 617-542-2241
Internet: Each Attorney's Internet Address takes the following form: first initial, last name @mintz.com (e.g., rmintz@mintz.com)

http://www.mintz.com/professionals/detail/name/kevin-m-mcginty
 
University Harvard College, A.B., Government, 1987
 
Law SchoolBoston College, J.D., 1990
 
AdmittedMassachusetts; United States Court of Appeals for the Eleventh Circuit; United States Supreme Court; United States Court of Appeals for the Second Circuit; United States District Court for the District of Massachusetts; United States Court of Appeals for the First Circuit
 
LanguagesMandarin
 
Biography

Kevin concentrates in complex corporate, health care and class action litigation. He co-chairs the firm's Class Action Working Group and has extensive experience defending consumer, privacy, antitrust, unfair trade practice, contract, mass tort, and employment class actions.

Kevin is also a member of the firm's Health Care Enforcement Defense Group and has significant experience representing health care-related entities in a variety of litigation matters, including contract, regulatory, False Claims Act and class action lawsuits. Kevin's health care industry clients have included pharmacies, PBMs, hospitals, clinical laboratories, diagnostic imaging providers, pharmaceutical companies and managed care organizations.

Kevin has also handled numerous commercial and class action disputes for non-health care clients, including insurers (life, auto, and casualty companies), retailers, manufacturers, private equity firms, banks and accounting firms. He has represented retailers and pharmacies in a number of privacy-related matters. He has also represented corporations, professionals, and individuals in business acquisition disputes.

Kevin's trial experience includes civil bench trials and jury trials in federal and state courts, as well as arbitrations before American Arbitration Association panels. He has appeared in state and federal courts in Alabama, California Connecticut, Delaware, Florida, Massachusetts, Minnesota, New Hampshire, New Jersey, New York and Rhode Island.

Kevin has spoken on national panels concerning class action and privacy litigation and has written on class actions, privacy litigation and unfair trade practice litigation. Kevin is the primary author of Mintz Levin's Health Care Qui Tam Update newsletter and developed the firm's health care qui tam database. He co-authors the Class Action Law chapter for Developments in Business and Corporate Litigation, an annual publication of the Business Law Section of the American Bar Association.

Newsroom
• Eighty-Five Mintz Levin Attorneys Named 2014 Massachusetts Super Lawyers and Rising Stars , (10.17.2014)
•Quoted Sony Breach Ruling Provides Opening for Plaintiffs Bar , Law360 (01.22.2014)
• Seventy-Nine Mintz Levin Attorneys Named 2013 Massachusetts Super Lawyers and Rising Stars , (10.21.2013)
• Seventy-One Mintz Levin Attorneys Named 2012 Massachusetts Super Lawyers and Rising Stars , (10.22.2012)
•Quoted in Sony Breach Plaintiffs' Green Light May Be Short-Lived , Law360 (10.15.2012)
•Quoted in Supreme Court Case Will Determine the Future of Class Action Suits, Business Insurance (09.16.2012)
• Fifty-Two Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers , (10.21.2011)
•Quoted in Recent Supreme Court Cases Alter Class Action Landscape, BioWorld Insight (08.15.2011)
•Quoted in Despite Setback, Plaintiffs to Pursue Wal-Mart Cases, The New York Times (06.20.2011)
• Forty-Nine Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers , (10.19.2010)
• Forty-Eight Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers , (10.27.2009)
• Forty-Six Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers , (10.29.2008)
• Forty-Five Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers , (10.25.2007)

Awards & Recognitions
Massachusetts Super Lawyers: Business Litigation (2004 - 2014)
•Martindale-Hubbell AV Preeminent

Publications
• Mintz Levin Health Care Qui Tam Update , Recent Developments & Unsealed False Claims Act Cases (10.14.2014)
•Co-author, Mintz Levin Health Care Qui Tam Update , Recent Developments & Unsealed False Claims Act (FCA) Cases (05.22.2014)
•Co-author, Mintz Levin Health Care Qui Tam Update , Recent Developments & Unsealed Cases (03.20.2014)
•Co-author, Mintz Levin Health Care Qui Tam Update , Recent Developments & Unsealed False Claims Act (FCA) Cases (02.2014)
•Co-author, Mintz Levin Health Care Qui Tam Update , Recent Developments & Unsealed False Claims Act Cases (01.2014)
•Co-author, Mintz Levin Health Care Qui Tam Update , Recent Developments & Unsealed Cases (12.2013)
•Co-author, Mintz Levin Health Care Qui Tam Update , Recent Developments & Unsealed Cases (10.2013)
•Co-author, Mintz Levin Health Care Qui Tam Update , Recent Developments and Unsealed Cases (09.2013)
•Co-author, Massachusetts Supreme Judicial Court Bows to U.S. Supreme Court on Class Action Waivers in Arbitration Agreements , Class Action Alert (08.06.2013)
•Co-author, Mintz Levin Health Care Qui Tam Update , Recent Developments and Unsealed Cases (08.2013)
•Co-author, Recent Class Arbitration Decisions by Massachusetts Supreme Judicial Court and U.S. Supreme Court in Conflict , Class Action Alert (07.02.2013)
•Co-author, Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements, Even if They Did Not Know the Statements Were False , Joint Advisory: Securities Litigation Health Care Enforcement Defense Securities (06.11.2013)
•Author, Risks of Sharing Employee Data with 3rd-Party Vendors , Law360 (08.09.2012)
•Co-author, No Harm, No Foul? First Circuit Departs from Trend Narrowing Chapter 93A Injury Requirement, Reverses Dismissal of Claim Arising from Failed Price-Fixing Conspiracy , Antitrust Class Action Advisory (06.04.2012)
•Co-author, Recent Second Circuit Decision Invalidating Class Action Waiver Highlights Actions by Lower Courts to Limit and Distinguish AT&T Mobility, LLC v. Concepcion , Litigation Antitrust Advisory (02.21.2012)
•Co-author, Case Study: Messner V. Northshore , Law360 (02.09.2012)
•Co-author, New Seventh Circuit Decision Endorses Heightened Scrutiny of Experts at Class Certification Stage While Potentially Lowering the Bar to the Predominance Element at Class Certification , Antitrust Class Action Advisory (01.26.2012)
•Author, First Line of Defense in Privacy Class Actions - Damages , Law360 (09.22.2011)
•Co-author, The Future of Class Action Suits After Wal-Mart v. Dukes , Class Action Alert (06.23.2011)
•Co-author, Seventh Circuit Upholds Conviction of a Physician for a Violation of the Anti-Kickback Statute , Health Care Enforcement Defense Advisory (06.09.2011)
•Co-author, Supreme Court Rejects Fifth Circuit's Requirement That Plaintiffs in a Securities Fraud Litigation Prove Loss Causation in Order to Obtain Class Certification , Litigation Alert (06.09.2011)
•Co-author, U.S. Supreme Court Overturns California Rule that Prohibited Waivers of Class Action Relief in Arbitration Agreements , Class Action Alert (04.28.2011)
•Author, Maine High Court To Decide Whether Class In Data Breach Action Can Recover For Lost Time And Inconvenience , Privacy & Security Class Action Alert (10.30.2009)

Speaking Engagements
• Speaker, Traps for the Unwary: The Impact of the False Claims Act on Start-Up and Venture-Stage Life Sciences Companies, The Impact of the False Claims Act on Start-Up and Venture-Stage Life Sciences Companies , Mintz Levin, Webinar (11.20.2013)
• Speaker, Preventing Whistleblower Actions: Customizing an Effective Qui Tam Avoidance Program , Mintz Levin, Webinar (05.22.2013)
• Speaker, Best Practices: Plaintiff's and Defense Perspective, Best Practices for Qualified Settlement Funds , Damasco & Associates LLP and Boston Financial, Quincy, MA (09.28.2012)
• Panelist, The 2012 Annual Review of Developments in Business and Corporate Litigation, ABA Business Law Spring Meeting , American Bar Association, Las Vegas, NV (03.22.2012)
• Speaker, Annual Review in Developments in Business and Corporate Litigation Program , American Bar Association Section of Business Law (04.16.2009)

 
ISLN904975206
 

Documents by this lawyer on Martindale.com

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Home Depot Data Breach Litigation: Venue and Consolidation
Kevin M. McGinty, November 14, 2014
Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard. Numerous overlapping lawsuits have been filed in courts throughout the United States asserting claims on behalf of consumers and financial...

Even in Privacy Cases, Risk of Injury Does not Always Equal Injury
Kevin M. McGinty, July 18, 2014
It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does anything with it, has there been an injury? A recent Illinois state...

Aggressive Liability Theory Does Not Eliminate Obstacles To Banks’ Claims In Target Data Breach Class Action
Kevin M. McGinty, April 22, 2014
The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act. The banks allege that there was a violation of the statute’s prohibition...



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Kevin M. McGinty


BostonMA 02111




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