Mindy Pava is a senior associate in the firm’s Washington D.C. office. Her practice focuses on general litigation, with a particular emphasis on consumer class action defense, commercial litigation, false advertising cases and telecommunications litigation. Mindy’s experience includes defending class actions in federal and state courts, and she also offers a variety of experience in e-discovery matters. Mindy has represented clients in defending class action claims brought under the Telephone Consumer Protection Act, and she also has a specific expertise in animal law-related issues and disputes, including defending Freedom of Information Act requests made by animal rights groups.
Before joining Kelley Drye, Mindy worked for a D.C. litigation firm, concentrating in antitrust, consumer protection, and mass tort class action lawsuits. Prior to entering private practice, Mindy served as a law clerk for the Hon. Lawrence P. Fletcher-Hill in the Circuit Court of Baltimore City. Mindy worked as a newspaper reporter, where she reported on education at the local and statewide level, before attending law school.
American Bar Association Young Lawyers’ Division: associate editor of The Young Lawyer, 2014-2015.
Member of arbitration team that successfully represented a publicly traded health information technology company before an arbitration panel in a software-related dispute regarding breach of contract and other claims brought by a hospital. The panel rendered a favorable decision following a five-day hearing in dismissing seven out of eight claims and limiting the company’s liability on the final claim.
Lead associate that represented marketing and survey research clients that challenged the Federal Communications Commission’s 2015 Telephone Consumer Protection Act Declaratory Ruling and Order as intervenors; responsible for drafting and coordinating the submission of intervenor briefing to the U.S. Court of Appeals for the D.C. Circuit; D.C. Circuit opinion in March 2018 largely found in favor of petitioners and intervenors, with the Order remanded back to the FCC. ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018).
Lead associate in successfully challenging the release of confidential client information under Freedom of Information Act requests filed by animal activist groups with federal agencies; agencies such as the U.S. Fish & Wildlife Service largely have opted to redact sensitive information from disclosures following the submission of justification letters.
Lead associate in drafting of materials that successfully convinced the U.S. Securities and Exchange Commission to exclude a shareholder proposal submitted by an animal activist organization from a client’s proxy materials.
Part of litigation team that defended Fortune 100 manufacturer client against breach of contract and antitrust claims; responsible for leading discovery-related motions to compel and document productions.
Member of litigation team representing infant nutrition company in a series of class actions alleging breach of warranty, intentional and negligent misrepresentation, unjust enrichment, and violation of various state consumer fraud and false advertising statutes. In one of the piggy-back class actions, obtained summary judgment and decertification of a class of California consumers on the grounds that the named plaintiff failed to prove individual or class-wide damages. The decision was affirmed by the Ninth Circuit. See Oula Zakaria v. Gerber Products Co., 2017 WL 9512589 (C.D. Cal. 2017); aff’d 755 Fed. App’x 623 (9th Cir. 2018).
Assisting in the representation of clients in all stages of litigation through trial in private and governmental actions brought pursuant to the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule.
Assisting in the representation of clients under investigation by the Federal Trade Commission (FTC) pertaining to misleading advertising claims.