Courtside with Mark Ferrer Hayden

Courtside #5: Parking “Gotcha” Fees: Exploitation, Privacy & Class Actions with Charlie Garabedian

You pay for parking in good faith — estimate your time, use the app, go about your day. Then, days later, a letter arrives in the mail with a photo of your car and an “invoice” for $90–$115 because you overstayed by a minute or two.
Is that legal? How are private parking operators getting drivers’ home addresses? And what happens when hidden arbitration clauses and data access collide with federal privacy law?
In this episode, we sit down with MF&H litigator Charlie Garabedian, who is leading putative class actions against private parking operators that use license-plate cameras, mass-mail penalty invoices, and allegedly access DMV records in ways that may violate the Driver’s Privacy Protection Act (DPPA).
We dig into:— How these systems track entry/exit times and auto-generate “gotcha” fees— The difference between a lawful ticket and a private invoice— Why arbitration clauses on tiny parking-lot signs may be unenforceable— The consumer privacy implications of pulling DMV data— Why these cases resonate so strongly with the public
As Charlie explains, these aren’t minor annoyances — for many people, a $115 charge means choosing between paying a notice and paying for groceries. And under the DPPA, improper access to protected driver information can trigger minimum statutory damages of $2,500 per violation.

Courtside #4: Bad Facts, Bigger Mistakes: Trial Strategy Lessons from Cardi B to Boeing

Featuring Desiree Fernandez  |  In this episode of Courtside with MF&H, the hosts unpack two very different cases with the same underlying lesson: credibility wins trials—and overreach destroys it.
The conversation begins with the viral Cardi B civil trial, where a $24 million damages demand, unfocused cross-examination, and tone-deaf questioning turned a winnable case into a cautionary tale. The panel breaks down why juries punish overswinging, how open-ended questions can hand control to a witness, and why likability matters as much as legal theory in a jury trial.
The discussion then pivots to Boeing’s ongoing litigation fallout from the 737 MAX crashes, examining how internal warnings, disclosure failures, and alleged cover-ups escalated legal exposure across wrongful death claims, securities actions, and government enforcement. The episode explores what defense counsel should do when safety, whistleblowers, and public trust collide—and why hiding bad facts almost always makes things worse.
Across both cases, the takeaway is clear: you can survive bad facts, but you can’t survive a loss of credibility.
Courtside with MF&H offers candid, real-world insights into litigation strategy, courtroom dynamics, and the legal decisions that shape outcomes long before a verdict is read.

Courtside #3: Florida vs. New York Non-Competes + The Truth About Spam Text Lawsuits

Featuring: Yaniv Adar
In this episode of Courtside, the MF&H team breaks down two of the most misunderstood — and most abused — areas of modern law: non-compete agreements and TCPA spam-text lawsuits. With New York companies and employees pouring into Florida, the panel examines why Florida’s employer-friendly rules shock newcomers, when a non-compete is actually enforceable, and how judges draw the line between legitimate business protection and unreasonable restraint. Then the conversation turns to TCPA litigation, revealing how spam-text laws originally meant to stop robo-calls have evolved into existential threats for small businesses. From opportunistic plaintiffs to class-action exposure in the hundreds of millions, this episode gives a candid look at what companies — and employees — are really up against.

Courtside #2: When Al Crosses the Line - From Suicide Cases to Killer Robots

Welcome back to Courtside. On our second episode of Courtside, we dive into the world of AI, robots, and the chaos unfolding around them. From ChatGPT guiding suicides to Elon Musk’s humanoid robots living in your home, the speed of this evolution is getting scary. And yes, we even talk about how to stop robots from taking over the world.

Courtside #1: Ozempic, Lawsuits and the Limits of Liability [audio]

Courtside with Mark Ferrer & Hayden kicks off with a deep dive into two headline-making battlegrounds of recent litigation: the Ozempic lawsuits and the Tesla autopilot verdicts.
In this first episode, Etan Mark and José Ferrer explore the line between innovation and accountability - when life-changing drugs and self-driving cars collide with the realities of product liability. From failure-to-warn claims and deep-pocket defendants to the blurred edges between cosmetic and medical use, they unpack how strategy, causation, and culture shape today's most consequential cases.