American Conference Institute’s 22nd National Forum on
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CONSUMER FINANCE
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CLASS ACTIONS & LITIGATION
CLE
ETHICS
Credits
Expert strategies for in-house and outside counsel on navigating class actions,
litigation, and government enforcement actions in the consumer finance industry
April 13 – 14, 2015 | Omni Los Angeles Hotel at California Plaza | Los Angeles, CA
Enforcement & regulatory priorities from:
In-House insights from industry experts, including:
R. Stephen Stigall
U.S. Attorney’s Office, District of New Jersey
Lance J. Wolf
Freddie Mac
Lynde Selden
Plaza Home Mortgage
William S. Jue
Harley-Davidson Financial
Michael Gravink
Green Tree Servicing
Emily H. Goodman Binick
American Express Company
Bryan Greene
HUD
Gene Fishel
Virginia Attorney General’s Office
Holly C. Pomraning
Wisc. Dept.of Justice
Jedd Bellman
Maryland DLLR, Off. of Comm. Fin. Reg.
Thomas James
Illinois Attorney General’s Office
David W. Barrett
EverBank
Margalit A. Moche
Citizens Financial Group
Germán A. Salazar
AmeriFirst Financial
Lowell Haky
Charles Schwab & Co.
Karim Hatata
Ocwen Financial Corp.
Dan Montenaro
iQor
Judith Tribble
Lakeview Loan Servicing, LLC
Eric T. Jorgensen
PennyMac
Miriam Dowd
Citizens Financial Group, Inc.
Timothy A. Devine
Ally Financial Inc.
Sessions include:
Hon. George C. Steeh
U.S. Dist. Ct., E.D. Mich.
Heightened CFPB Scrutiny of the Consumer Finance Industry
“Disparate Impact” Theory of Discrimination in Lending Litigation and Enforcement;
and the Latest Trends in Predatory and Abusive Lending Claims
✛ CFPB’s UDAAP Authority, and Preventing and Defending Against Potential UDAAP
Violations and Litigation
✛ Residential Mortgage Litigation: Defending Against Claims Arising From Loan Servicing,
Loss Mitigation, Loan Modification, the New RESPA Rules, TILA Rescission, and More
✛ Overcoming Class Action Settlement Hurdles — Dealing with the Approval Process,
Strategies to Achieve a Successful Outcome and Ethical Considerations in Negotiations
✛ Latest Regulatory Initiatives, Enforcement Actions and Investigations; Attorney General
Lawsuits Against Financial Services Companies and Coordination Efforts with the CFPB
✛ Debt Collection and Credit Reporting Litigation and Enforcement Actions: Emerging
Claims and Government Enforcement Actions Arising From the FDCPA and FCRA
✛ The Telephone Consumer Protection Act (TCPA): The Latest Legal and Case Law
Developments, What Lies Ahead, and Solutions for Helping Your Clients
✛ Enhanced Government Scrutiny of Student Loans and Auto Loans
Hon. Richard S. Schmidt
U.S. Bankr. Ct., S.D. Texas
Associate Sponsors:
Richard Bischoff
Office of the Texas Attorney General
Joyce Yeager
Missouri Attorney General’s Office
Karen J. Meyers
Formerly of Office of New Mexico AG
View from the Bench:
Hon. Fernando J. Gaitan Jr.
U.S. Dist. Ct., W.D. Mo.
✛
✛
Hon. Robert B. Collings
U.S. Dist. Ct., D. Mass.
Hon. Anthony J. Mohr
Calif. Super. Ct., Los Angeles Co.
Sponsored By:
Register Now | 888-224-2480 | www.AmericanConference.com/CFCALAN
Here are just some of the agencies, companies and firms participating:
U.S. Attorney’s Office, District of New Jersey
HUD
Virginia Attorney General’s Office
Wisconsin Department of Justice, Consumer Protection and
Antitrust Unit
Office of the Maryland Commissioner of Financial Regulation
Illinois Attorney General’s Office
Office of the Texas Attorney General
Missouri Attorney General’s Office
Office of New Mexico Attorney General
Freddie Mac
Plaza Home Mortgage
Harley-Davidson Financial Services, Inc.
Green Tree Servicing LLC
National Fair Housing Alliance
EverBank
Citizens Financial Group, Inc.
AmeriFirst Financial, Inc.
Charles Schwab & Co., Inc.
Ocwen Financial Corporation
iQor
Capital One
PennyMac
American Express
Convergent Outsourcing, Inc.
Lakeview Loan Servicing, LLC
Ice Legal, P.A.
Siprut PC
Public Justice, P.C.
Lieff Cabraser Heimann & Bernstein, LLP
Kabateck, Brown, Kellner LLP
Relman, Dane & Colfax PLLC
Troutman Sanders LLP
Katten Muchin Rosenman LLP
Epstein Becker & Green, P.C.
Goodwin Procter LLP
Morrison & Foerster LLP
Bilzin Sumberg Baena Price & Axelrod LLP
Arnold & Porter LLP
Franzén and Salzano, P.C.
Jones Day
Smith Dollar PC
Stevens & Lee
Schnader Harrison Segal & Lewis LLP
Palmer, Lombardi & Donohue LLP
Doll Amir & Eley LLP
Stradley Ronon Stevens & Young, LLP
Kaufman & Canoles, P.C.
Pfeifer & de la Mora, LLP
Manatt, Phelps & Phillips, LLP
WilmerHale
RCO Legal, P.S.
Paul Hastings LLP
Severson & Werson PC
Carlson & Messer LLP
Allen Matkins
Adams & Reese LLP
Burr & Forman LLP
Ballard Spahr LLP
McGuireWoods LLP
Weiner Brodsky Kider PC
Parker Ibrahim & Berg LLC
Strasburger & Price LLP
Pilgrim Christakis LLP
Bricker & Eckler LLP
Locke Lord LLP
Alston & Bird LLP
Spilman Thomas & Battle, PLLC
Hinshaw & Culbertson LLP
Kutak Rock LLP
Wolfe & Wyman LLP
Legg Law Firm, LLP
Quarles & Brady LLP
McGlinchey Stafford PLLC
Ice Legal, P.A.
Berger & Montague, P.C.
ACI is pleased to introduce the Los Angeles installment of the only Consumer Finance Class Actions and Litigation
conference that goes the extra mile and brings you the highest level government and judicial insights and maximum
networking opportunities with in-house industry experts.
In addition to unparalleled networking opportunities, ACI’s 22nd Consumer Finance Class Actions & Litigation conference will provide attendees
with the latest insights and expert advice from our exceptional faculty on new class action trends, emerging theories of liability, the latest enforcement
actions and regulatory initiatives, and the most effective defense and settlement strategies. Sessions include:
✛
Heightened CFPB Scrutiny of the Consumer Finance Industry
✛
Update on “Disparate Impact” Theory of Discrimination in Lending Litigation and Enforcement; and The Latest Trends in Predatory and
Abusive Lending Claims With a Focus on Discriminatory Pricing and Payday Lending
✛
Navigating the Scope of the CFPB’s UDAAP Authority, and Preventing and Defending Against Potential UDAAP Violations and Litigation
✛
The Latest Developments in Residential Mortgage Litigation: Defending Against Claims Arising From Loan Servicing, Loss Mitigation,
Loan Modification, the New RESPA Rules, TILA Rescission, and More
✛
Litigator “War Stories” — Preparing For and Avoiding CFPB Investigations, Managing Litigation and Handling Appeals: Personal Accounts,
Practical Approaches and Lessons Learned From Litigators on the Front Line
Class Action Settlement Hurdles — Guidance in Dealing with the Approval Process, Strategies to Achieve a Successful
Outcome and Ethical Considerations in Settlement Negotiations
✛Overcoming
✛
Insights from Speakers at Key Federal and State Agencies on the Latest Regulatory Initiatives, Enforcement Actions and Investigations;
Attorney General Lawsuits Against Financial Services Companies and Coordination Efforts with the CFPB
✛
The Borrower’s Perspective: Insights From the Plaintiffs’ Bar and Consumer Advocates
✛
The Latest on Cybersecurity, Data Loss Prevention and Third-Party Risk Management Within the Financial Services Industry
✛
Update on Debt Collection and Credit Reporting Litigation and Enforcement Actions: Effective Defense Strategies for New and Emerging
Claims and Government Enforcement Actions Arising From the FDCPA and FCRA
✛
The Telephone Consumer Protection Act (TCPA): The Latest Legal and Case Law Developments, What Lies Ahead, and Solutions for
Helping Your Clients Stay Ahead of the Curve in the Face of Complex and Unclear Rules
✛
Enhanced Government Scrutiny of Student Loans and Auto Loans: Tackling the Rise in CFPB Enforcement and Litigation, Disparate
Impact Claims and Fair Lending Issues, and Private Litigation
This event will fill up quickly, so register now by calling 1-888-224-2480, faxing your registration form to 1-877-927-1563, or registering online at
www.AmericanConference.com/CFCALAN
2
Join the Conversation
Financial Services
@ACI_Finance / #ACIConsumerFinance
Day One: Monday, April 13, 2015
7:15
Conference Registration and Continental Breakfast
8:00
Co-Chairs’ Welcome Remarks
Deborah Yoon Jones
Alston & Bird LLP
8:05
Nancy Thomas
Morrison & Foerster LLP
In-House Panels: How Corporate Counsel are Managing the Latest Consumer Finance Claims/Class Actions;
Compliance Challenges and Enforcement Actions; Selecting and Working with Outside Counsel; and the Distribution
of Legal Spend in Today’s Reduced Budget and Smaller Staff Environment
Panel 1: 8:05 – 9:15
Panel 2: 9:15 – 10:25
Lance J. Wolf
Vice President & Deputy General Counsel, Legal Division
Freddie Mac
Miriam Dowd
SVP, Senior Counsel, Citizens Financial Group, Inc.
Margalit A. Moche
Vice President & Counsel
Citizens Financial Group, Inc.
Michael Gravink
Corporate Litigation Attorney
Green Tree Servicing LLC
David W. Barrett
Associate General Counsel, EverBank
William S. Jue
Associate General Counsel
Harley-Davidson Financial Services, Inc.
Lowell Haky
Associate General Counsel – Civil and Complex Litigation
Charles Schwab & Co., Inc.
Germán A. Salazar
Vice President, General Counsel
AmeriFirst Financial, Inc.
Karim Hatata
Senior Counsel, Originations Compliance
Ocwen Financial Corporation
Judith Tribble
Senior Vice President, Compliance
Lakeview Loan Servicing, LLC
Tim Collins
General Counsel & Chief Compliance Officer
Convergent Outsourcing, Inc.
Dan Montenaro
Chief Compliance Officer, iQor
Emily H. Goodman Binick
VP & Senior Counsel, Enterprise Growth Group
American Express Company
Timothy A. Devine
Chief Counsel – Litigation
Ally Financial Inc.
Lynde Selden
Senior Corporate Counsel, Plaza Home Mortgage
Moderator:
Moderator:
Donna L. Wilson
Manatt, Phelps & Phillips, LLP
Hunter R. Eley
Doll Amir & Eley LLP
• Assessing the chief concerns of corporate counsel
• Considerations when selecting outside counsel: Insights on banks’
selection process for the panel of defense counsel
• Perspectives on the trend of pairing down the number of law firms
with which a company engages
• How in-house counsel are working to enhance their relationships
with outside counsel
• In-house counsel expectations of outside counsel
• Advising outside counsel on how to better support in-house counsel
• Top 5 issues that in-house counsel wants their outside counsel
to be thinking about
• How are their corporate law departments organized and what
issues are unique to their companies?: How these unique issues
affect the litigation that they face and their case management
strategies
• In-house and outside counsel perspectives on best practices after
receiving a letter threatening litigation: Minimizing the costs and
managing the logistics of document retention in this situation;
• How long potentially relevant documentation should be held
on to; What do other corporate and outside counsel suggest/do
in these situations?
• Strategies corporate counsel use to manage litigation
• How does managing and defending a large-scale case or class
action differ from managing and defending a smaller case?
• Lessons learned from past litigation: Minimizing your exposure
to future litigation and better managing future litigation
• Escalated complaints: Managing escalated complaints so as to
avoid litigation
• How financial institutions are adapting to new and emerging
regulations and case law: What changes have been implemented
and with what success?
• What does corporate counsel find to be the most challenging
aspects of revamping compliance procedures and policies in the
wake of Dodd-Frank?
• Managing and responding to government enforcement actions,
investigations, and demands: What have corporate counsel
experienced so far?; Lessons learned, pitfalls to avoid, and best
practices going forward
• Top 5 concerns of in-house counsel now and in the near-term
• Management of third-party relationships and vendor oversight:
Impact of the CFPB
• Assessing creative and effective ways for corporate counsel to
manage the fees defense counsel charge for class action work
• The rise of the alternative fee arrangement: is it succeeding or
fizzling out?
Register Now | 888-224-2480 | www.AmericanConference.com/CFCALAN
3
10:25 Morning Coffee Break
• Assessing the recent rise in predatory lending claims by cities and
counties against financial institutions
• The latest enforcement and litigation trends in discriminatory
pricing/steering/redlining
• CFPB spotlight on mortgage loan originator “target pricing”
• The latest on payday lending and deposit advance loans
- Where are the DOJ, CFPB, FDIC and OCC on this issue?
- Reducing the risk of predatory lending claims
- Possible negative effects of shutting out payday lenders
10:30 Heightened CFPB Scrutiny of the Consumer Finance
Industry — Keeping Up With the Latest CFPB
Regulatory Priorities, Lessons Learned from Recent
Enforcement Actions, Preparing for and Responding
to CFPB Investigations, and Fighting a Consumer
Finance Issue on Two Fronts (Government
Investigation and Private Class Action)
Gerald Sachs
Paul Hastings LLP
(recent former Senior Counsel for Policy and Strategy of the Consumer
Financial Protection Bureau’s (CFPB) Office of Enforcement)
12:25 Networking Lunch for Speakers and Delegates
1:25
Michael Pfeifer
Pfeifer & de la Mora, LLP
James Milano
Weiner Brodsky Kider PC
R. Stephen Stigall
Assistant United States Attorney
U.S. Attorney’s Office, District of New Jersey
• Examining the latest regulatory priorities, enforcement actions
and targeted investigations of the CFPB
• Trends in enforcement actions; which market sectors are receiving
enhanced scrutiny and why?
• Rulemaking updates
• Anticipating the types of claims that the CFPB will be pursuing
• Avoiding targeting by the CFPB
• Preparing for and responding to CFPB investigations; how to
prepare; and pitfalls to avoid when working with the CFPB
• Responding to CFPB CIDs (Civil Investigatory Demands)
• Assessing coordination efforts between the CFPB and other federal
and state agencies, including state AGs
• Handling parallel civil and government investigations
• Handling derivative lawsuits stemming from a government
fine/settlement
• Defending against follow-on private litigation, including
consumer financial services class actions; practical strategies
for keeping these suits at bay
• Minimizing the impact of a CFPB investigation on a verdict
• Mitigating the risks associated with the CFPB’s continued issuance
of new regulations and other informal guidance
Holly C. Pomraning
Assistant Attorney General, Special Assistant Attorney General
for Mortgage Foreclosure Mitigation
Wisconsin Department of Justice, Consumer Protection and
Antitrust Unit
Jedd Bellman
Assistant Commissioner
Office of the Maryland Commissioner of Financial Regulation
Richard Bischoff
Assistant Attorney General,
Consumer Protection and Public Health Division
Office of the Texas Attorney General
Karen J. Meyers
Former Director, Consumer Protection Division
Assistant Attorney General
Office of New Mexico Attorney General
Joyce Yeager
Assistant Attorney General, Consumer Protection Division
Missouri Attorney General’s Office
11:30 Update on “Disparate Impact” Theory of
Discrimination in Lending Litigation and
Enforcement; and The Latest Trends in Predatory
and Abusive Lending Claims With a Focus on
Discriminatory Pricing and Payday Lending
Thomas James
Senior Assistant Attorney General
Illinois Attorney General
Gene Fishel
Senior Assistant Attorney General,
Chief, Computer Crime Section
Virginia Attorney General’s Office
Bryan Greene
Acting Assistant Secretary for Fair Housing
and Equal Opportunity
HUD
David M. Louie
Former Attorney General, State of Hawaii
Partner - Kobayashi Sugita & Goda
Therese G. Franzen
Franzén and Salzano, P.C.
Sanjay Ibrahim
Parker Ibrahim & Berg LLC
Moderator:
• Assessing the status of ‘disparate impact’ in lending litigation
and enforcement
• Latest court rulings on Fair Housing Act as the basis for disparate
impact claims
- What the AIA v. HUD ruling could mean for ‘disparate impact’
- Potential implications of Supreme Court ruling in Texas
Department of Housing and Community Affairs v. The Inclusive
Communities Project, Inc.
• Examining recent discrimination cases; tips, strategies and best
practices for defending against claims alleging fair lending violations
• How state and federal agencies are approaching fair lending issues
4
Join the Conversation
Insights from Speakers at Key Federal and State
Agencies on the Latest Regulatory Initiatives,
Enforcement Actions and Investigations; Attorney
General Lawsuits Against Financial Services
Companies; and Coordination Efforts with the CFPB
Financial Services
Andrew Stutzman
Stradley Ronon Stevens & Young, LLP
3:10
Navigating the Scope of the CFPB’s UDAAP
Authority, and Preventing and Defending Against
Potential UDAAP Violations and Litigation
Ira N. Richards
Schnader Harrison Segal & Lewis LLP
Eric Mogilnicki
WilmerHale
@ACI_Finance / #ACIConsumerFinance
Paul Schieber
Stevens & Lee
5:25
Lucy Dollens
Quarles & Brady LLP
• Update on the latest UDAP/UDAAP enforcement actions
• How does the CFPB define UDAAPs?
• What constitutes “unfair, deceptive, abusive acts and practices”
and how do these differ from claims brought under the Federal
Trade Practices Act
• What practices are the CFPB targeting? What trends are we seeing?
• How has the CFPB been using their UDAAP powers against
financial institutions in litigation/settlements?
• What financial institutions and their counsel should be doing to
prevent and protect against UDAAP allegations
• What theories/arguments have worked/not worked in defending
against UDAAP claims and class actions?
• How to deal with the overlap in State and Federal jurisdiction
4:10
Afternoon Break
4:15
The Latest Developments in Residential Mortgage
Litigation: Defending Against Claims Arising From
Loan Servicing, Loss Mitigation, Loan Modification,
the New RESPA Rules, TILA Rescission, Foreclosures,
Escrow Disputes, Reg X and Reg Z Amendments,
Eminent Domain Mortgage Seizures, Common Law
Theories (i.e. Fraud, Negligence, Emotional Distress),
and More
Litigator “War Stories” — Preparing For and
Avoiding CFPB Investigations, Managing Litigation
and Handling Appeals: Personal Accounts, Practical
Approaches and Lessons Learned From Litigators
on the Front Line
Nancy Thomas
Morrison & Foerster LLP
Terry Frank
Kaufman & Canoles, P.C.
Jason Savlov
RCO Legal, P.S.
• Consumer financial services litigators share personal experiences
with CFPB investigations/examinations, case litigation, settlement
and the appeals process
• Practical approaches, what worked/didn’t work, lessons learned
and tips for the future
6:20
Conference Adjourns
Day Two: Tuesday, April 14, 2015
7:30
Continental Breakfast
8:00
Views from the Bench
Rachel Dollar
Smith Dollar PC
The Honorable Fernando J. Gaitan Jr.
U.S. Dist. Ct., W.D. Mo.
Philip Stein
Bilzin Sumberg Baena Price & Axelrod LLP
The Honorable George C. Steeh
U.S. Dist. Ct., E.D. Mich.
John Chiles
Burr & Forman LLPP
The Honorable Richard S. Schmidt
U.S. Bankr. Ct., S.D. Texas
• The latest trends in litigation arising from the new mortgage rules
• Compliance challenges faced by mortgage servicers and overcoming
those challenges
• What are the evolving theories of recovery in mortgage servicing
claims? What theories/arguments have worked/not worked in
defending against servicing claims and class actions?
• Recent activity and new developments relating to:
- Loss Mitigation
- Loan Modification
-RESPA
- Mortgage Servicing Transfers
- Reg X and Reg Z Amendments
• Mitigating your exposure to such litigation
• Litigation pitfalls to avoid when defending against loan servicing
claims
• TILA Rescission — Rescission by notice or lawsuit?
• New and emerging claims relating to foreclosure and escrow
disputes; best practices and lessons learned
• The latest on eminent domain mortgage seizures — where is this
headed?
• Examining the recent rise in mortgage servicing claims being
brought based on common law theories including fraud,
negligence and negligent/intentional infliction of emotional
distress — how is the plaintiffs’ bar approaching these claims
and how to defend against them?
The Honorable Robert B. Collings
U.S. Dist. Ct., D. Mass.
The Honorable Anthony J. Mohr
Calif. Super. Ct., Los Angeles Co.
Co-Moderators:
Gregory Korman
Katten Muchin Rosenman LLP
9:20
Stuart B. Wolfe
Wolfe & Wyman LLP
The Telephone Consumer Protection Act (TCPA):
The Latest Legal and Case Law Developments,
Certification Issues Relating to TCPA Class Actions,
What Lies Ahead, and Solutions for Helping Your
Clients Stay Ahead of the Curve in the Face of
Complex and Unclear Rules
Eric T. Jorgensen
First Vice President & Deputy General Counsel
PennyMac
Chad Fuller
Troutman Sanders LLP
Eric Troutman
Severson & Werson PC
David Kaminski
Carlson & Messer LLP
Register Now | 888-224-2480 | www.AmericanConference.com/CFCALAN
5
• Overview of the latest legal and case law developments relating
to TCPA
• Compliance concerns, enforcement trends and recent FCC
guidance
• The latest on the definition of ATDS
• Trends in TCPA litigation; key court decisions; lessons learned
• Defense strategies for combatting the new wave of TCPA claims
and class actions
• Advising your clients on meeting TCPA challenges and limiting
TCPA exposure in the face of complex and unclear rules
• How technology is changing and adapting to limit TCPA exposure
• Practical guidance for what lies ahead
• Assessing the continued impact of CFPB rulemaking on debt
collection litigation
• Preparing for and managing actions taken by state Attorneys
General and federal and state regulatory agencies relating to debt
collection practices
• How debt collectors are adapting their internal compliance and
auditing policies and procedures to minimize future litigation
• Defending against the new wave of FDCPA claims
• Minimizing the risk of exposure to FDCPA claims and class actions
• Assessing the risks associated with sales of debt by creditors:
pitfalls and risks of debt sale agreements
• Advising clients on how to work with debt collectors to ensure
proper oversight
• Chain of title issues: Class actions alleging unlawful patterns
• Impact of recent actions taken by the CFPB and FTC relating
to the FCRA; how are the two agencies working together?
• New and emerging trends in FCRA litigation
• Cutting edge defense strategies for defending against FCRA claims
• Minimizing risk of exposure to FCRA claims; providing notice
to avoid FCRA violations
• State claims and FCRA preemption
10:30 Morning Coffee Break
10:40 The Latest on Cybersecurity, Data Loss Prevention
and Third-Party Risk Management Within the
Financial Services Industry
Michael Morgan
Jones Day
12:40 Networking Lunch for Speakers and Delegates
Jack Pringle
Adams & Reese LLP
1:35
Anthony Laura
Epstein Becker & Green, P.C.
Amanda L. Lundergan
Ice Legal, P.A.
• The latest cyber and privacy threats being faced by the consumer
financial services industry
• Overview of the latest big privacy/data breach lawsuits; theories
applied and lessons learned
• The latest technology issues surrounding privacy litigation;
advising your clients so as to avoid such claims
• How data breaches are affecting your clients — protecting against
customer information leaks; preventing and defending against
claims of direct liability against bank officers and directors
• Inadvertent disclosure of personal information on bankruptcy filings
• When and how to best cooperate with government agencies
investigating a cyber-attack
• Identifying unique cyber-threats and providing counsel on best
methods to protect against them
• Addressing the importance of third-party vendor oversight
• The challenges and dangers associated with third-party vendors
and cybersecurity
• What are the differences between past vendor management
guidance and the CFPB’s latest standards for third-party service
provider relationships
• Tips and tools for managing third-party risk and understanding
what claims you can and cannot bring against your third-party
vendors
Joseph J. Siprut
Siprut PC
Glenn Schlactus
Relman, Dane & Colfax PLLC
Morgan Williams
General Counsel
Director of Enforcement & Investigations
National Fair Housing Alliance
Co-Moderators:
Simon Fleischmann
Locke Lord LLP
Carlos A. Ortiz
Hinshaw & Culbertson LLP
Jeff Pilgrim
Pilgrim Christakis LLP
In this session, you will hear from leading plaintiff attorneys and
consumer advocates on claims trends and current litigation, where
cases are headed in the coming months, and how lenders and servicers
can work with borrowers to minimize the need for litigation. You will
obtain key insights into the types of actions plaintiffs’ counsel are
focusing on and how to prepare for and respond to new and innovative
claims, as well as how consumer advocates view the current consumer
finance landscape.
2:55
Marc Kirkland
Strasburger & Price LLP
Scott C. Borison
Legg Law Firm, LLP
Brian Kabateck
Kabateck, Brown, Kellner LLP
Litigation and Enforcement Actions: Effective
Defense Strategies for New and Emerging Claims
and Government Enforcement Actions Arising From
the FDCPA and FCRA
Drew Campbell
Bricker & Eckler LLP
Glen L. Abramson
Berger & Montague, P.C.
Matthew W.H. Wessler
Public Justice, P.C.
11:40 Update on Debt Collection and Credit Reporting
Bryan A. Fratkin
McGuireWoods LLP
The Borrower’s Perspective: Insights From the
Plaintiffs’ Bar and Consumer Advocates
Increased Scrutiny of Class Actions: New Trends
in Class Definition and Ascertainability; Recent
CAFA and Removal Developments; and the
Latest on Overcoming Class Action Settlement
Hurdles Including Guidance in Dealing with the
Approval Process, Strategies to Achieve a Successful
Outcome and Ethical Considerations in Settlement
Negotiations (.5 Ethics Credits)
Earn
Danielle J. Gould
Burke, Warren, MacKay & Serritella, P.C.
6
Join the Conversation
Financial Services
@ACI_Finance / #ACIConsumerFinance
CLE
ETHICS
Credits
Jay N. Fastow
Ballard Spahr LLP
• Recent heightened CFPB scrutiny of student loan servicing
• Examining the rise in private litigation based on: student loan
servicing activities; collection activities; advertising and marketing
practices; fair lending/disparate impact claims
• Tips and best practices for mitigating the risk of student lending/
servicing claims; and defense strategies for defeating such claims
• Evaluating the CFPB and DOJ’s enhanced scrutiny of the auto
lending industry
• Recent auto lending litigation and settlements; enhanced
compliance efforts; and how dealerships and lenders are
responding to the crackdown
• Implications of the “Larger Participant Rule” — CFPB oversight
of larger non-bank auto finance companies for the first time at the
federal level
• Update on fair lending and the CFPB’s efforts to stop dealer
mark-ups
• The latest fair lending considerations associated with indirect auto
lending programs
• What is on the horizon, and practical guidance for avoiding and
defending against the latest auto lending claims
David L. Permut
Goodwin Procter LLP
Michael Ferachi
McGlinchey Stafford PLLC
• Examining the latest settlement trends; and the rise in court
rejections of class action settlements
• Heightened scrutiny of all aspects of Rule 23: Notice, claims forms,
attorney’s fees and the approval process
• Recent noteworthy settlements and lessons learned
• Tips, strategies and best practices for dealing with the approval
process and achieving a successful outcome
• Class action settlements for preliminary and final approval:
interplay of professional objectors
• Ethical considerations in settlement negotiations — guidelines and
best practices to employ and ethical pitfalls to avoid during the
negotiation of consumer financial services claims and class actions
4:45
3:55
Afternoon Break
4:00
Enhanced Government Scrutiny of Student Loans
and Auto Loans: Tackling the Rise in CFPB
Enforcement and Litigation, Disparate Impact
Claims and Fair Lending Issues, and Private Litigation
The California Homeowner’s Bill of Rights:
Assessing Its Current Impact on the Industry
With Regard to Class Actions, Judicial Foreclosure,
Regulation X, Preemption, Dual Tracking, Single
Point of Contact and More
Deborah Yoon Jones
Alston & Bird LLP
Nicholas P. Mooney II
Spilman Thomas & Battle, PLLC
Roland Reynolds
Palmer, Lombardi & Donohue LLP
Peter Obstler
Arnold & Porter LLP
• Spotlight on CFPB enforcement activity and anticipated civil
litigation against student lenders
• Assessing the types of claims that have been made against
mortgage lenders that are now morphing over into student lending
5:30
Conference Ends
Who You Will Meet
✓✓ In-house counsel from:
• Banks
• Mortgage lenders and brokers
• Loan servicers and purchasers
✓✓ Defense attorneys specializing in:
• Credit card issuers
• Payday lenders
• Collection agencies
Global Sponsorship Opportunities
As a member of our sponsorship faculty, your organization will be deemed as a partner.
We will work closely with your organization to create the perfect business development
solution catered exclusively to the needs of your practice group, business line or
corporation.
For more information about this program or our global portfolio of events,
please contact:
Tel: 212-352-3220 x5242
[email protected]
• Mortgages
• Complex litigation and class actions
Continuing Legal Education Credits
With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin
America, American Conference Institute (ACI) provides a diverse portfolio devoted
to providing business intelligence to senior decision makers who need to respond to
challenges spanning various industries in the US and around the world.
Wendy Tyler
Director of Sales, American Conference Institute
• Consumer credit and finance
• Financial services
• Banking
Earn
CLE
ETHICS
Credits
Accreditation will be sought in those jurisdictions requested by the
registrants which have continuing education requirements. This course
is identified as nontransitional for the purposes of CLE accreditation.
ACI certifies that the activity has been approved for CLE credit by the
New York State Continuing Legal Education Board.
ACI certifies that this activity has been approved for CLE credit by the State Bar of
California.
You are required to bring your state bar number to complete the appropriate state
forms during the conference. CLE credits are processed in 4 – 8 weeks after a
conference is held.
ACI has a dedicated team which processes requests for state approval. Please note
that event accreditation varies by state and ACI will make every effort to process
your request.
Questions about CLE credits for your state? Visit our online CLE Help Center at
www.americanconference.com/CLE
© American Conference Institute, 2014
Register Now | 888-224-2480 | www.AmericanConference.com/CFCALAN
7
American Conference Institute’s 22nd National Forum on
CONSUMER FINANCE CLASS ACTIONS & LITIGATION
Expert strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions
in the consumer finance industry
April 13 – 14, 2015 | Omni Los Angeles Hotel at California Plaza | Los Angeles, CA
5 Easy Ways to Register
MAIL
American Conference Institute
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New York, NY 10010
PHONE
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Payment Policy
Payment must be received in full by the conference date. All discounts
will be applied to the Conference Only fee (excluding add-ons), cannot
be combined with any other offer, and must be paid in full at time of
order. Group discounts available to individuals employed by the same
organization.
PRIORITY SERVICE CODE
732L15.E
Cancellation and Refund Policy
You must notify us by email at least 48 hrs in advance if you wish
to send a substitute participant. Delegates may not “share” a pass
between multiple attendees without prior authorization. If you are
unable to find a substitute, please notify American Conference Institute
(ACI) in writing up to 10 days prior to the conference date and a credit
voucher valid for 1 year will be issued to you for the full amount paid,
redeemable against any other ACI conference. If you prefer, you may
request a refund of fees paid less a 25% service charge. No credits or
refunds will be given for cancellations received after 10 days prior to
the conference date. ACI reserves the right to cancel any conference it
deems necessary and will not be responsible for airfare‚ hotel or other
costs incurred by registrants. No liability is assumed by ACI for changes
in program date‚ content‚ speakers‚ or venue.
ATTENTION MAILROOM: If undeliverable to addressee, please forward to:
Corporate Counsel, Litigation/Legal Department, Class Action Attorney, Litigation Counsel
Hotel Information
CONFERENCE CODE: 732L15-LAN
American Conference Institute is pleased to offer our delegates a
limited number of hotel rooms at a preferential rate. Please contact the
hotel directly and mention the “ACI CONSUMER FINANCE” conference
to receive this rate.
Venue:
Omni Los Angeles Hotel at California Plaza
Address:
251 S Olive St, Los Angeles, CA 90012
Reservations: 800-843-6664 or 243-617-3300
o YES! Please register the following delegate for Consumer Finance Class Actions & Litigation
CONTACT DETAILS
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The fee includes the conference‚ all program materials‚ continental
breakfasts‚ lunches and refreshments.
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I would like to receive CLE accreditation for the following states: ___________________. See CLE details inside.
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