consumer finance class actions & litigation
American Conference Institute’s 22nd National Forum on in- Inqu ho ir gov use c e abo ern oun ut me sel nt rat and es CONSUMER FINANCE Earn 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 45 West 25th Street, 11th Floor New York, NY 10010 PHONE 888-224-2480 FAX 877-927-1563 ONLINE www.AmericanConference.com/CFCALAN R E G I S T R AT I O N F O R M EMAIL CustomerService@ AmericanConference.com Payment Policy Payment must be received in full by the conference date. 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