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Consumer Financial Services Institute 2012 (17th Annual)


Speaker(s): Alan S. Kaplinsky, Benjamin K. Olson, Beth E. Terrell, Brian L. Bromberg, Christopher J. Willis, David E. Teitelbaum, David L. Permut, Deepak Gupta, Donald S. Maurice, Jane M. Azia, John "Buz" S. Gorman, John J. Roddy, Jonathan Miller, Joy Feigenbaum, Julia B. Strickland, Lisa Donner, Malini Mithal, Mark G. Califano, Matthew W.H. Wessler, Michael S. Bylsma, Norman I. Silber, Raymond Natter, Richard P. Hackett, Roger N. Heller, Scott M. Pearson, Tara Twomey, Thomas A. Cox
Recorded on: Apr. 9, 2012
PLI Program #: 35358

DAVID E. TEITELBAUM has a broad regulatory practice for all types of financial institutions, including insured depository institutions and their holding companies, securities, insurance and finance companies and payment systems. He assists these companies in the wide range of regulatory issues that impact their business by providing a combination of regulatory guidance, transactional assistance and legislative planning. Some of his principal areas of focus include electronic banking and commerce, payments networks, strategic planning for structural and transactional matters such as mergers and acquisitions, interstate expansion and consolidation of operations, assisting in the development and packaging of new financial products such as cash management vehicles and other securities and annuities products, representation of diversified and nontraditional financial services holding companies and advising lenders on the changing environment for fair lending and community reinvestment compliance.

Mr. Teitelbaum also is a frequent writer and speaker in the financial services area. His publications include numerous articles in The Business Lawyer as well as co-authorship of The Community Reinvestment Act: Policies and Compliance (Prentice-Hall Law and Business), the U.S. chapter of the International Monetary Fund book, Payment Systems of the World and contributions to The Law of Electronic Fund Transfers (Warren, Gorham & Lamont). Mr. Teitelbaum also served as a law clerk to the Honorable William A. Norris, U.S. Court of Appeals for the Ninth Circuit, during 1986-87.

Most recently, Mr. Teitelbaum was named a Leading Lawyer in the 2009 edition of Chambers USA in its Financial Services Regulation (Regulatory Compliance) section.

ADMISSIONS & CERTIFICATIONS

  • District of Columbia, 1991

EDUCATION
  • Stanford Law School
    • (J.D., 1986, Order of the Coif)
  • Amherst College
    • (B.A., 1983, cum laude, Phi Beta Kappa)

CLERKSHIPS
  • U.S. Court of Appeals, 9th Circuit, William A Norris, 1986 - 1987


David Permut, a partner in the firm's Litigation Department, is resident in Goodwin Procter's Washington, D.C. office. Mr. Permut specializes in general civil litigation, with particular emphasis on the defense of financial institutions in consumer financial services class actions. He also specializes in antitrust litigation.

WORK FOR CLIENTS
As a member of the firm's Consumer Financial Services Litigation Practice, Mr. Permut has defended a variety of putative nationwide class actions arising under the Truth in Lending Act (TILA), the Real Estate Settlement Procedure Act (RESPA), state unfair and deceptive acts and practices laws (UDAP), and other consumer lending statutes and regulations. He also has represented a number of financial institutions in contested matters before federal and state administrative agencies. In addition, Mr. Permut has defended putative class actions and both civil and criminal actions brought under various federal and state antitrust laws.

PROFESSIONAL ACTIVITIES
Mr. Permut is a member of the American Bar Association and other state and local bar associations.

MEDIA
Mr. Permut served as Notes Editor for the Virginia Law Review. He has appeared as a panelist at a number of continuing legal education seminars and industry and trade association meetings, including the Conference on Consumer Finance Law and the America's Community Banker's National

BAR AND COURT ADMISSIONS
Mr. Permut is licensed to practice in the District of Columbia and the Commonwealth of Massachusetts. He is also a member of the bars of the U.S. Courts of Appeals for the District of Columbia Circuit and First Circuit and the U.S. District Courts for the District of Columbia, the District of Maryland, the District of Massachusetts and the Western District of Michigan.

EDUCATION

  • J.D., 1993 University of Virginia School of Law
    • (Order of the Coif)
  • A.B., 1990 Dartmouth College
    • (cum laude)


Thomas Cox is retired from the private practice of law where a substantial portion of his practice included the representation of lenders in residential and commercial loan litigation matters. Clients included major regional and national lenders as well as the FDIC. For the past three and one half years he has played a substantial role in the Maine Attorney's Saving Homes (MASH) program of the Maine Volunteer Lawyer Project as a volunteer lawyer screening mortgage foreclosure cases, handling referrals to volunteer lawyers on the MASH panel, co-counseling on select cases, and acting as a consultant to Maine foreclosure defense lawyers. He has been instrumental in the start-up of in 2009 of Maine's foreclosure mediation program, providing training and consultation to lawyers representing homeowners in foreclosure mediation. He has also acted as a consultant to Pine Tree Legal Assistance in managing the litigation strategies of its Foreclosure Prevention Program. In addition he has acted as a consultant to lawyers nationally regarding residential foreclosure issues with particular regard to issues relating to GMAC Mortgage, LLC and Mortgage Electronic Registration Systems, Inc.

Cox is credited with exposing the foreclosure "robo-signing" scandal with his deposition of GMAC Mortgage's "limited signing officer", Jeffrey Stephan, last year and his subsequent and successful efforts to force GMAC to halt its improper foreclosure practices. In addition, he has recently participated in five appeals of key Maine foreclosure issues to the Maine Supreme Court resulting in decisions of national significance.  In December 2010 he was a presenter before the House Judiciary Committee on its hearing devoted to the topic: "Foreclosed Justice: Causes and Effects of the Foreclosure Crisis." He has been a speaker at numerous conferences including those of the American Bar Association, the National Consumer Law Center and various state organizations. He is the recipient of the 2011 Howard Dana Award presented by the Maine Bar Foundation for outstanding services to pro bono clients, and an honorary recipient of a 2011 Empire State Counsel Award from the State Bar of New York. He is a 1966 graduate of Colby College and a 1969 graduate of the Boston University School of Law.


Don Maurice is President of Maurice & Needleman, P.C., whose attorneys specialize in all areas of creditors’ rights and financial services litigation. In nearly 25 years of practice, Don has successfully litigated for the financial services industry in both State and Federal courts. He has provided defense for claims brought under the Truth in Lending Act, Equal Credit Opportunity Act, FDCPA, Fair Credit Reporting Act, New Jersey Consumer Fraud Act, Magnuson-Moss Act and other state consumer lending regulations. Don is peer-rated AV by Martindale-Hubbell, the worldwide guide to lawyers.1 He has been recognized by Law & Politics Magazine as a New Jersey Super Lawyer in Bankruptcy & Debtor/Creditor Law and as a Corporate Counsel Super Lawyer.2 His firm has been named a “Go-to Law Firm for the Top 500 Companies,” and a “Go-to Financial Law Firm” by Corporate Counsel Magazine/ALM Publications3. He currently serves as vice chair of the Debt Collection Practices and Bankruptcy Subcommittee of the American Bar Association’s Consumer Financial Services Committee, Business Law Section.

Credentials: Admitted to Bar in 1988 in New Jersey, District of Columbia, 2011, New York, 2012; Admitted to U.S. Districts Courts – New Jersey, Southern and Eastern Districts of New York, Nebraska and District of Columbia; Admitted to U.S. Courts of Appeals for the District of Columbia, Second, Third Circuit, Eighth and Ninth Circuits. Admitted to U.S. Supreme Court.

Certifications: American Board of Certification, Creditors’ Rights Specialist.4

Education: Boston University (B.A., 1985); Case Western Reserve University (J.D., 1988).

Memberships
: American Bar Association (Section of Litigation and Business Law), Vice-Chair, Debt Collection and Bankruptcy Subcommittee; National Association of Retail Collection Attorneys, Chair, Ethical Practices Subcommittee; District of Columbia Bar Association; New York Bar Association; DBA International (Education Committee Member).

Publications: Say What You Mean: The FDCPA and Problems of Interpretation, with Laurie A. Lucas and Tomio B. Narita, 68(2) The Business Lawyer 659-668 (February 2013); Ensuring Compliance with the Fair Debt Collection Practices Act, Practicing Law Institute, 18th Annual Consumer Financial Services Institute, p. 717 (2013); A Primer on the Telephone Consumer Protection Act, Practicing Law Institute, 17th Annual Consumer Financial Services Institute, p. 581 (2012); FDCPA Update: An Industry In Transition, 67(2) The Business Lawyer 639 (Feb. 2012) with Tomio B. Narita and Laurie A. Lucas; Courts Diverge on What Constitutes a “Statement of Financial Condition” in Non-Dischargeability Actions, American Bankruptcy Institute, Consumer Bankruptcy Committee Newsletter, V. 5, No. 3, July 2007; Amended Regulation “E” Impacts Collections, NARCA Newsletter, Second Quarter 2006; Automobile Lenders Use “Replevins” To Recover Their Collateral, CU Solutions, Winter 2005; Prime Time: U.S. Supreme Court Holds Cram Downs Will Pay Interest at Prime Plus (Nothing?), CU Solutions, Fall 2004; New Jersey Supreme Court to Motor Vehicle Lessors: Pay for Lessees' Towing, Storage and Repairs, CU Solutions, Spring 2004; Complete Guide to Credit and Collections Law, Winston, Arthur, Contributing Author, Prentice Hall, 2002. Contributor, NARCA Collector's Guide, 2000; Truth in Lending Developments, NARCA Newsletter, Fall 2000; Unpaid Assessments Not Always Lost When Unit Owners File Bankruptcy, Community Trends, January 2000; HO6 Policies in Community Associations, Community Trends, November 1999.

Lectures: When Debtors Attack: Defending State Law Claims, NARCA Spring Meeting, May 2012; Billion Dollar Issues: Protecting the Client’s Brand, NARCA Spring Meeting, May 2012; Ensuring Compliance with the Fair Debt Collection Practices Act, National Business Institute, May 2012; Averting Potential Ethical Problems in Collections, National Business Institute, May 2012; Collection and Bankruptcy Issues, 17th Annual Consumer Financial Services Institute, PLI, April and May 2012; Recent Trends and Class Actions in Financial Services Litigation, DBA International Annual Conference, February 2012; The FDCPA and the Consumer Financial Protection Bureau, The Credit Law Institute and the Conference on Consumer Finance Law, October 2011; The NARCA Professional Code and Attorney Ethics, NARCA Fall Meeting, October 2011; Strategies for Defending Harassment Claims, 15th Annual MAP Conference ACA International, July 2011; Getting Sanctions Awarded in Consumer Litigation, NARCA Spring Meeting, May 2011; Protecting the Client’s Brand: Developing Compliance Programs to Deal with Today’s Hot Topics, NARCA Spring Meeting, May 2011; Update on Debt Collection Issues and Developments including Ethics, Conference on Consumer Finance Law, October 2010; Defending Call Volume Cases, NARCA Fall Meeting, October 2010; Ethical Issues In Consumer Financial Services Litigation, American Bar Association 2010 Annual Meeting, August 2010; Defending State Law Claims, MAP Legal Education Conference ACA International, July 2010; Impact of Jerman v. Carlisle, NARCA Spring Meeting, May 2010; Bill of Sale & Purchase Agreement Issues, ACA International Teleseminar, February 2010; Cases, Claims and Industry News, ACA International Teleseminar, November 2009; Ethics for Collection Industry Attorneys, NARCA Fall Meeting, October 2009; Individual Liability & Emotional Distress, ACA International, 13th Annual MAP Conference, July 2009; Novel FDCPA Claims; Hot Topics for Asset Purchasers; ACA International, 12th Annual MAP Conference, July 2008; Claims Against Collection Attorneys, Litigation Trends Across the Country, NARCA Spring Meeting, May 2008; Communicating with Debtor's Counsel, American Bar Association, April 2008; Litigation Privilege and the Fair Debt Collections Practices Act, American Bar Association, August 2007; Evidence for Asset Purchasers, NARCA Spring Meeting, May 2007; Current Trends in Bankruptcy Law, New Jersey Credit Association, November 2001; Bankruptcy Developments and GLB Privacy Policy, Furniture Marketing Group, July 2001; Coming Revisions to Article 9, New Jersey Credit Association, October 2000.

Other: District XIII Ethics Committee (New Jersey), 1994-1995.

Notable Decisions: Dunham v. Portfolio Recovery Assoc., LLC., 663 F. 3d 997 (8th Cir. 2011); Peterson v. Portfolio Recovery Assocs., LLC, 2011 U.S. App. LEXIS 11453 (3d Cir. 2011); Shand-Pistilli v. Prof'l Account Servs., 2011 U.S. Dist. LEXIS 64446 (E.D.Pa. June 16, 2011); Ogbin v. GE Money Bank, 2011 U.S. Dist. LEXIS 64735 (D.N.J. June 13, 2011); Perkins v. AT&T Mobility, LLC, 2011 U.S. Dist. LEXIS 16614 (D.N.J. February 17, 2011); Dunham v. Portfolio Recovery Assocs., LLC, 2011 U.S. Dist. LEXIS 14514 (E.D.Ark. February 11, 2011); Gorbaty v. Portfolio Recovery Assocs., LLC, 355 Fed. Appx. 580 (3d Cir. N.J. 2009) cert. denied, 130 S. Ct. 2116 (U.S. 2010); DiMedio v. HSBC Bank, 2009 U.S. Dist. LEXIS 52238 (D.N.J. June 22, 2009); Dotson v. Portfolio Recovery Assocs., LLC, 2009 U.S. Dist. LEXIS 46903 (E.D. Pa. 2009); Goodman v. Kleiman (In re Kleiman), 2007 Bankr. LEXIS 1763 (Bankr. D.N.J. 2007) aff'd Kleiman v. Goodman (In re Kleiman), 2008 U.S. Dist. LEXIS 6695 (D.N.J. Jan. 30, 2008); Goodmann v. People's Bank, 2006 U.S. App. LEXIS 31555 (3d Cir. 2006); Fountain v. Giove Law Office, 2006 U.S. Dist. LEXIS 93972 (D.N.J. 2006); Sovereign Bank v. United National Bank, 359 N.J.Super. 534, 821 A.2d 87 (App. Div. 2003); Chemical Bank v. James, 354 N.J.Super. 1, 803 A.2d 1166 (App. Div. 2002).

Media: Blog: consumerfsblog.com; Twitter: @dsmaurice; Linkedin: www.linkedin.com/in/donmaurice

 

1. CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

2. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. "Super Lawyers" is a publication of Thomson-Reuters and the methodology for selection is available at http://www.superlawyers.com/about/selection_process.html.

3. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. "Go-To Law Firms” is a publication of American Legal Media and the methodology for selection is available at www.law.com/gotolawfirms.

4. The American Board of Certification is approved by the American Bar Association.


Tara Twomey is currently Of Counsel to the National Consumer Law Center and the Project Director for the National Consumer Bankruptcy Rights Center.  She has been a Lecturer in Law at Stanford Law School, Harvard Law School and Boston College Law School.  Ms. Twomey is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. This practice area included foreclosure prevention and chapter 13 bankruptcy.  Ms. Twomey is a contributing author of several books published by the National Consumer Law Center, including Foreclosures: Defenses, Workouts and Mortgage Servicing.

Ms. Twomey earned her J.D. from Boston College Law School, summa cum laude and received her undergraduate degree from the University of California, San Diego. After law school, she served as a law clerk for Chief Justice Herbert P. Wilkins of the Massachusetts Supreme Court. In 1999, Ms. Twomey received a two-year Skadden Fellowship to work at the Legal Services Center.


John "Buz" Gorman is General Counsel for the Conference of State Bank Supervisors (CSBS). He is responsible for analyzing proposals and legislation impacting the state banking system and heads CSBS's legal department, providing support across CSBS and its affiliated organizations.

Gorman joined CSBS in 1996, previously serving as Vice President and Legislative Counsel. He has been a key figure in advancing CSBS's legal and public policy efforts, and has helped to give state banking departments a stronger voice in Washington. As a member of the CSBS legislative team, Gorman worked with Congress on behalf of state banking departments to lay the blueprint and the eventual passage of the Financial Services Regulatory Relief Amendments Act of 2006, a landmark bill that gave to state regulators a vote on the Federal Financial Institutions Examination Council, and helped to improve supervision of multi-state, state-chartered banks. 

Prior to joining CSBS, Gorman spent 10 years on Capitol Hill working for Senator Connie Mack, which included two years in the House of Representatives. He advised the Senator on financial and environmental issues and served as the Senator's liaison to the Banking Committee.

Gorman received a J.D. from Catholic University and a B.S. in Business Management from the University of South Florida. He is a native of the Washington, D.C. metro area and lives in Philadelphia, with his wife and two children.


Lisa Donner is the Executive Director of Americans for Financial Reform, having served as Deputy Director during the first phase of AFR work. Prior to this she was the Executive Director of the Half in Ten Campaign, an antipoverty project of the Center for American Progress Action Fund, Leadership Conference on Civil Rights, and the Coalition on Human Needs. Earlier, she was the co-director of the Center for Working Families, where she developed and promoted policy on fair taxes, work and family, and green jobs. Before Working Families, Lisa was an organizer for the Service Employees International Union (SEIU). She graduated from Harvard University.

 


Mark Califano is Senior Vice President and Managing Counsel for Litigation at American Express, the largest card issuer by purchase volume with a worldwide network that processes millions of merchant transactions daily. He is responsible for managing all of its major litigation, significant investigations and other sensitive matters.  He also oversees several legal policies, systems and practices in the Company and its subsidiary businesses. Prior to working at American express Mark was the Head of Litigation at GE Capital, one of the largest financial services companies in the world, with operations in over 35 countries. 

Mark Califano co-authored with Jeffrey Meyer and Paul Volcker Good Intentions Corrupted: the Oil-for-Food Scandal and the Threat to the U.N. (PublicAffairs Books 2006), which chronicles the findings of the Independent Inquiry Committee into the U.N. Oil-for-Food scandal. He served as its Chief Legal Counsel and oversaw the day-to-day management of the global investigation; its staff of over 75 lawyers, investigators, analysts and experts; and the production of five major reports concerning the operation of the Programme and the illicit activity connected with the Programme.

He previously served as a decorated Assistant United States Attorney, investigating and prosecuting complex federal white-collar offenses, including public corruption, corporate and securities fraud, domestic and foreign bribery, terrorism, intellectual property and Internet offenses spanning more than a dozen countries and five continents. 

He has lectured, taught and written on litigation and trial practice, Foreign Corrupt Practice, Internet, terrorism, fraud and money laundering investigations and prosecutions.

He is a graduate of Princeton University and Duke University School of Law. He lives in Connecticut and New York with his family. 


Michael S. Bylsma is Director of the Community and Consumer Law Division in the Office of the Comptroller of the Currency's Law Department.  The Division of Community and Consumer Law provides guidance to national banks and OCC examiners on a variety of consumer compliance laws, such as the Truth in Lending, Electronic Fund Transfer, Federal Trade Commission Act, and Fair Credit Reporting Acts, and on community development and fair lending laws, such as the Equal Credit Opportunity, Home Mortgage Disclosure, and Community Reinvestment Acts. Prior to joining the OCC in 1994, Mike was a Senior Attorney with the Board of Governors of the Federal Reserve System, where he worked for ten years on consumer law issues

He is coauthor, with OCC Chief Counsel Julie L. Williams, of several articles on bank compliance matters published in the Business Lawyer. 


Norman I. Silber is a Professor of Law and Associate Dean for Intellectual Life at Hofstra Law School, and a Senior Research Scholar at Yale Law School. He served for fifteen years as a director of Consumer Reports and currently serves as a director of the Consumers Union Action Fund. He is a past chair of the Association of the Bar of the City of New York Consumer Affairs Committee; a past director of the American Council on Consumer Interests; and a past editor of Advancing The Consumer Interest: A Journal of Consumer Law, Policy and Research.  He has published more than a dozen articles about consumer law subjects, including a recently published a two-part law review series: "Thriving On Adversity: Corporate Treatment and Mistreatment of Consumers in the Wake of Hurricane Katrina" in the Loyola Consumer Law Review, and "Debts, Disasters, and Delinquencies: The Case for a Mandatory Force Majeure Provision in Consumer Credit Agreements" in the NYU Review of Law and Social Change. In 2009 he was a Principal Co-Drafter (with Jeff Sovern) of Statement of Support for a Proposed Consumer Financial Protection Agency by Professors of Consumer Law and Banking Law: A Communication From Academic Faculty Who Teach Courses Related to Consumer Law and Banking Law at  American Law Schools, endorsed by more than eighty-five law professors, and introduced in hearings of the House of Representatives. 

Professor Silber is the author of Test and Protest: The Influence of Consumers Union (1983). In addition to work in consumer and commercial law, Professor Silber writes about legal history and nonprofit law. His books With All Deliberate Speed: The Life of Philip Elman, An Oral History Memoir (2004), and A Corporate Form of Freedom (Westview Press, 2001), concern the legal history of Post-World War Two America, and the development of the law of nonprofit corporations, respectively.  Articles about these subjects have appeared in the Harvard Law Review, the Columbia Law Review, and other academic journals.  He joined the Hofstra law faculty in 1989, after practicing with the New York City law firm of Patterson, Belknap, Webb & Tyler, and serving as a law clerk to Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.

Prior to entering law school, Professor Silber taught history at Sarah Lawrence College and Yale University. He is a fellow of the American Bar Foundation and a member of The American Law Institute. He received his B.A. from Washington University, M.A. and Ph.D. from Yale University, and J.D. from Columbia University.


Raymond Natter

PARTNER, BARNETT SIVON & NATTER.  Financial services regulatory and legislative practice representing national and regional financial services firms and trade associations. Testified as an expert witness in litigation before the U.S. District Court and American Arbitration Association. Current position since 12/2004.

DEPUTY CHIEF COUNSEL, OFFICE OF THE COMPTROLLER OF THE CURRENCY.  Responsible for legislative and regulatory issues, securities and corporate practices, bank activities, and international legal issues.  Supervised the New York and Chicago offices.  Member of the Basel II Capital Steering Committee and the National Risk Committee.  1/1995 - 9/2004

ACTING CHIEF COUNSEL, OFFICE OF THE COMPTROLLER OF THE CURRENCY.  Supervised a law department of 150 attorneys.  Deciding official for significant bank mergers, activity approvals and numerous regulatory issuances.  4/1998 - 12/1998.

REPUBLICAN GENERAL COUNSEL, U.S. SENATE, Committee on Banking, Housing and Urban Affairs.  Active in all aspects of the Committee's jurisdiction.  Extensively involved in the consideration and passage of all financial services legislation considered by the Committee, including FDICIA, FIRREA, and the Interstate Banking Act.  1989 - 1995.

SPECIAL COUNSEL, U.S. SENATE, Committee on Banking, Housing and Urban Affairs.  Provided legal advice and assistance to the Committee with regard to financial services issues, including matters relating to enforcement and consumer laws.  1987 - 1989

SENIOR COUNSEL, FEDERAL RESERVE BOARD.  Specialized in bank structure, bank holding company matters and legislation.  Analyzed and wrote recommended orders involving bank holding company decisions of special significance and first impression.  1986 - 1987

SPECIAL COUNSEL, U.S. HOUSE OF REPRESENTATIVES, Committee on Banking, Finance and Urban Affairs, Republican Staff.  Developed legislative proposals, analyzed pending bills, assisted Members during congressional hearings, and maintained liaison with administrative agencies.  1984 - 1986 (On detail from the Congressional Research Service)

LEGISLATIVE ATTORNEY, Congressional Research Service.  Rendered legal research, advice and assistance to Members of Congress and staff relating to financial institutions law.  1977 - 1986

Education:
Legal  
 LL.M. 1979 National Law Center, George Washington University, Washington, D.C.  Degree awarded with highest honors.
 J.D. 1975 Georgetown University Law Center, Washington, D.C.

Undergraduate
B.S. 1971 Rensselaer Polytechnic Institute, Troy, New York

 
Expert Testimony:
Toys "R" Us v. Chase Bank USA, N.A., Commercial Arbitration No. 13-148-02432-08 (March 30, 2009).

Affinion Benefits Group, LLC v. Econ-O-Check Corp., No. 3:09-cv-0273, U.S. District Court for the Middle District of Tennessee (April 24, 2009).


RICHARD P. HACKETT

Experience
Rick serves as an Assistant Director at the CFPB, leading the Installment and Liquidity Lending Group in the Research, Markets and Rulemaking Division of the Bureau. Rick's responsibilities include advising all divisions of the Bureau with respect to market information and policy issues in the installment and specialty lending areas, including vehicle finance, student lending and payday lending.

Prior to joining the Bureau, Rick practiced for 31 years at Pierce Atwood LLP in Boston and Portland, principally involved in consumer financial services law and retail financial services regulation. 

Rick also served as an adjunct member of the faculty of the Morin Center for Banking Law at Boston University School of Law from 2005 to 2011.


Alan S. Kaplinsky is a senior partner and Practice Leader of the more than 100-person Consumer Financial Services Group at Ballard Spahr LLP in their 15 offices.  He devotes his practice exclusively to: (i) counseling financial services companies with respect to bank regulatory and transactional matters, particularly consumer financial services law, and (ii) defending them when they are sued by consumers and governmental enforcement agencies in individual and class action lawsuits.  Mr. Kaplinsky was the first president of the American College of Consumer Financial Services Lawyers, an organization founded in order to honor those lawyers who have made substantial contributions to the development of consumer financial services law.  In April of 2016, he received the American College’s Lifetime Achievement Award.  The award is granted periodically to a person whose career has produced significant contributions to the field of consumer financial services law.  He is a past chair of the Committee on Consumer Financial Services of the Section of Business Law of the American Bar Association.  He has been named as a tier one banking and consumer financial services lawyer in the 2006-2019 editions of Chambers USA: America’s Leading Lawyers for Business, a directory of America’s leading lawyers.  He has also been named in The Best Lawyers in America under financial services regulation law and banking and finance litigation from 2007-2019.  For 24 years, he has annually co-chaired for Practicing Law Institute its Annual Institute on Consumer Financial Services in New York, Chicago and San Francisco.  Mr. Kaplinsky was named to the National Law Journal’s 2015 list of Litigation Trailblazers for pioneering work in the area of consumer arbitration and the use of class action waivers.  He was featured in the November 1, 2015 New York Times lead front page article about pioneering class action waivers in consumer arbitration provisions.  In April 2019, Mr. Kaplinsky testified before the Senate Judiciary Committee on “Arbitration in America.”  He was instrumental in launching his Firm’s blog and podcast series, Consumer Finance Monitor, devoted to the activities of the CFPB as well as federal and state agencies and attorneys general and other significant consumer financial services developments.  Mr. Kaplinsky was recently selected for his work on the Consumer Finance Monitor blog for the National Law Review’s 2018 Go-To Thought Leadership Award to honor excellence in legal news and analysis.


Benjamin K. Olson, former Deputy Assistant Director for the Office of Regulations at the Consumer Financial Protection Bureau (CFPB), is a partner in the Washington, DC office of BuckleySandler LLP. His practice includes advising clients on the following matters:

  • Compliance with CFPB mortgage and credit card regulations, particularly the rules implementing the Dodd-Frank Act and CARD Act amendments to the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA)
  • Preparations for upcoming changes in regulations, particularly the CFPB’s final rule integrating mortgage origination disclosures under TILA and RESPA (sometimes referred to as the Bureau's TILA-RESPA Integrated Disclosure, or "TRID" rule, or the "Know Before You Owe" initiative) and the final rule amending the regulations under the Military Lending Act
  • Designing terms and disclosures for mortgage and credit card products and features, including home equity lines of credit (HELOCs), consistent with established regulatory requirements and testing criteria and the evolving standards for unfair, deceptive, and abusive acts and practices (UDAAPs)
  • Examinations, investigations, and enforcement actions by the CFPB and other regulators, particularly with respect to loan originator compensation, RESPA, Section 8, and mortgage servicing

A frequent speaker at industry conferences, Mr. Olson is a recognized authority in the field of consumer financial protection regulation and brings valuable insights and broad experience on regulatory matters based on his work at the CFPB, the Board of Governors of the Federal Reserve System, and the Federal Trade Commission.

Mr. Olson was ranked as an "Up and Coming" lawyer in Financial Services Regulation (Enforcement & Investigations), with particular emphasis on his CFPB experience. Sources praised his level-headedness -- "he doesn't panic, he's just solution-oriented."

Prior to joining BuckleySandler, Mr. Olson managed over 40 regulatory attorneys and staff in the CFPB’s Office of Regulations, which is responsible for researching and analyzing legal and policy issues, drafting proposed and final rules and providing guidance to CFPB leadership and supervision and enforcement staff regarding consumer financial protection laws. In that capacity, he oversaw eight Dodd-Frank Act mortgage rulemakings, including the CFPB’s Ability-to-Repay/Qualified Mortgage rule, Mortgage Servicing rules and Loan Originator Compensation rule, as well as two amendments to the CARD Act rules. Prior to that, he led the CFPB’s TILA-RESPA Integrated Disclosure, or "TRID" Rule.

Before joining the CFPB in June 2011, Mr. Olson served as Counsel in the Regulations Branch of the Federal Reserve Board’s Division of Consumer and Community Affairs. There, he played a leading role in the Board's development of new rules regulating the credit card industry, including the rules implementing the CARD Act. Prior to that, Mr. Olson worked in the Federal Trade Commission's Division of Financial Practices, where he investigated and prepared enforcement actions against financial service providers for unfair and deceptive practices (UDAPs) and other violations of consumer financial protection laws, and at the law firm Hogan & Hartson (now Hogan Lovells).

Mr. Olson served as law clerk to the Honorable Emilio M. Garza on the United States Court of Appeals for the Fifth Circuit and attended Georgetown University Law Center and Tulane University.

Practice Areas

Education

  • B.A., Tulane University, 1997 (cum laude)
  • J.D., Georgetown University, 2001 (magna cum laude, Order of the Coif)

Admissions

  • District of Columbia


Beth E. Terrell is a founding member of Terrell Marshall Law Group PLLC, a Plaintiff side law firm in Seattle, Washington. With over twenty years of experience, Beth concentrates her practice in complex litigation, including the prosecution of consumer, defective product, and wage and hour class actions.  Beth has served as co-lead counsel on multi-state and nationwide class actions, resulting in hundreds of millions of dollars in settlements for consumers and workers.  A member of the State Bar of California and the Washington State Bar Association, Beth Co-Chairs PLI’s Consumer Financial Services Institute, and frequently presents on a wide variety of topics, including class actions, consumer protection, legal ethics, gender equity, and electronic discovery. Beth is President of the Public Justice Foundation Board of Directors, serves on the Equal Justice Works' Board of Counselors, and is Chair of both the Northwest Consumer Law Center and the Washington Employment Lawyers Association.


Brian L. Bromberg is the owner of the Bromberg Law Office, P.C. in New York City. Mr. Bromberg is admitted to practice law in New York and California. He graduated from Oberlin College, with a B.A. in Philosophy in 1987, and earned his J.D. from Brooklyn Law School in 1991. Mr. Bromberg is an active member of the National Association of Consumer Advocates (NACA), the Association of the Bar of the City of New York, and many other professional organizations. He has lectured attorney groups and the public on consumer-law issues, and helped revise NACA's Class Action Guidelines. Since 1999, Mr. Bromberg has concentrated his practice on consumer-protection litigation, including violations of the Fair Debt Collection practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Equal Credit Opportunity Act (ECOA), the Truth in Lending Act (TILA), the Home Ownership and Equity Protection Act (HOEPA), the Fair Labor Standards Act (FLSA), the Telephone Consumer Protection Act (TCPA), and various state and federal unfair and deceptive acts and practices statutes. Mr. Bromberg has prosecuted numerous consumer-protection and fraud cases against debt-collectors, banks, credit-card companies, and automobile dealers. He has filed cases both individually and on a class basis, and has been appointed class counsel by state and federal courts across the country.

 


Deepak Gupta is the founding principal of Gupta Wessler PLLC. He specializes in Supreme Court, appellate, and complex litigation on a wide range of issues, including constitutional law, class actions, and consumers’ and workers’ rights. He has also taught public interest law and appellate advocacy at Georgetown and American universities.

Deepak has briefed and argued a wide range of statutory and constitutional cases before the U.S. Supreme Court, several state supreme courts, and federal appellate courts nationwide. He argued before the U.S. Supreme Court in AT&T Mobility v. Concepcion (2011), a landmark case at the intersection of arbitration, preemption, and class actions. He was lead counsel in Expressions Hair Design v. Schneiderman (2017), arguing on behalf of a group of small merchants in a constitutional challenge to swipe-fees laws brought in the wake of the $7 billion Visa swipe-fee antitrust settlement. More recently, Deepak was appointed by the Supreme Court to brief and argue in support of a judgment left undefended by the Solicitor General in Smith v. Berryhill. He also serves as counsel for the plaintiffs in two cases challenging President Trump's violations of the Constitution's Emoluments Clauses, CREW v. Trump and District of Columbia v. Trump.

Before founding his firm in 2012, Deepak served as Senior Litigation Counsel and Senior Counsel for Enforcement Strategy at the CFPB. As the first appellate litigator hired under Elizabeth Warren’s leadership, he was instrumental in launching the Bureau’s amicus program, defending its regulations, and working with the Solicitor General’s office on Supreme Court matters. For seven years previously, he was an attorney at Public Citizen Litigation Group, where he founded and directed the Consumer Justice Project and was the Alan Morrison Supreme Court Project Fellow. He received his law degree from Georgetown, studied Sanskrit at Oxford, and received his undergraduate degree in philosophy from Fordham.

Deepak serves on the boards of directors for the Alliance for Justice, The Impact Fund, the Biden Institute, the Institute for Consumer Antitrust Studies, the Legal Affairs Committee of the American Association for Justice, and the Class Action Preservation Committee of Public Justice.


Jane Azia has been the Chief of the Bureau of Consumer Frauds and Protection in under Attorney General Eric Schneiderman since May 2011.  From April 2007 through April 2011, she served as the Director of Consumer Protection for the New York State Banking Department where she was responsible for ensuring compliance with applicable consumer protection laws and that consumers have access to and receive financial products and services that are fair and not predatory.  Prior to joining the Banking Department, Jane worked for nearly twenty-five years as an Assistant Attorney General in the Office of the New York Attorney General in the Consumer and Internet bureaus.  Jane has worked on a wide range of consumer issues, including predatory lending, credit and financial services, advertising, retail sales, health care, insurance, product safety, housing, telecommunications, telemarketing, food and drugs, privacy and online services.  Jane also spent five years as a legal services attorney in Brooklyn and Poughkeepsie.  Jane is a graduate of NYU Law School. 


John is a partner in Bailey & Glasser’s Boston office. His practice is devoted to representing consumers in class actions, challenging unfair and deceptive business practices, and serving as relator’s counsel in qui tam “whistleblower” actions. In the last two decades the settlements in cases he has litigated have returned more than $850 million to consumers harmed by marketplace misconduct. John regularly writes and speaks on class action practice and consumer financial services law, and has published dozens of articles on these topics. He is a fellow of the American College of Consumer Financial Services Lawyers, and serves on the Consumer Financial Services Law Report Board of Advisors, the Advisory Board of the Massachusetts Appleseed Foundation, and the National Consumer Law Center Partners Council. He is a member of the National Association of Consumer Advocates and the Volunteer Lawyers Project. John has co-chaired PLI’s Annual Consumer Financial Services Institute for the past 17 years.


Malini Mithal is the Associate Director of the Federal Trade Commission’s Division of Financial Practices. In this capacity, she supervises investigations and enforcement actions challenging unfair or deceptive practices in the provision of non-bank financial services, including in the areas of FinTech, lead generation, short-term loans, debt collection, student loan debt relief, mortgage relief, and automobile advertising and financing. Under her leadership, the Division has also engaged in significant policy initiatives, including hosting workshops or issuing reports on marketplace lending, blockchain, artificial intelligence, peer-to-peer payments, crowdfunding, lead generation, mobile payments, and mobile cramming.

Ms. Mithal has held numerous positions at the Commission, including Counsel to the Director of the Bureau of Consumer Protection. Prior to joining the FTC in 2005, Ms. Mithal served as a law clerk for the Honorable Alan S. Gold of the U.S. District Court for the Southern District of Florida. She received her law degree from Columbia Law School and her undergraduate degree from Georgetown University.


A partner in our San Francisco office, Roger is an accomplished consumer protection attorney as demonstrated by his substantial contributions to litigation that ended deceptive business practices affecting millions of bank and credit cardholders nationwide.

Roger represented Bank of America customers who charged that Bank of America systematically re-sequenced customer debit card transactions - from the “largest to the smallest” transaction - for the sole purpose of maximizing its overdraft fee revenue in violation of the bank’s contractual and good faith duties and California’s Unfair Competition Law. In 2010, Heller played a key role on the trial team that successfully prosecuted similar claims against Wells Fargo in Gutierrez v. Wells Fargo Bank, resulting in a $203 million verdict against the bank.

The Yourke case was subsequently consolidated with other lawsuits against the bank and the nation’s other leading banks in Multi-District Litigation in Miami, Florida.  Roger served on Lieff Cabraser’s team which played an integral role in prosecuting the case against BofA. In November 2011, the Court approved a $410 million settlement.

The settlement with BofA was the largest consumer settlement in the U.S. in 2011, and constitutes one the largest settlements in a consumer class action ever. For his work in the BofA litigation, Roger was named a finalist for the 2012 Consumer Attorney of the Year award by Consumer Attorneys of California.

In 2013, the CAOC recognized Roger as part of the team that led the multidistrict litigation, In re Chase Bank Check Loans, which produced a $100 million settlement of the claim that Chase Bank violated the covenant of good faith and fair dealing in special check loan deals with its credit card customers.

Before joining Lieff Cabraser, Roger served as a senior staff attorney at Disability Rights Advocates, where he litigated class action cases under federal and state anti-discrimination laws and advocated for the rights of people with disabilities in the legislative and regulatory arenas.
 


Widely recognized as one of the best litigators in the country, Julia Strickland leads a broad national practice that focuses on the defense of class actions and other complex actions. Ms. Strickland is regularly called by major financial services companies and others when they are confronted with complex issues that put them at substantial economic and reputational risk. She is a member of the firm’s Executive Committee, Managing Partner of the Los Angeles office, and head of the firm’s national Financial Services Litigation, Regulation and Enforcement Group.

In addition to her experience defending complex and class actions through dispositive motion practice, trial and/or appeal, Ms. Strickland has settled all types of complex and class actions. She is versatile and creative in addressing settlement considerations, both legal and business, and in developing settlement structure options unique to the particular case. She also routinely represents companies in compliance counseling, regulatory proceedings and responding to claims by federal and state regulators and enforcement authorities. Representative clients include JPMorgan Chase, HSBC, TransUnion, Discover, American Express, Citigroup, HSBC, PayPal, BMW Financial Services, Zappos and Synchrony Bank, among others.

Ms. Strickland once again received top honors in Chambers USA 2019 with a Band 1 ranking in the Financial Services Regulation: Consumer Finance Litigation–Nationwide category.  Ms. Strickland is one of only three attorneys across the country to receive this recognition.

For more than 14 years running, The Los Angeles Daily Journal has named Ms. Strickland one of California’s “Top Women Lawyers.” She was also selected by Law360 as a 2017 Banking MVP joining an elite slate of only six lawyers nationally who have distinguished themselves from their peers. The Los Angeles Business Journal honored Ms. Strickland in 2019 as both a “Top Litigator and Trial Lawyer” and as one of their “Most Influential Women Lawyers.” She was also featured in their Leader in Law awards, where she was named one of their “Lawyers of the Year” for 2016 and 2017. Ms. Strickland was recognized by leading corporate counsel as a member of the BTI Consulting Group’s “Client Services All-Stars” for her “uncanny ability to anticipate opposing counsel,” as well as being “very customer focused and practical.” She has also been repeatedly recognized by Super LawyersBenchmark LitigationThe Los Angeles Times, the Los Angeles Business Journal and The Best Lawyers in America.


Christopher J. Willis is an Atlanta-based partner at Ballard Spahr and The Practice Group Leader of the firm's Consumer Financial Services Litigation Group. He counsels financial institutions on consumer financial regulatory matters, advises them on compliance with consumer financial services laws, and defends them in both individual and class action lawsuits, as well as governmental enforcement actions (including numerous CFPB enforcement investigations). Mr. Willis chairs the firm’s Fair Lending and Collection Documentation Task Forces. Mr. Willis is a frequent author and speaker on issues relating to consumer financial services.


Deputy Director Jonathan Miller leads the FDIC's Division of Depositor and Consumer Protection Policy and Research Branch.  This branch does original consumer research; provides analytic support for compliance examinations; develops guidance on consumer laws and regulations; develops supervisory policy; and keeps abreast of industry trends affecting consumers and depositors.  Prior to joining the FDIC in February 2011, Deputy Director Miller worked for the U. S. Congress for more than 23 years including for the Senate Banking Committee, where he helped draft the consumer protections and mortgage provisions of the Dodd-Frank Act; the House Financial Services Committee, working primarily on issues related to housing; and a number of individual Members of Congress.  Mr. Miller is a graduate of Georgetown University and has a Master's degree in Public Policy from the Harvard University's John F. Kennedy School of Government.


Joy Feigenbaum is the Executive Deputy Superintendent at the New York Department of Financial Services (“DFS”) leading the Financial Frauds & Consumer Protection Division.  Her division includes units focused on Civil Investigations, Criminal Investigations, Consumer Assistance, Banking Consumer Compliance, Fair Lending and Community Reinvestment Act Examinations, Community Development, Student Protection, Insurance Producer Licensing, Producer Investigations and Disciplinary Proceedings, as well as the Holocaust Claims Processing Office.  Immediately prior to serving in her current position, Ms. Feigenbaum was Deputy Superintendent for Frauds & Consumer Services at the New York Insurance Department.  While serving in that position, she worked on the Financial Services Law, the legislation that merged the former New York State Insurance and Banking Departments to form the Department in 2011.  Before joining the Department, Ms. Feigenbaum served for fourteen years at the New York Attorney General's Office, where she was Special Deputy Attorney General for Consumer Frauds & Protection and led major consumer frauds and deceptive practices investigations.  Prior to her government service, Ms. Feigenbaum worked in private commercial litigation practice.  Ms. Feigenbaum is a member of the bars of the State of New York, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Supreme Court.  She earned a B.A. from Rutgers College and her J.D. from the University of Pennsylvania Law School.


Matt Wessler is a public interest and plaintiffs'-side appellate lawyer. He has briefed and argued high profile cases at all levels of both state and federal court and his practice encompasses a broad range of areas, including employee and consumer rights, the environment, and tort law. He has an active Supreme Court practice, and is one of only a small handful of non-government lawyers to argue multiple cases in the Supreme Court before turning 35, including two major ERISA cases, U.S. Airways v. McCutchen and Heimeshoff v. Hartford Accident & Life Insurance. He also frequently handles cases when they have been referred to the Office of the Solicitor General. Outside of the Supreme Court, Matt's practice involves a wide range of areas including employee benefits, consumer protection, insurance law, preemption, arbitration, banking, and bankruptcy. He routinely speaks across the country on topics affecting consumers, employees, the environment, and access to justice. Before coming to Public Justice, Matt was an associate at the law firm Williams & Connolly LLP in Washington, D.C., and clerked on the U.S Court of Appeals for the Third Circuit and the U.S. District Court for the District of Rhode Island. He is a graduate of Cornell Law School and Williams College. Matt is admitted to the bars of the Commonwealth of Massachusetts, the District of Columbia and numerous federal courts.


Scott Pearson is a partner in Ballard Spahr’s Consumer Financial Services Group.  He focuses his practice on the defense of regulatory enforcement actions and class actions, other complex business litigation, and regulatory compliance counseling.  Martindale-Hubbell rates Mr. Pearson “at the highest level of professional excellence.”  He has been called “a true expert in complex litigation and consumer class actions” and “a no-nonsense bulldog lawyer who is highly respected by his peers and the judiciary.”
Prominent companies regularly entrust Mr. Pearson with matters involving bet-the-company exposure or extreme complexity, such as overlapping claims being pursued simultaneously in multiple jurisdictions by federal regulators, state Attorneys General, and class action plaintiffs.  He also serves as a trusted strategic business advisor, drawing on more than twenty years of experience.  His clients include national banks and other financial services firms, institutional investors, sports and entertainment companies, retailers, real estate firms, and others.

Mr. Pearson leads Ballard Spahr’s Marketplace Lending Team, which focuses on the representation of FinTech companies and their business partners.  He is widely recognized as one of the preeminent authorities on the unique issues facing that industry. 

Mr. Pearson is a Fellow of the American College of Consumer Financial Services Lawyers, which is open only to “those lawyers . . . who have achieved preeminence in the field of consumer financial services law and who have made repeated and substantial contributions to the promotion of learning and scholarship in consumer financial services law through teaching, lecturing and published writings.”  He also has been recognized in the category of Financial Services Regulation by The Legal 500 United States, based on factors including very strong technical ability, prestige of clients, credibility with top clients, historical track record on top deals/cases, and perception in the market.