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21st Annual Consumer Financial Services Institute


Speaker(s): Anthony Alexis , Christopher J. Willis, Christopher L. Peterson, Daniel M. Hutchinson, David F. McDowell, David N. Anthony, Deepak Gupta, Diane E. Thompson , Diane M. Welsh (Ret.), E. Michelle Drake, Eric J. Mogilnicki , Hannah Chanoine, Hassan A. Zavareei, James A. Francis, Jeffrey Langer, Joy Feigenbaum, Katherine E. McCarron, Lauri A. Mazzuchetti, Lucy Carlson, Lynne B. Barr, Peggy L. Twohig , Robin L. Greenwald, Shennan A. Kavanagh, Stephen J. Newman
Recorded on: Apr. 4, 2016
PLI Program #: 149051

Hannah Chanoine’s practice focuses on defending and advising consumer packaged goods (“CPG”) companies facing high­stakes litigation with nationwide impact in the trial and appellate courts. Hannah has represented leading manufacturers of Greek yogurt, natural household cleaners, pet food, kombucha, baking products, probiotic baby food, and juice beverages against plaintiffs raising nationwide false advertising class action claims.

Hannah also counsels CPG clients on strategies for mitigating litigation risk during product and label development. Hannah is a member of the adjunct faculty at Columbia Law School, where she co­teaches a course on U.S. Food Law and Policy.

Hannah has served as legal strategy counsel for a Fortune 200 consumer products company in 15 jury trials tried to verdict or mistrial. Hannah has worked with clients to develop legal strategies in a broad range of cases, including individual and consolidated personal­injury actions; consumer­fraud class actions seeking billions of dollars in compensatory and punitive damages; and medical­monitoring class actions seeking comprehensive injunctive relief. Hannah also has an active appellate practice, having been the primary author of appellate briefs in state and federal courts nationwide, including the US Supreme Court and state supreme courts, and having argued multiple times before the Second Circuit Court of Appeals.

Hannah also maintains an active pro bono practice. She has worked closely with the ACLU and other civil rights organizations on LGBT rights, including: filing a lawsuit in Wisconsin to vindicate the rights of more than 500 same­ sex couples that had married following a federal court ruling striking down that state’s marriage ban, but where the state refused to recognize the marriages, successfully persuading the state to change their position; filing amicus briefs in two “refusal of service” cases in the Colorado and New York appellate courts, advocating for robust enforcement of those states’ anti­discrimination laws on behalf of LGBT couples who had been denied services because of their orientation; and filing amicus briefs in the US Supreme Court and the Eighth Circuit cases addressing marriage equality. In addition, Hannah recently served a three­year term appointment to the Second Circuit Court of Appeals' Pro Bono Panel.

After clerking for the Hon. Sonia Sotomayor on the Second Circuit Court of Appeals, Hannah served as a trial attorney in the Department of Justice, Civil Division (Federal Programs Branch) through the Attorney General's Honor's Program. During her tenure there, she had lead responsibility for defending a variety of federal agencies in federal and state courts nationwide, including the Treasury Department's Office of Foreign Assets Control and the State Department's Foreign Service. Hannah also spent 6 years in the appellate practice of another national law firm. Hannah received her JD from Columbia University School of Law, where she was twice named a James Kent Scholar for outstanding academic achievement.

Hannah is a member of the Federal Bar Council's Second Circuit Courts Committee and Inn of Court. In 2012, Hannah co­chaired the Federal Bar Council's eleventh annual Bench & Bar Fall Retreat. For every year since 2011, Super Lawyers has named Hannah to its New York Metro "Rising Stars" list.

Admissions

Bar Admissions

  • New York
  • Massachusetts

Court Admissions

  • US Supreme Court
  • US District Court for the Southern, Eastern, and Northern Districts of New York
  • US Court of Appeals for the First, Second, and Eleventh Circuits United States Court of Federal Claims

Education

  • Columbia Law School, JD, 2004; Winner: 2004 Columbia Law Review Publishable Notes Competition, James Kent Scholar (2002­2003 and 2003­2004)
  • Wellesley College, BA, magna cum laude, 1998; Economics, Phi Beta Kappa

Professional Activities

Clerkships

  • Honorable Sonia Sotomayor, US Court of Appeals, Second Circuit

Faculty Member

  • Columbia University School of Law, Lecturer­in­law, US Food Law & Policy

Speaker

  • Michigan State University: Food Law Current Issues Conference, “Food Law Litigation Landscape: Trends and Emerging Legal Risks” 12­14 July 2016

Panelist

  • WeiserMazars Food and Beverage Industry CFO Bootcamp “Investing in Food & Beverage Companies” 15 June 2016
  • CLE International Food Law Conference, “Trans Fat: Not ‘Generally Recognized as Safe’” 17­18 March 2016
  • FDLI Food Advertising and Litigation Conference, “Insights into the Food Court and Key Cases” 24 September 2015

Author

  • “Hain Celestial ‘Natural’ Case Could Set Precedent Favorable To Industry,” Pharma & MedTech Business Intelligence’s, The Rose Report, (16 April 2015)
  • “Non­Capital Stay Applications In The United States Supreme Court: A Procedural Primer,” Certworthy, (2010)
  • “Clarifying the Joint Action Test for Media Actors When Law Enforcement Violates the Fourth Amendment,” 104 Columbia Law Review 1356, (2004)

Member

  • New York State Bar Association: Food Law Committee (Food, Drug, and Cosmetic Law Section)
  • California State Bar Association: Food Law Committee (Litigation Section)
  • Federal Bar Council: Second Circuit Courts Committee, Inn of Court

Director

  • Federal Bar Council Foundation

Areas of Focus


Lucy Carlson
U.S. Department of Justice
Washington, D.C.

 

Lucy G. Carlson is acting deputy chief in the Civil Rights Division’s Housing and Civil Enforcement Section’s fair lending unit, which was established by the Attorney General in 2010.  While at the Department of Justice, Ms. Carlson has investigated and resolved numerous fair lending matters, including United States v. Fifth Third Bank alleging discrimination in indirect auto lending, and United States v. Eagle Bank alleging redlining discrimination.  Before joining the lending unit Ms. Carlson investigated and litigated fair housing cases, including United States v. Sterling which is the largest monetary payment ever obtained by the department in the settlement of a case alleging housing discrimination in the rental of apartments.

Ms. Carlson is the recipient of the John Marshall Award for participation in litigation, the Department of Justice’s highest award offered to attorneys.

Ms. Carlson is a graduate of the University of Virginia and the William & Mary Law School.  Prior to joining the Department of Justice, she worked at Willkie Farr & Gallagher LLC in Washington, D.C., and clerked for the Hon. Wayne Alley in the United States District Court for the Western District of Oklahoma.


Lauri Mazzuchetti’s practice focuses on the defense of consumer class actions and other complex disputes, and she is widely recognized as one of the best class action litigators in the country.  Ms. Mazzuchetti is co-chair of Kelley Drye’s Telephone Consumer Protection Act (TCPA) practice and she is routinely sought out to counsel some of the nation’s largest companies on an array of regulatory and commercial issues related to the TCPA and telemarketing issues.  Her experience in TCPA-related matters is deep; she has defended dozens of TCPA matters on a national platform.  She is a contributor to the firm’s monthly newsletter, TCPA Tracker, which reports on TCPA and related matters, case developments and provides an updated comprehensive summary of TCPA petitions pending before the FCC and sShe has recently co-authored several articles on TCPA litigation which are published in the Practical Law, the Journal Litigation and The Metropolitan Corporate Counsel.

Additionally, Ms. Mazzuchetti represents consumer-facing businesses, including telecommunications carriers, in statutory and common law fraud class action cases in federal and state courts in a multitude of jurisdictions, and defends other consumer-oriented class action claims.  She also represents clients in commercial litigation in federal and state courts, both at the trial and appellate levels.

Ms. Mazzuchetti is the managing partner of Kelley Drye’s Parsippany, New Jersey office and a member of the firm’s Executive Committee.  She is ranked as a leading practitioner in the Privacy & Data Security area as well as the Marketing and Advertising area by Legal 500.  She has been repeatedly selected as a New Jersey “Super Lawyers’ Rising Star” for each year since 2006.  She is also a frequent commentator on national television on a variety of legal issues.


Anthony Alexis
Assistant Director for Enforcement
Consumer Financial Protection Bureau
Washington, D.C.

 

Tony Alexis is the Enforcement Director at the Consumer Financial Protection Bureau. Tony previously served as the Deputy Enforcement Director for Field Litigation at the Bureau in which capacity he was responsible for enforcement work conducted out of the CFPB’s four regional offices. Before joining the Bureau, Tony was a partner at Mayer Brown LLP in its Washington, D.C. office where his practice focused on government investigations and complex litigation. Tony spent 13 years as an Assistant United States Attorney in the District of Columbia, where he served as the senior attorney in the Fraud & Public Corruption Section and as the Deputy Chief of the Federal Major Crimes Section. Prior to his service in the U.S. Attorney’s Office, Tony was a Trial Attorney at the U.S. Department of Justice in the Fraud Section of the Civil Division. A graduate of George Washington University, Tony received his J.D. from the Howard University School of Law and served as a Judicial Law Clerk on the U.S. Court of Appeals for the Eighth Circuit and the U.S. District Court for the Eastern District of Missouri in St. Louis.


Christopher Peterson is the John J. Flynn Endowed Professor of Law at the University of Utah's S.J. Quinney College of Law where he teaches contracts, commercial law, and consumer protection courses. Professor Peterson is also a Senior Fellow and the Director of Financial Services at the Consumer Federation of America in Washington, D.C. From 2012 to 2016 Professor Peterson served as a Special Advisor in the Office of the Director at the United States Consumer Financial Protection Bureau, in the Office of Legal Policy for Personnel and Readiness in the United States Department of Defense, and as Senior Counsel for Enforcement Policy and Strategy in the Consumer Financial Protection Bureau's Office of Enforcement. From 2009-2012 he served as Associate Dean for Academic Affairs. Before joining the University of Utah faculty in 2008, Professor Peterson taught for five years at the University of Florida, Fredric G. Levin College of Law. He also worked as a consumer rights attorney for the United States Public Interest Research Group in Washington, D.C. and clerked for the Honorable Wade Brorby on the United States Court of Appeals for the Tenth Circuit.

A recognized authority on consumer finance, Professor Peterson has frequently testified in Congressional hearings and has presented his research to the Federal Deposit Insurance Corporation, Federal Reserve Board of Governors, and at the White House in both Democratic and Republican administrations. Professor Peterson's books include the Thompson/West casebook Consumer Law: Cases and Materials and Taming the Sharks: Towards a Cure for the High Cost Credit Market which won the American College of Consumer Financial Services Lawyers' outstanding book of the year prize.  He is a consumer fellow of the American Bar Association's Consumer Financial Services Committee. Professor Peterson is a recipient of the National Association of Consumer Agency Administrators' Consumer Advocate of the Year award and the Department of Defense's Office of the Secretary of Defense Award for Excellence--both bestowed in recognition of his role in promoting an Act of Congress and subsequent implementing regulations that protect military service members from predatory lending practices.


DANIEL M. HUTCHINSON is a partner in the San Francisco office of Lieff, Cabraser, Heimann & Bernstein, LLP.  He specializes in complex class and collective actions on behalf of plaintiffs, including consumer protection, employment discrimination, ERISA, and wage-and-hour actions, and breach-of-contract actions on behalf of foreign nationals working in the United States.

Mr. Hutchinson has pursued a series of consumer protection cases against major banks and financial services providers. Mr. Hutchinson’s efforts in actions under the Telephone Consumer Protection Act ended automated calls to millions of consumers and helped result in combined total recovery for class members exceeding $200 million, including the largest monetary settlement in the history of the TCPA.

Mr. Hutchinson has spoken and presented papers at national law conferences, including events sponsored by the Mason Judicial Education Program, the American Bar Association’s Section of Labor and Employment Law, the UCLA School of Law, the National Employment Lawyers Association, the Impact Fund, and the Consumer Attorneys of California. In 2014, Law360 recognized Mr. Hutchinson as one of six of the nation’s top employment lawyers under 40.  See Daniel Siegal, Rising Star: Lieff Cabraser's Daniel Hutchinson (Apr. 22, 2014).  Daniel currently serves as Vice Chair of the Cybersecurity & Privacy Law Section of the Bar Association of San Francisco, and Chair for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area.

Mr. Hutchinson graduated from Boalt Hall School of Law, where he was awarded Prosser Prizes in both employment and constitutional law.


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.


E. Michelle Drake is a Shareholder in Berger & Montague’s Minneapolis office. With career settlements and verdicts valued at more than $150 million, Michelle has had great success at a young age and in a wide variety of cases.

Michelle focuses her practice primarily on consumer protection, improper credit reporting and financial services class actions. Michelle is empathetic towards her clients and unyielding in her desire to win. Possessing a rare combination of an elite academic pedigree and real world trial skills, Michelle has successfully gone toe-to-toe with some of the world’s most powerful companies.

Michelle helped achieve one of the largest class action settlements in a case involving improper mortgage servicing practices associated with force-placed insurance, resulting in a settlement valued at $110 million for a nationwide class of borrowers who were improperly force-placed with overpriced insurance. Michelle also served a liaison counsel and part of the Plaintiffs’ Steering Committee on behalf of consumers harmed in the Target data breach, a case she helped successfully resolve on behalf of over ninety million consumers whose data was affected by the breach. In 2015, Michelle resolved a federal class action on behalf of a group of adult entertainers in New York for $15 million. Most recently, Michelle has been successful in litigating numerous cases protecting consumers' federal privacy rights under the Fair Credit Reporting Act, securing settlements valued at over $10 million on behalf of tens of thousands of consumers harmed by improper background checks and inaccurate credit reports in the last two years alone.

Michelle was admitted to the bar in 2001 and has since served as lead class counsel in over fifty class and collective actions alleging violations of the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Fair Labor Standards Act, various states’ unfair and deceptive trade practices acts, breach of contract and numerous other pro-consumer and pro-employee causes of action.

Michelle serves on the Board of the National Association of Consumer Advocates, is a member of the Partner’s Council of the National Consumer Law Center, and is an At-Large Council Member for the Consumer Litigation Section for the Minnesota State Bar Association. She was named as a Super Lawyer in both 2013 and 2014, and was named as a Rising Star prior to that. Michelle was also appointed to the Federal Practice Committee in 2010 by the United States District Court for the District of Minnesota. She has been quoted in the New York Times and the National Law Journal, and her cases were named as “Lawsuits of the Year” by Minnesota Law & Politics in both 2008 and 2009.

Michelle began her practice of law by defending high stakes criminal cases as a public defender in Atlanta. Michelle has never lost her desire to litigate on the side of the “little guy.”


Hassan Zavareei earned his law degree from the University of California, Berkeley School of Law (Boalt Hall) in 1995, where he graduated as a member of the Order of the Coif. Mr. Zavareei graduated cum laude from Duke University in 1990, with degrees in Comparative Area Studies and Russian. After graduation from Boalt Hall, Mr. Zavareei joined the Washington, D.C. office of Gibson, Dunn & Crutcher LLP. In April of 2002, Mr. Zavareei became a founding partner of Tycko & Zavareei LLP, which now has offices in Washington, D.C. and Oakland, California.

Mr. Zavareei has handled numerous trials and appeals in state and federal courts across the nation in a wide range of practice areas. In his civil rights practice, Mr. Zavareei represents individuals, groups of employees, and tenant associations in employment and fair housing discrimination litigation. Since co-founding Tycko & Zavareei LLP in 2002, Mr. Zavareei has obtained substantial judgments and settlements for his civil rights clients.

Mr. Zavareei also has significant experience and success in litigating nationwide class actions on behalf of plaintiffs and defendants. Prior to forming Tycko & Zavareei LLP, Mr. Zavareei litigated class actions on behalf of defendant corporations at Gibson, Dunn & Cruther LLP.  Since forming Tycko & Zavareei LLP, Mr. Zavareei has litigated numerous class action lawsuits on behalf of millions of consumers. Mr. Zavareei has been appointed as class counsel and co-lead counsel by federal and state judges in the District of Columbia, Illinois, Hawaii, West Virginia, Missouri, Kansas, Oklahoma, Florida, and Connecticut.  Mr. Zavareei has also served as lead counsel in two separate multidistrict litigation class actions.  To date, Mr. Zavareei’s class action cases have resulted in hundreds of millions of dollars in compensation to class members across the country.

Mr. Zavareei has won numerous jury trial and bench trials, including as lead counsel in a three-month jury trial. He has also successfully argued appeals before the D.C. Circuit and the Fifth Circuit.

Mr. Zavareei is admitted to the State Bars of California and Maryland, the Bar of the District of Columbia, the U.S. District Court for the District of Columbia, the Northern, Central and Southern Districts of California, the Eastern District of Michigan, the District of Maryland, the District of Colorado, and the Circuit Courts of the District of Columbia, the First Circuit and the Ninth Circuit.


Hon. Diane M. Welsh (Ret.) is highly respected for her ability to successfully resolve disputes with sensitivity, patience, and persistence. As a U.S. Magistrate Judge for 12 years and since joining JAMS, she has managed and resolved virtually every type of complex dispute. Specifically, Judge Welsh has extraordinary skill in resolving high-stake multi-party commercial disputes, employment, and catastrophic personal injury cases.

ADR Experience and Qualifications

  • Conducted nearly 1,800 settlement conferences as a U.S. Magistrate Judge in virtually every area of civil litigation, including complex commercial, insurance, class action, mass torts, employment, serious personal injury, product liability, professional liability malpractice, antitrust, securities, government, civil rights, environmental, education, aviation, intellectual property, maritime, product liability, real estate, construction, consumer, sports, and entertainment
  • Served on the Alternative Dispute Resolution committee for the United States District Court for the Eastern District of Pennsylvania for 10 years, drafting local federal court rules for court-annexed mediation program
  • Frequent speaker at Continuing Legal Education programs on settlement negotiation, mediation, and the ADR Act

Representative Matters

  • Antitrust: Claims of conspiracy by Internet bond trader against major brokers and dealers
  • Aviation: Mediated claims by passengers of Swissair flight 111; accidents involving private planes; plane that crashed into a house resulting in injuries to the resident
  • Civil Rights: High profile case on behalf of severely abused child against private foster care placement agency and government agencies; claim against school district on behalf of special education student raped by other students in classroom supervised by a substitute teacher
  • Class Actions: RICO allegations brought by home buyers alleging specific violations; claims involving federal and state consumer protection statutes against Builder, Mortgage Brokers, Appraiser, and Mortgage Lender; ERISA/Securities Fraud class action by former employees of national insurance company; presided over complex discovery disputes in the fen-phen diet drug litigation and mediated disputes between class counsel and trust of the settlement fund
  • Commercial: Successfully mediated hundreds of business disputes involving breach of contract, corporate, franchise, licensing, partnership, shareholder's rights, and breach of warranty claims
  • Construction: Claim by general contractor against regional transportation authority totaling more than $20 million dollars of cost overruns due to post contract federal requirements regarding lead paint abatement
  • Employment: Successfully mediated over 500 employment cases involving claims of discrimination, retaliation, harassment, class action wage and hour, and breach of contract
  • Environmental: Claims by the USA and state against more than twenty defendants in major environmental Superfund case
  • Insurance: Mediated claims of bad faith, coverage, property damage, reinsurance, and subrogation
  • Personal Injury: Successfully mediated cases involving complex catastrophic personal injury and wrongful death, workplace injuries, nursing home negligence, product liability, motor vehicle, toxic torts, municipal and governmental tort liability, Dram shop/liquor liability, and premises liability
Professional Liability: Mediated numerous cases involving legal

Specialties

Antitrust

Arbitration

Aviation

Business/Commercial

Civil Rights

Class Action/Mass Tort

Construction Defect

Education/Schools

Employment

Entertainment and Sports

Environmental

Federal Judge

Financial Markets

Governmental/Public Agency

Insurance

Intellectual Property

Maritime/Admiralty

Personal Injury/Torts

Professional Liability

Real Property

Securities

Surety

Locations
Philadelphia, Pennsylvania

New York, New York

Available to hear cases nationwide.


Recognized as Mediation "Lawyer of the Year", Philadelphia, Best Lawyers in America, 2014

Named as one of the "Best Lawyers in America" and as a "Super Lawyer" in ADR Specialty


Comments:

“She is a superb settler of cases. She is tenacious, persistent and imaginative.”

“In complicated civil cases, she is very impressive.”

“Very few judges could settle the cases she can settle because they don’t take the time to understand them.”

“She is balanced. She goes out of her way to demonstrate to each party that she is not biased toward either party.”

- Almanac of the Federal Judiciary


Jeffrey I. Langer
Consumer Financial Protection Bureau
Washington, D.C.

 Jeff Langer is a nationally recognized consumer financial services and bank regulatory attorney with substantial in-house and management experience who since February 2014 has served as an Assistant Director and leader of the Installment Lending and Collections Markets team at the Consumer Financial Protection Bureau in Washington, DC.  Most recently Jeff served as Senior Counsel at Macy's, Inc., where he advised the credit card business and handled bank regulatory matters for the federal savings bank owned by Macy’s, FDS Bank, and the holding company.  He also was a partner at Jones Day and a founding partner at the Columbus, Ohio consumer financial services and banking law boutique firm of Dreher Langer & Tomkies L.L.P. (n/k/a Dreher Tomkies L.L.P.).

As Assistant Director, reporting to the Associate Director of the Office of Research, Markets and Regulations, Jeff leads the team that is the principal source of CFPB subject matter expertise for a range of installment lending markets, including student lending, auto lending and marketplace lending, and debt collection markets.

Jeff has extensive experience in FDCPA/Debt Collection, ECOA/Fair Lending, Truth in Lending, FCRA, UDAAP, TCPA, Electronic Fund Transfer, Debt Cancellation, Financial Privacy and Data Security, Telemarketing and E-Marketing, Anti-Money Laundering, Holding Company and other consumer financial services and banking law matters.

He is a Past Chair of the American Bar Association Consumer Financial Services Committee (Business Law Section).  In addition, he is Vice President and a Founding Fellow of the American College of Consumer Financial Services Lawyers, and also is a member of the Governing Committee of the Conference on Consumer Finance Law.

Jeff is a graduate of Northwestern University School of Law and the University of Illinois at Urbana Champaign.


JIM FRANCIS has concentrated his practice in consumer protection litigation since the founding of his firm Francis & Mailman, P.C. in 1998.  He and his firm have been nationally recognized by courts for their cutting edge litigation and successful advocacy in the areas of fair credit reporting and consumer class actions.

In 2004, Mr. Francis was the youngest lawyer to be ranked in the Top 100 Superlawyers in Pennsylvania in Philadelphia Magazine and Pennsylvania Super Lawyers magazine. He was subsequently ranked a Top 100 Pennsylvania Superlawyer in 2008, 2012, and 2014, and has been regularly ranked one of the Top 100 Superlawyers in Philadelphia since 2004. 

In 2017, Mr. Francis served as trial counsel in Ramirez v. Trans Union, a case that achieved a $60 million dollar class action jury verdict, which is the largest verdict in history for a case brought under the Fair Credit Reporting Act.   In 2009, Mr. Francis argued the seminal FCRA case of Cortez v. Trans Union before the Third Circuit Court of Appeals.   He lectures and speaks extensively on the FCRA for continuing legal education seminars, law schools and community groups, and has published articles on the FCRA.  He has appeared on various news programs including the Today Show and PBS NewsHour to discuss consumer-related issues, and was featured in The Philadelphia Inquirer’s biographical “Question & Answer” segment in February of 2009.   He has been certified to serve as class counsel in over 50 consumer class actions, has been trial counsel in three class actions to successful plaintiff’s verdicts, and has served as counsel in some of the largest FCRA settlements in history.

In May of 2014, Mr. Francis was awarded the Community Legal Services of Philadelphia's Equal Justice Award at its annual Breakfast of Champions.  He was also selected as one of a small national group of plaintiffs' lawyers to be featured in Law 360's Titans of the Plaintiff's Bar series in October of 2014.  He currently serves on the Board of Directors of the National Association of Consumer Advocates (NACA).


Lynne Barr is a partner in Goodwin Procter's Financial Institutions Group and chair of its Banking and Consumer Financial Services Practices. Her practice focuses on banking and consumer financial services law. She advises banks, bank holding companies, brokerage firms, mortgage companies, trade associations and other entities on general corporate matters, including the offering and operation of their products and services, particularly in the context of federal and state regulation of financial institutions and their activities. Ms. Barr has extensive experience in credit and mortgage lending matters (including licensing, disclosure, documentation, interest rate limitations and credit reporting), credit and debit card operations, fair lending and equal credit opportunity issues, credit and deposit services, electronic banking, Internet and mobile financial services, privacy and data security, and insurance products.

Work for Clients

Ms. Barr advises financial institutions on transactions, such as mergers, acquisitions and conversions from mutual to stock form; regulatory, compliance and enforcement issues; the operation of payments networks; and the offering of all types of financial service and payment products. She conducts contract negotiations for product development, branding, licensing, automated clearinghouse, computer and processing systems, and network agreements. She regularly advises clients on the numerous federal and state laws affecting banking and consumer financial services and represents clients on federal and state legislative and regulatory matters before government agencies.

Professional Activities

Ms. Barr is a former Chair of the American Bar Association's Business Law Section and a member of its Council. She is also a delegate to the House of Delegates of the American Bar Association. She is the former Editor-in-Chief of The Business Lawyer, the Section's scholarly journal. Ms. Barr is the former chair of the ABA's Consumer Financial Services Committee. In addition, she is the former chair of the Financial Holding Company Subcommittee of the ABA's Banking Law Committee and the ABA's Consumer Financial Services Subcommittees on Deposit Accounts and Programs.

Ms. Barr is a Fellow and past President of the American College of Consumer Financial Services Lawyers. In addition, she is a member of the Board of Directors of the Electronic Funds Transfer Association and chair of the Consumer Bankers Association Lawyers Committee. Ms. Barr is also a member of the American Law Institute.

Thought Leadership

Ms. Barr is a frequent speaker on banking and consumer financial services issues for trade association and legal education seminars. She is the author of numerous articles on banking, consumer credit, EFTs and deposit account issues.

Professional Experience

Prior to entering private practice, Ms. Barr was a senior attorney in the Division of Consumer and Community Affairs of the Board of Governors of the Federal Reserve System, where she worked on consumer credit, electronic funds transfer and consumer leasing matters.

Recognition

In 2010, Ms. Barr was the recipient of the Senator William Proxmire Lifetime Achievement Award. Given by the American College of Consumer Financial Services Lawyers, the award is granted to a person who has made significant contributions in the field of consumer financial services. In 2005, Ms. Barr received the prestigious Jean Allard Glass Cutter Award from the American Bar Association Business Law Section, presented annually to an exceptional woman business lawyer who has made a significant contribution both to the profession and to the Section of Business Law.

Ms. Barr has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, U.S. News-Best Lawyers and The Legal 500 U.S.

Education

  • J.D., The George Washington University Law School, 1975 (with honors)
  • B.A., The George Washington University, 1972 Ms. Barr also attended the University of California at Berkeley.

Bar and Court Admissions

Ms. Barr is admitted to practice in Massachusetts and the District of Columbia.


Peggy Twohig is currently the Assistant Director for Supervision Policy at the Bureau of Consumer Financial Protection. The Office of Supervision Policy is responsible for developing supervision strategy across bank and nonbank markets and ensuring that policy decisions are consistent across markets, charters, and regions.

Prior to her work at BCFP, Ms. Twohig was Director of the Office of Consumer Protection at the Department of the Treasury, where she worked on the proposal to create a new consumer agency as part of financial regulatory reform. Immediately before joining Treasury, Ms. Twohig served as Associate Director of the Division of Financial Practices at the Federal Trade Commission. Her 17-year tenure at the FTC focused on enforcement and policy issues related to consumer financial services.  Ms. Twohig’s career also included work as a litigator with the firm of Arnold & Porter in Washington, D.C.

Ms. Twohig received her law degree from the New York University School of Law and a Master’s degree in public policy from Princeton’s Woodrow Wilson School of Public and International Affairs in 1983. After law school, she clerked for the Honorable William K. Thomas in United States District Court for the Northern District of Ohio.


Mr. Newman has experience in defending class actions and other representative litigation, as well as proceedings commenced by government officials on behalf of the general public. He has defended many cases under California’s Unfair Competition Law and Consumers Legal Remedies Act, representing a broad range of companies, including Internet-based businesses, retailers, banks, insurers and manufacturers.

Mr. Newman also has handled litigation involving a variety of other issues, including data security, consumer privacy, securities fraud, accountants’ malpractice, actuaries’ malpractice and insurance.

Representative Matters

  • Cel-Tech Communications, Inc. v. Los Angeles Cellular Tel. Co., 20 Cal. 4th 163 (1999) (counsel for amicus curiae Los Angeles Area Chamber of Commerce in Unfair Competition Law/Unfair Practices Act matter)
  • Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) (establishing immunity for Internet publisher against defamation suit)
  • Wiz Technology, Inc. v. Coopers & Lybrand, 106 Cal. App. 4th 1 (2003) (affirming summary judgment in accountants’ liability case)
  • Discover Bank v. Superior Court, 134 Cal. App. 4th 886 (2005) (upholding class action waiver and compelling arbitration)
  • Baker v. Washington Mutual Finance Group, LLC, 193 Fed. Appx. 294 (5th Cir. July 24, 2006) (approval of complex class action settlement)
  • Berry v. American Express Publishing, Inc., 147 Cal. App. 4th 224 (2007) (establishing that Consumers Legal Remedies Act does not regulate credit agreements)
  • Sanchez v. American Express Travel Related Services Co., 865 N.E.2d 410 (Ill. App. Ct. 2007) (affirming summary judgment in case relating to foreign currency conversion practices)
  • Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876 (9th Cir. 2010) (affirming summary judgment in favor of credit bureau on claim challenging reinvestigation practices)
  • Epstein v. JPMorgan Chase & Co., 2014 WL 1133567 (S.D.N.Y. Mar. 21, 2014) (dismissing class action relating to credit balances on credit card accounts)

Practice Group

Financial Services/Class Action Litigation

Education

J.D., with honors, University of Chicago, 1995; Member, The University of Chicago Law Review

A.B., magna cum laude in Economics, Harvard University, 1992; Member, The Harvard Crimson

Judicial Clerkship

Law Clerk, the late Hon. M. Blane Michael, U.S. Court of Appeals, Fourth Circuit


Throughout his career, David McDowell has been on the forefront of legal issues facing retailers and consumer product manufacturers. His victories before the California Supreme Court eliminated nearly all consumer class actions over sales tax cases, Loeffler v. Target, 58 Cal.4th 1081 (2014), and all pre-Proposition 64 “no injury” cases, Californians for Disability Rights v. Mervyns, 39 Cal.4th 223 (2006). With nearly 30 years’ experience advising retailers and consumer product companies, Dave speaks the language of his clients, providing practical and timely legal advice that is tailored to today’s fast moving retail environments.

Dave’s combination of experience and practicality has led to successes in the appellate and trial courts in cases that have defined the rights and limited the duties of retailers in a variety of other arenas, including marketing practices, advertising and other promotions, labeling of goods, use of retail property for solicitation and signature gathering, and other areas important to retailers and consumer product companies.

As part of his regular practice focus on unfair business practice issues, false advertising, and other consumer class action litigation, Dave is currently working extensively in areas where consumers directly interact with technology, such as privacy and data security and accessibility under the ADA and related laws.

Privacy and Data Security

Dave represents Target Corporation in connection with its investigations and ongoing litigation and regulatory inquiries related to the theft of customers’ credit and debit card data. In addition, he has advised numerous other companies on data security and breach-related issues. Beyond data security, he represents well-known technology companies in privacy class actions across the United States as well as household-name retailers in dozens of other alleged invasion of privacy litigations and FTC investigations.

EDUCATION

Brown University (A.B., 1983)

University of Chicago Law School (J.D., 1986)

RANKINGS

Legal 500 2014
Recommended in the areas of Data Protection and Privacy, and Marketing and Advertising

Southern California Super Lawyers
Repeatedly recognized in the categories of Class Action/Mass Tort Litigation and Civil Litigation Defense


Katherine E. McCarron is an attorney with the Bureau of Consumer Protection, Division of Privacy and Identity Protection, at the Federal Trade Commission in Washington, D.C.  This division of the Commission has responsibility for enforcing federal statutes and regulations that pertain to information security and consumer privacy.  Ms. McCarron investigates and prosecutes violations of U.S. federal laws governing the privacy and security of consumer information and has worked on FTC enforcement actions under Section 5 of the Federal Trade Commission Act.  She received her J.D., from Stanford Law School, her M.A. from the London School of Economics and Political Science, and her B.A. from Yale University.


Shennan Kavanagh is the Deputy Chief of the Consumer Protection Division at the Massachusetts Attorney General’s Office. She is engaged in the day-to-day work on a variety of the Division’s core consumer finance investigations and litigation. Ms. Kavanagh oversees and participates on a team of six assistant attorneys general located across Massachusetts who lead the Division’s automobile sales and financing matters. The team has obtained hundreds of thousands in restitution and debt relief for consumers.

Ms. Kavanagh’s entire legal career has been devoted to representing low-income consumers and public service. Prior to joining the Attorney General’s Office, Ms. Kavanagh was a co-founder and partner at Klein Kavanagh Costello, LLP, a mission-driven consumer finance class action firm that litigated cases nationwide.  Her areas of concentration included predatory and discriminatory mortgage lending, unfair mortgage servicing, unfair debt collection and creditors’ violations of the bankruptcy code. Klein Kavanagh Costello brought some of the nation’s first cases on behalf of homeowners trying to obtain affordable loan modifications under the Home Affordable Modification Program (“HAMP”). In addition to complex class action litigation, Ms. Kavanagh handled dozens of pro bono cases during her time in private practice, successfully preventing foreclosures for individuals, obtaining home loan modifications, and stopping harassing debt collectors. Ms. Kavanagh practiced in the areas of consumer finance litigation and class actions as an associate at Roddy Klein & Ryan before starting her own firm.


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.


David Anthony is a partner at Troutman Sanders in the firm’s financial services litigation practice. David is an experienced trial attorney who represents credit reporting agencies, background screening companies, data providers, employers, debt collectors and buyers, and other consumer financial services related entities. David regularly handles class action and individual litigation under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Equal Credit Opportunity Act, the Electronic Funds Transfer Act and similar federal and state statutes. He serves as editor of the firm’s Consumer Financial Services Law Monitor (www.cfslawmonitor.com).


Diane E. Thompson is Deputy Assistant Director of the Office of Regulations at the Consumer Financial Protection Bureau.  She previously served as Managing Counsel in the Office of Regulations, with primary responsibility for the mortgage servicing rules and the Know Before You Owe mortgage disclosure rule.  She is a fellow of the American College of Consumer Financial Services Lawyers and was a member of the Consumer Advisory Council of the Federal Reserve Board from 2003-2005. Prior to joining the CFPB, she was of counsel with the National Consumer Law Center, where she was the co-author of the NCLC treatise Truth in Lending and a contributing author to Mortgage Lending.  She is a co-author of The Truth, the Whole Truth, and Nothing But the Truth: Fulfilling the Promise of Truth In Lending, 25 Yale J. Reg. 181 (2008), and the author of Foreclosing Modifications, 86 Wash. L. Rev. 755 (2011)From 1994 to 2007, Ms. Thompson represented individual low-income homeowners in East St. Louis at Land of Lincoln Legal Assistance Foundation.  Between 1995 and 2001, Ms. Thompson served as corporate counsel to the largest private nonprofit affordable housing provider in the East St. Louis metropolitan area.  She received her B.A. from Cornell University and her J.D. from New York University.


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.


Robin Greenwald manages Weitz & Luxenberg’s Environmental Tort and Consumer Class Action Unit. She has held this position since 2005. Ms. Greenwald has extensive knowledge and experience managing and trying complex mass and class litigation.

Ms. Greenwald began her career as an Assistant U.S. Attorney for the Eastern District of New York, where she served for 11 years. As an AUSA, she prosecuted both civil and criminal cases, with a focus on environmental prosecutions. She next joined the Department of Justice in Washington, D.C. as an Assistant Chief of the Environmental Crimes Section. In 1999, Ms. Greenwald was appointed as General Counsel for the Inspector General, U.S. Department of the Interior. 

Ms. Greenwald left government service after 19 years to become the Executive Director of Waterkeeper Alliance, an international water protection advocacy not-for-profit organization. Following Waterkeeper Alliance, Ms. Greenwald became a Clinical Professor of Law at Rutgers Law School – Newark. 

For the past 12 years, Ms. Greenwald has led Weitz & Luxenberg’s environmental and consumer class action litigations. She has held leadership positions in numerous national mass tort and class action cases, including the BP Oil Spill MDL, the GM Ignition Switch MDL, the recent Volkswagen Defeat Device MDL, and the MDL against Monsanto on behalf of people who used its herbicide Roundup and suffer from non-Hodgkins lymphoma. She also served as lead counsel for the MDL against the petroleum industry for contaminating the nation’s groundwater with a gasoline additive called MTBE. Ms. Greenwald also currently is co-lead counsel in a data breach class action consolidated action against a Blue Cross Blue Shield affiliate Excellus Health Plan, Inc., pending in the Northern District of New York. 

Ms. Greenwald earned her Juris Doctorate from the University of Illinois College of Law, Champaign-Urbana, in 1982. She was a member of the University of Illinois Law Review, where she also served as Senior Editor. She was admitted to practice in the State of Illinois in 1982.


Combining his experience at the center of public policy debates as Chief of Staff to Senator Edward M. Kennedy, and his more than 20 years of experience advising and representing financial institutions, Eric Mogilnicki focuses his practice on investigations, examinations and enforcement actions by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission, and prudential regulators.  Mr. Mogilnicki served in the Senate when the CFPB was designed, and has been a national leader within the private bar on CFPB issues since the Bureau first opened its doors.  His experience spans the lifecycle of interactions with the CFPB and other agencies, from anticipating and managing initial requests for information to the resolution of enforcement actions.  Mr. Mogilnicki’s clients include major banks and credit card issuers, federal credit unions, financial technology companies, and national financial trade associations.