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22nd Annual Consumer Financial Services Institute


Speaker(s): Aaron D. Van Oort, Adrienne McEntee, Anthony Alexis , Christina Tetreault, Christopher L. Peterson, Clifford S. Stanford, David A. Carney, Deepak Gupta, Diane Cipollone, Diane E. Thompson , Eric J. Mogilnicki , F. Paul Bland, Jr., Hadley L. Matarazzo, Hassan A. Zavareei, Hon. Shira A. Scheindlin (U.S.D.J. Ret.), James Kim, Jennifer Finnegan, Joy Feigenbaum, Katherine E. McCarron, Kenneth J. Lennon, Lauri A. Mazzuchetti, Malini Mithal, Nancy J. Moore, Peggy L. Twohig , Quyen T. Truong, Sameena Shina Majeed, Shennan A. Kavanagh, Skye Lynn Perryman
Recorded on: Mar. 27, 2017
PLI Program #: 185744

Skye Perryman is a litigator with a wide range of experience representing clients in complex civil litigation and governmental investigations. Among other matters, she has represented clients in consumer protection, fair lending, securities fraud, business tort and product liability actions in federal and state courts. She has represented clients from a variety of industries, including the financial services, life sciences and gaming industries. Ms. Perryman also helps clients respond to inquiries and investigations from federal and state authorities, including the US Department of Justice and the Consumer Financial Protection Bureau. As a complement to her litigation and enforcement practice, Ms. Perryman regularly counsels a wide range of financial institutions with respect to fair lending and other complex regulatory issues.

Ms. Perryman also has extensive experience in resolving complex e-discovery issues. She advises clients with respect to best practices and litigation readiness, and helps them address difficult e-discovery problems. She publishes and presents on cutting edge e-discovery topics. Her knowledge in this area is an asset to clients whether they are engaged in complex litigation or the subject of an investigation.

Ms. Perryman shares in WilmerHale's commitment to pro bono legal representation. Over the course of her career, Ms. Perryman has been engaged in numerous pro bono matters on behalf of indigent clients and those seeking to vindicate their civil rights. Most recently, Ms. Perryman served as counsel to and filed amicus briefs on behalf of major US medical associations in the US Supreme Court and the Fifth and Ninth Circuit Courts of Appeals in cases challenging state legislation affecting women's access to reproductive healthcare.

Recent Highlights

  • Defend investment bank in putative class action involving fair lending allegations arising under the Fair Housing Act
  • Defend former real estate investment trust executives in civil enforcement litigation brought by the Securities and Exchange Commission
  • Advise financial institution with respect to cases filed by municipalities involving allegations of discriminatory lending and violations of the Fair Housing Act, among other statutes
  • Represent financial institutions in inquiries by the Department of Justice and the Consumer Financial Protection Bureau regarding fair lending compliance
  • Counsel financial institutions with respect to internal reviews examining compliance with the Equal Credit Opportunity Act, the Truth in Lending Act and the Fair Credit Reporting Act, among other statutes
  • Counsel financial institutions regarding provision of credit and financial services to customers with limited English proficiency (LEP)
  • Advise financial institutions regarding Unfair, Deceptive and Abusive Acts or Practices (UDAAP) issues
  • Assist indirect auto lender in responding to an inquiry conducted by the Consumer Financial Protection Bureau and the Department of Justice
  • Counsel financial institutions regarding complex fair lending and other regulatory compliance issues
  • Advise financial institutions facing supervisory exams
  • Represent major US medical associations as amici in the US Supreme Court and the Fifth and Ninth Circuit Courts of Appeals in cases challenging state legislation affecting women's access to reproductive healthcare
  • Represent women's health clinic in challenge to state law restricting access to reproductive health services
  • Counsel manufacturer regarding product warnings
  • Assist university in responding to regulatory inquiry concerning the institution's compliance with Title IX of the Education Amendments of 1972

Prior Experience

Prior to joining WilmerHale, Ms. Perryman was an associate at Covington & Burling LLP. While at Covington, Ms. Perryman litigated many cases and developed a particular expertise in litigation on behalf of life sciences companies. As one example, Ms. Perryman served as national counsel for a biotechnology company in more than nineteen suits pending in courts throughout the country. She was also counsel in a significant advertising practices case before the Federal Trade Commission. Ms. Perryman was the Chair of Covington's Associate Advisory Committee and was also an active member of the Public Service Committee. For her work on behalf of pro bono clients, Ms. Perryman received the firm’s Chuck F.C. Ruff Pro Bono Lawyer of the Year Award.

Prior to her legal education, Ms. Perryman was a policy fellow for Campaign for America’s Future in Washington DC where she worked to build a coalition of environmental and labor organizations backing clean energy policy proposals as part    of the Apollo Project for Energy Independence. While studying to obtain her undergraduate degree at Baylor University, Ms. Perryman coordinated Project Democracy – GEAR UP, a federally-funded initiative that developed debate programs for at risk youth in Central Texas public middle schools. Under Ms. Perryman’s leadership, Project Democracy received state and national commendations. Ms. Perryman also served as an intern for Former House Democratic Leader Richard A. Gephardt.

Honors and Awards

  • Selected as a "Rising Star" in the 2014, 2015 and 2016 editions of Washington DC Super Lawyers
  • Chuck F. C. Ruff, Pro Bono Lawyer of the Year (2010)
  • Supreme Court of Louisiana, Honor Volunteer Award for Aiding Victims of Hurricane Katrina (2007)
  • Harry S. Truman Scholar (2002)

Professional Activities

  • American Bar Association, Section on Litigation
  • ABA Section on Litigation, Technology and the Litigator Sub-Committee Women’s Bar Association of the District of Columbia
  • Associate Trustee, Washington Lawyers’ Committee for Civil Rights and Urban Affairs

Community Involvement

Ms. Perryman is actively involved in her community. She serves on the Board of Directors for the Atlas Performing Arts Center in Washington DC. She is also a member of the Junior League of Washington, where she volunteers with women and children in transition as part of the League's partnership with Community Family Life Services, an organization that provides assistance to and empowers homeless women, children and families. In addition, Ms. Perryman served on the 40th Anniversary Committee for the Street Law Clinic at Georgetown University.

PRACTICE

Litigation/Controversy
    Business Trial Group
    Government and Regulatory Litigation
    Anti-Discrimination and Fair Lending Regulatory and Government Affairs
Financial Institutions

EDUCATION

JD, cum laude, Georgetown University Law Center, 2007, Editor, American Criminal Law Review; Editor-in-Chief, ACLR Annual Survey on White Collar Crime; Senior Writing Fellow; Barrister’s Counsel

BA, Economics and Philosophy, magna cum laude, Baylor University, 2003, Phi Beta Kappa, Honors Program, Outstanding Student Award,

Department of Economics Outstanding Student Award, Department of Philosophy

BAR ADMISSIONS

District of Columbia

Texas


Former United States District Court Judge Shira A. Scheindlin serves as an arbitrator, mediator and special master. She also conducts neutral evaluations, mock trials and arguments as well as internal investigations and is a member of the firm’s Litigation Practice.  Since leaving the bench in May of 2016 she has conducted many mediations and arbitrations and has handled a number of mock trials and arguments.  She is also a member of Stroock’s Internal Investigations Unit, formed to help companies and organizations respond to suspected sexual misconduct.

Judge Scheindlin, who was appointed to the bench in 1994 by President Bill Clinton, has presided over numerous criminal and civil cases during her 22-year tenure with the Southern District of New York. Among many important cases, her opinions in electronic case management are recognized as case law landmarks, and she is the co-author of the first casebook on electronic discovery. Judge Scheindlin previously served as an Assistant United States Attorney for the Eastern District of New York, a Magistrate Judge in the Eastern District of New York and General Counsel for the New York City Department of Investigation. Earlier in her career she spent many years in private practice, including a stint as a litigation associate at Stroock.

Judge Scheindlin is a frequently published author and lecturer.  She is currently an adjunct professor at NYU Law School and has also held that position at Cardozo and Brooklyn Law Schools.  She is a member of the College of Commercial Arbitrators (CCA) and the CPR Panel, where she serves as Co-Chair of the Diversity Task Force.  She is also a member of the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR). She is the Chair of the Federal Courts Subcommittee of the ABA’s Standing Committee on the American Judicial System, the former Chair of the Commercial and Federal Litigation Section of the New York State Bar Association and the Co-Chair of the Section’s Task Force on Women’s Initiatives.  She is or has been a member of various committees of the American Law Institute, the New York City Bar Association, the New York County Lawyers’ Association, the Federal Bar Council and the New York Inn of Court.  She also served for seven years on the Advisory Committee on Civil Rules of the Judicial Conference of the United States.  She now serves on the Board of Directors of the Lawyers Committee for Civil Rights Under Law, the American Constitution Society, the Bronx Defenders and the Justice Resource Center.

HONORS & AWARDS

  • David G. Trager Award, Eastern District U.S. Attorney's Office, 2016
  • Stanley Fuld Award for Contributions to Commercial Litigation, New York State Bar Association, 2014
  • Jurist of the Year, New York Criminal Bar Association, 2014
  • Judicial Recognition Award, National Association of Criminal Defense Lawyers, 2008
  • William Nelson Cromwell Award for Outstanding Public Service, New York County Lawyers' Association, 2007
  • Edward Weinfeld Award for Distinguished Contributions to the Administration of Justice, New York County Lawyers' Association, 2005
  • William J. Brennan Award, New York State Bar Association, 2003

MEMBERSHIPS

  • Chair, Federal Courts Subcommittee of the Standing Committee on the American Judicial System, American Bar Association
  • Member, Advisory Council, Cornell Law School
  • Member, New York State Bar Association
  • Member, Federal Bar Council
  • Member, New York County Lawyers' Association
  • Member, Council on Judicial Administration, Association of the Bar of the City of New York
  • Board of Directors, Justice Resource Center (Mentor)
  • President's Council, Good Shepherd Services
  • Judicial Advisory Board, The Sedona Conference
  • Board of Directors (Executive Committee), Lawyers Committee for Civil Rights Under Law
  • Board of Directors, American Constitution Society
  • Board of Directors, Bronx Defenders

SPEECHES & EVENTS

Judge Scheindlin is a frequent lecturer at law schools, bar associations and professional associations.  Below is a select list of some presentations.  She speaks on many topics including:  complex civil litigation, class actions, discovery of electronic data, ADR, women in the law, the Sentencing Guidelines, impact litigation, race and policing and the War on Terrorism.
 
  • American Bar Association
  • Columbia University Law School
  • Cornell Law School
  • Federal Judicial Center
  • Fordham Law School
  • Georgetown Law School
  • New York State Bar Association
  • Practising Law Institute
  • Princeton University
  • Stanford Law School
  • UCLA School of Law
  • University of Chicago Law School
  • University of Pennsylvania School of Law
  • Yale Law School

PUBLICATIONS

  • Co-author, "Electronic Discovery and Digital Evidence in a Nutshell," West Academic Publishing, 2009; Second Edition, 2016
  • Co-author, "Electronic Discovery and Digital Evidence, Cases and Materials," American Casebook Series, West Academic Publishing, 2008; Second Edition, 2012; Third Edition, 2016
  • "Random Thoughts of a Federal District Judge, Fourth Annual Institute for Investor Protection Conference: The New Landscape of Securities Fraud Class Actions," Loyola University Chicago Law Journal, Spring 2015, Vol. 46, No. 3
  • "Big Data and Privacy:  Finding the Balance," New York Law Journal, February 10, 2014
  • Co-author, "Criminal Law Catches Up:  New ESI Guidelines Issued," New York Law Journal, February 29, 2012
  • "The Future of Litigation," New York Law Journal, February 5, 2010
  • Co-author, "Sanctions in Electronic Discovery Cases: Views from the Judges," 78 Fordham L. Rev. (2009)

ADMITTED TO PRACTICE

New York

U.S. Supreme Court


EDUCATION

J.D., cum laude, Cornell Law School, 1975

M.A., Columbia University, 1969

B.A., University of Michigan, 1967


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.


Aaron Van Oort is a legal strategist, class action litigator, and appellate lawyer who co-chairs the Faegre Baker Daniels appellate advocacy group. He is a Fellow of the American Academy of Appellate Lawyers and a former clerk for Justice Antonin Scalia at the United States Supreme Court and for Chief Judge Richard Posner at the United States Court of Appeals for the Seventh Circuit.

Aaron has defended more than 100 class actions across the country. In recent cases, he achieved review and reversal of an order certifying a class on environmental claims, Ebert v. General Mills, Inc., 823 F.3d 472 (8th Cir. 2016), won summary judgment on behalf of the National Football League (NFL) against retired players' publicity-rights claims and defended the win on appeal, Dryer v. National Football League, 814 F.3d 938 (8th Cir. 2016), negotiated and secured final approval of a nationwide class settlement in MDL litigation involving the Telephone Consumer Protection Act, In re: Capital One Telephone Consumer Protection Act Litigation, 80 F. Supp. 3d 781 (N.D. Ill. 2015), defeated certification of a putative California class seeking to certify employment classification claims, Juarez v. Jani-King , 273 F.R.D. 571 (N.D. Cal. 2011), and won dismissal of a putative nationwide class alleging consumer fraud claims, Taradejna v. General Mills, Inc., 909 F.Supp.2d 1128 (D. Minn. 2012).

Aaron is a frequent writer and speaker on appellate and class action litigation. He is a contributing author to the Eighth Circuit Appellate Practice Manual (7th ed. 2016), the ABA Appellate Practice Compendium (2013), and the deskbook Consumer Fraud and Deceptive Trade Practice Regulation in Minnesota. In October 2016, he moderated the panel on evaluating proposed class-action settlements under the proposed amendments to Rule 23 at the Duke Class-Action Settlement Conference.

Aaron is listed in the field of appellate law by Best Lawyers in America, Chambers USA: America's Leading Lawyers for Business, and Minnesota Super Lawyers, and he is the current chair of the Minnesota State Bar Association Appellate Section.


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.


Cliff Stanford leads Alston & Bird’s Bank Regulatory Team, providing experienced advice and strategic counsel to U.S. and foreign banks and nonbank financial services companies on the full array of regulatory concerns affecting the banking, financial services and payments industries. His areas of experience include:

  • Complex regulatory requirements regarding investments in banks and bank M&A, enterprise risk management, capital and liquidity risk management, bank regulatory compliance programs, consumer protection, BSA/AML and banking product design and approvals.
  • Representation in examinations, applications and enforcement matters before the Federal Reserve, OCC, FDIC, CFPB and state regulators.
  • Advising bank boards of directors regarding regulatory matters and bank governance.
  • Compliance programs, examinations, licensing, product design and marketing and bank oversight issues affecting nonbank firms, including payments companies, retailers, nonbank lenders and other companies contracting with banks.

Previously, during his 15-year tenure at the Federal Reserve Bank of Atlanta, Cliff served as assistant general counsel advising on banking regulation, payments law, commercial contracting, intellectual property and employment law matters. He was also the responsible officer for the Atlanta Fed’s bank applications and enforcement functions and was founding director of the Retail Payments Risk Forum. Cliff is a regular contributor to banking and payments industry publications and conferences.

Education

  • Georgia State University (J.D., 1995)
  • Emory University (B.A., 1992)


David Carney has more than a decade of experience prosecuting and defending complex litigation matters at both the trial and appellate levels. He has been involved in litigation at every step of the way, from reviewing documents to conducting research to conducting trial and appellate court oral arguments. David is currently responsible for identifying and analyzing case strengths and weaknesses and briefing and arguing dispositive legal issues in class action and appellate litigation, with a particular focus on matters related to data privacy.

David was recognized as Law360 Rising Star in Privacy (2016), and is currently involved in the defense of multi-district, consolidated and state court litigation over data thefts that occurred in the healthcare industry. He has previously represented a global automobile manufacturer in appeals before the Sixth Circuit and the Tennessee Court of Appeals, and served a lead role on the litigation team that successfully defended a national bank against imprudent investment claims for allegedly allowing employees to invest in artificially inflated company stock.

David is active in the legal community and is a member of the the American Bar Association, the Ohio State Bar Association, and the Cleveland Metropolitan Bar Association. In addition, he serves on the board of directors for ARTneo, a museum dedicated to the collection and preservation of Northeast Ohio art.

Services

  • Complex Commercial Litigation
  • Appellate and Major Motions
  • Class Action Defense
  • Privacy and Data Protection

Prior Positions

  • Department of Justice: Civil Division, Intern (Summer 2003)
  • Executive Office of the President, White House Office of Presidential Personnel, Deputy Associate Director (January 2001 to May 2002)
  • United States Senator Spencer Abraham, Mailroom Manager (August 1999 to December 2000)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • Ohio

Education

  • J.D.,Case Western Reserve University School of Law, 2005, magna cum laude, Order of the Coif, Law Review, recipient of the Patricia Burgess Public Law Prize for outstanding academic performance in the field of public law
  • B.A., College of Wooster, 1999; Varsity Tennis (1995 to 1999)


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.


Diane Cipollone is a qualified expert on mortgage servicing and origination and provides expert testimony and consultation to consumer attorneys on these matters.  Diane also provides fair lending and foreclosure prevention training and is a presenter at local and national conferences on topics including RESPA and TILA mortgage regulations, loss mitigation guidelines and other consumer mortgage issues.  She previously taught Consumer Housing Law in Maine: Mortgage Defaults and Foreclosure, as an Adjunct Professor at the University of Maine School of Law.

Diane is also a consultant to the National Fair Housing Alliance (NFHA), where she previously served as Director of Training.  Her work includes federal policy advocacy on mortgage and other housing issues affecting homeowners in communities of color.  She represents NFHA in a working group convened by the U.S. Department of the Treasury and the Housing Policy Council of the Financial Services Roundtable, in an effort to develop industry-wide consensus regarding loss mitigation policies and procedures after the expiration of the federal Making Home Affordable Program.

Diane’s prior experience includes serving as the Director of the Sustainable Homeownership Project at Civil Justice Inc. in Baltimore, where she trained and mentored attorneys in Maryland’s Foreclosure Prevention Pro Bono Project, and represented homeowners at risk of foreclosure.  Her other prior mortgage experience includes serving as the Project Attorney for NFHA’s Hurricane Katrina Relief Project and as the Co-Coordinator of the Baltimore City Flipping & Predatory Lending Task Force.

Diane is frequently interviewed for mortgage and foreclosure prevention news articles, and contributes research for mortgage related reports released by various organizations.  She is admitted to practice law in Maryland and Maine and a volunteer attorney for Pine Tree Legal Assistance in Portland, ME.  Diane is graduate of the Benjamin N. Cardozo School of Law.


Hadley Matarazzo oversees Faraci Lange’s Defective Drug and Medical Device Practice. She handles all types of personal injury cases and focuses her legal practice on toxic torts, environmental law, medical malpractice, and products liability. She has extensive experience handling complex litigation, including serving in court appointed leadership positions in multi- district litigation (MDL) in federal court and multi- county litigation (MCL) in New Jersey. Hadley also had the lead trial case in the DePuy ASR MDL in which the first round global settlement was announced in the fall of 2013.

PRACTICE AREA CONCENTRATION

Defective Drug and Medical Device Toxic Torts

Medical Malpractice Products  Liability

EDUCATION

University of Vermont

Rutgers School of Law - Newark

HONORS AND AWARDS

Upstate New York Super Lawyer’s Rising Star, 2013-2015 The Daily Record’s Top Women in Law, 2014

President’s Award, New York State Academy of Trial Lawyers, 2014

The Daily Record’s Up & Coming Attorney Award, 2011

PUBLICATIONS & SPEAKING ENGAGEMENTS

Defective Hip Implant Litigation Global Update, The Senior

Lawyer, NYSBA (Spring 2015)

Defective Metal on Metal Hip Implant Claims in Federal Multidistrict Litigation: More than 8,500 Filed Cases, The Senior Lawyer, NYSBA, Vol. 6; No. 1 (Spring 2014)

“Annual Update” CLE, New York State Academy of Trial Lawyers, Speaker and Program Chair (2014), Speaker (2012-2013)

“Leadership Training on Demand” CLE, Monroe County Bar Association, Speaker (2015)

Daubert, Frye and Parker: Challenges to Expert Testimony” CLE, Monroe County Bar Association, Speaker (2013)

“When the System Fails: Seeking Justice for Victims of Environmental and Other Mass Torts”, Jane Ryan Pre-Law Lecture, State University of New York at Geneseo (2011)

MEMBERSHIPS

American Association for Justice

New York State Bar Association

Monroe County Bar Association

Greater Rochester Association for Women Attorneys New York State Academy of Trial Lawyers, Board of Directors, President-Elect

Women En Mass

 

Please visit our Defective Drug & Medical Device page for more information about the drugs and medical device cases Hadley is litigating and investigating.


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.


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.


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.


As a member of Aon’s Law Firm Advisory Team and Loss Prevention group, Jenny advises law firm clients on risk management, professional responsibility and legal ethics issues, and law firm strategic planning. She has more than 20 years’ experience as a litigator and over 12 years of experience in professional responsibility counseling and defense of professional liability claims.

Prior to joining Aon in 2018, Jenny was the General Counsel of Herrick, Feinstein LLP, a mid-sized, full service law firm based in New York. Before taking on the General Counsel role, Jenny was a litigation partner at Herrick, focusing her practice on civil litigation for financial institutions and for manufacturers in the pharmaceutical, consumer products, and automotive industries.

Jenny graduated from Georgetown University Law Center in 1995 and earned her undergraduate degree summa cum laude from The College of New Jersey.

Jenny regularly speaks on professional responsibility and attorney-client privilege and work product topics. She is admitted to practice law in New York, New Jersey, and Washington, DC.


James advises companies and individuals in matters involving financial regulation and litigation, and the myriad of federal consumer financial laws, such as Title X of Dodd-Frank (UDAAP), TILA, RESPA, EFTA, and the FDCPA.  He has represented clients in examinations and investigations with the Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), and various state and local agencies.  His practice focuses on cutting-edge issues, including financial technology (FinTech), mobile financial services, and marketplace lending.

In addition to his regulatory work, James has tried, as first or second chair, more than 20 cases to verdict, and has briefed criminal and civil appeals before the U.S. Court of Appeals for the Second Circuit and the New York State Appellate Division.

James recently served as a senior enforcement attorney with the CFPB where he coordinated with the OCC, FDIC, Federal Communications Commission, and state authorities.  He was lead counsel in the CFPB’s first enforcement actions involving mobile payments and was a member of the credit card/prepaid card/emerging payments issue team that helped coordinate enforcement activity with other offices at the Bureau.  He also helped manage relationships with U.S. Attorneys’ Offices, state attorneys general, and state banking regulators, and drafted sections of the Office of Enforcement’s internal policies and procedures.


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.


Christina Tetreault is a Staff Attorney on Consumers Union’s Financial Services Program team working on banking, payments and financial technology. She represents consumer interest groups on the Steering Committee of the Federal Reserve's Faster Payments Task Force. Christina works out of Consumers Union's West Coast Office in San Francisco.


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.


F. Paul Bland, Jr. is Executive Director of Public Justice, overseeing its advocacy and litigation of consumer, environmental and civil rights cases, as well as its communications, development and administrative departments. He has argued and won more than 40 reported decisions from federal and state courts across the nation, including cases in six of the federal Circuit Courts of Appeal and at least one victory in nine different state high courts. He has been counsel in cases which have obtained injunctive and/or cash relief of more than $1 billion for consumers. He has testified a number of times in both houses of Congress and many state legislatures, and has appeared in hundreds of media stories and presented at more than 100 Continuing Legal Education programs throughout the country. He has received a number of honors and awards, including having been named the “Vern Countryman” Award winner in 2006 by the National Consumer Law Center, which “honors the accomplishments of an exceptional consumer attorney who, through the practice of consumer law, has contributed significantly to the well being of vulnerable consumers.” In the late 1980s, he was Chief Nominations Counsel to the U.S. Senate Judiciary Committee. He graduated from Harvard Law School in 1986, and Georgetown University in 1983.


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.


Kenneth J. Lennon is the Director of the Community and Consumer Law Division (CCL) at the Office of the Comptroller of the Currency (OCC). In that capacity, he and his staff work on a broad range of complex consumer-related issues, including in the areas of consumer protection, fair lending, community development and outreach, the Community Reinvestment Act, and consumer complaint resolution.  Prior to being selected as CCL’s Director in October 2016, Mr. Lennon had served as CCL’s Assistant Director since January 2012. Before joining CCL, Mr. Lennon was a staff attorney in the OCC’s Southern District Legal Division, the OCC’s Enforcement and Compliance Division, and the OCC’s Litigation Division.  Mr. Lennon received his law degree from the University of Miami and his undergraduate degree from the University of Notre Dame.  Prior to attending Miami, Mr. Lennon worked in the commercial real estate industry.


Professor Nancy J. Moore is Professor of Law and Nancy Barton Scholar at Boston University School of Law, where she teaches Professional Responsibility and Torts. She has been teaching and writing in the Professional Responsibility field for over thirty years and is the author of numerous articles on attorney ethics. Recent articles include “Financial Rewards for Whistleblowing Lawyers,” (56 BC Law Review 1697 (2015); co-authored with Kathleen Clark), “Ethical Issues in Mass Torts Plaintiffs’ Representation: Beyond the Aggregate Settlement Rule,” 81 Fordham L. Rev. 3233 (2013), “Regulating Conflicts of Interest in Global Law Firms: Peace in Our Time?” 80 Fordham. L. Rev. 2541 (2012) (co-authored with Janine Griffiths-Baker), and “Who Will Regulate Class Action Lawyers?” 44 Loy. U Chi. L. J. 577 (2012.  Professor Moore was Chief Reporter for the ABA Commission on Evaluation of the Rules of Professional Conduct (“Ethics 2000") and is Chair of the Multistate Professional Responsibility Examination Drafting Committee.


Quyen Truong provides regulatory compliance counseling and defense for clients in litigation, government examinations, investigations, and enforcement actions, with emphasis on the Consumer Financial Protection Bureau (CFPB) and prudential regulators, the Federal Trade Commission (FTC), the Department of Justice (DOJ), State Attorney Generals and State financial regulators. She guides and represents clients through all phases of government supervision and enforcement activities. Ms. Truong joined Stroock in May 2016 after serving as Assistant Director and Deputy General Counsel at the CFPB, where she helped to build the new federal regulatory agency and implement the Dodd-Frank Wall Street Reform and Consumer Protection Act, including establishing its infrastructure for decision-making and for interaction with industry, other stakeholders, and governmental authorities.  

As Deputy General Counsel for Litigation, Enforcement, and Oversight at the CFPB, Ms. Truong oversaw the agency’s legal analysis and defense in all matters concerning litigation and mission risks.  Among other responsibilities, she supervised defensive, appellate and amicus litigation, and the review of all CFPB investigations and enforcement actions. The litigation team under her direction represented the CFPB on key issues – from defining the boundaries of its authorities to advancing its interpretation of federal consumer financial law in litigation. She also represented the CFPB in inter-agency fora, including serving as Deputy to the Financial Stability Oversight Council and coordinating with the DOJ, FTC and other regulators in high-stakes litigation, oversight and regulatory proceedings.
 
Ms. Truong came to the CFPB from the Federal Deposit Insurance Corporation (FDIC), where she oversaw the investigation and litigation of claims of regulatory violation, fraud, officer/director and other professional liability, following the financial crisis. Earlier in her career, she served as Associate Bureau Chief at the Federal Communications Commission (FCC), and was cited in Electronic Media’s Millennium Hot List of Industry Leaders for her work as a key driver of the agency’s Internet and competition policies, and her collaboration with the DOJ, FTC, and other authorities.

Besides her vast experience in the public sector, Ms. Truong has over 17 years of private practice experience, including service as a law firm Board member and practice group leader specializing in litigation, investigations, regulatory compliance, and crisis management. The practical and strategic solutions she provides has made her a trusted adviser to industry. For example, she coordinated a consumer services industry leader’s internal investigation and defense against simultaneous attacks by the FCC, FTC, DOJ, Congress, state regulators and prosecutors, and media concerning alleged massive data and privacy breaches.  She terminated the government investigations with zero liability for the client; transformed the company from a government target to a government ally in pursuing the wrongdoers; designed an efficient compliance program that won the International Association of Privacy Professionals 2005 Innovation Award; and attained incorporation of its principles into the agencies’ revision of privacy regulations.

Ms. Truong also has helped industry leaders prevail in other bet-the-company proceedings, including transformative rulemakings, consumer class actions, product launches, and multi-million/billion dollar outsourcing and partnering agreements, mergers and acquisitions.


Sameena Shina Majeed is the Chief of the Housing and Civil Enforcement Section of the Civil Rights Division of the Department of Justice, where she has served for the past nine years, including as a Principal Deputy Chief, Deputy Chief and Trial Attorney.  As Chief, Ms. Majeed directs a nationwide program to enforce federal civil rights laws prohibiting discrimination in housing, lending, zoning and land use, and places of public accommodation.  She has supervised, litigated and settled numerous federal court cases under the Fair Housing Act, Equal Credit and Opportunity Act, the Service members Civil Relief Act, and Title II of the Civil Rights Act of 1964, among others.  Her work for the Department includes cases to challenge unlawful redlining and pricing discrimination in home mortgages, auto lending, and in other credit transactions.


Adrienne McEntee is a member of Terrell Marshall Law Group PLLC (TMLG), where she concentrates her practice on complex litigation, including the prosecution of class actions on behalf of consumers, actions involving vulnerable adults, trusts and estates, and real estate and commercial disputes. Prior to joining TMLG, Adrienne was a member of Tousley Brain Stephens PLLC. Before entering private practice, Adrienne worked with the King County Prosecuting Attorney’s Office, where she prosecuted a broad range of cases, including fraud and other economic crimes.


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.