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23rd Annual Consumer Financial Services Institute - California


Speaker(s): Alan S. Kaplinsky, Andre M. Mura, Anne P. Ray, Cara Petersen, Christopher J. Young, Christopher L. Peterson, Daniel Kaufman, Deepak Gupta, Eleanor M. Blume, Elizabeth J. Cabraser, Eric J. Mogilnicki , F. Paul Bland, Jr., Genessa Stout, Hon. Elizabeth D. Laporte, Hon. Richard Kramer (Ret.), James A. Francis, Jared Ho, Jesse Silverman, John W. Barrett, Julia B. Strickland, Nicole Kontrabecki, Noah A. Levine, Quyen T. Truong, Richard K. Hayes, Robert J. Wirtz, Scott M. Pearson, Serge Jorgensen, Shannon E. Smith, Stephen S. Wu, Timothy J. St. George, Toby J. Marshall
Recorded on: Jun. 25, 2018
PLI Program #: 221142

Anne P. Ray is a Senior Claims Attorney in the Global Management Liability group at Markel Insurance in Chicago, where she oversees public and private company D&O claims, as well as employment and fiduciary claims.  Prior to joining Markel in 2018, she was a partner at Jenner & Block, LLP in Chicago, where she concentrated her practice on professional liability litigation, defending lawyers and law firms in pending or threatened legal malpractice and related claims.  She continues to speak and write regularly on all things ethics. 

Ms. Ray is active in the Chicago legal community as a member of the Illinois Supreme Court Committee on Professional Responsibility.  She serves on the Illinois Supreme Court Access to Justice Small Claims Forms subcommittee and was the chair of the Chicago Bar Association’s Professional Responsibility Committee from 2016-2018. She serves on the Advisory Council of Between Friends, a non-profit organization dedicated to breaking the cycle of domestic violence and building a community free of abuse, and on the Board of Directors of the Chicago Children’s Theater.  She is also a member of the Chicago Council of the American Writer’s Museum.

Representative Publications and Speaking Engagements

  • Ethical Issues Unique to the Consumer Space and Class Actions,” Practising Law Institute’s Annual Consumer Financial Services Conference, June 26, 2018; May 8, 2018; May 5, 2017
  • Beyond the Reasonable Fee Standard: The Ethics of Attorney’s Fees in a World of Alternate Fee Arrangements,” ClearLaw webinar, December 14, 2017
  • Navigating Conflicts of Interest in Securities Class Actions,” The Review of Securities and Commodities Regulation, August 2017
  • Attorney Fees & Ethics: It Pays to Be Reasonable,” National Association of Legal Fee Analysis webinar, April 27, 2017
  • Manage Your Risk with Concurrent Client Conflicts,” Lorman Education Services webinar, October 27, 2016
  • Navigating the Complex World of Conflicts,” Practical Law, August/September 2015


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.


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.


Eleanor serves as the chief advisor to Attorney General Xavier Becerra on economic matters. Her portfolio includes consumer protection, antitrust enforcement, corporate fraud and financial crimes, education, cybersecurity, and technology policy, as well as and state and local partnerships. She has served as a Director at the Department of Defense, overseeing implementation of new regulations to protect military families from abusive lending, and as Counsel at the Consumer Financial Protection Bureau, providing legal and policy guidance on consumer protection matters. Eleanor holds a B.A. from Wellesley College and J.D. from the University of California, Berkeley School of Law.


Genessa Stout is Product Counsel with PayPal where she works closely with business partners to develop products to democratize financial services and increase financial inclusion. Genessa joined PayPal in 2015 as Director of Litigation. Before moving to San Francisco to work with PayPal, Genessa worked as an enforcement attorney at the Consumer Financial Protection Bureau in Washington, D.C. While at the CFPB, Genessa lead the investigation and resolution of several large enforcement actions related to mobile payments, mortgages, and small-dollar lending. Before joining the CFPB, Genessa worked at Hagens Berman Sobol Shaprio in Seattle where her practice focused on representing plaintiffs in complex financial services class actions. She is a graduate of the University of Washington and Seattle University School of Law. Genessa is committed to giving back and leads PayPal’s Global Pro Bono Program and spends her free time enjoying yoga and California’s natural beauty.


Robert (Bob) Wirtz is currently serving as the Acting Deputy Regional Director with the FDIC’s Division of Depositor and Consumer Protection in the San Francisco Region.  In that position, he is responsible for providing leadership and direction for the region’s consumer protection examination program.

Bob has worked for the FDIC for 32 years, both in Risk Management and Consumer Protection.  In his permanent position as Assistant Regional Director, Bob has oversight responsibility for two field territories that conduct consumer protection examinations in four states and two territories.

Prior to his appointment to his current position in 2007, Bob was a Field Supervisor in the New York Region and directed a staff of field examiners in two offices: Jamesburg, NJ and Baltimore, MD.  He had oversight responsibility for banks located in New Jersey, Maryland, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.

Bob previously served as a Review Examiner in the San Francisco Regional Office where he provided advice and counsel to field examiners, reviewed complex compliance examination reports, and completed special projects for regional management.

Throughout his career, Bob has served on numerous details and special assignments, including Acting Associate Director for the Administrative Management and Operations Branch in the Washington Office, Acting Deputy Regional Director for Consumer Protection in San Francisco and New York, Acting Assistant Regional Director for Risk Management in New York, and Special Assistant to the Senior Deputy Director for Risk Management in the Washington Office.

Bob earned his B.S. in business administration from the University of North Dakota in Grand Forks in 1985.

 


Tim St. George’s practice includes the representation of clients in federal and state court, both at the trial and appellate level. Tim focuses his practice on the areas of complex litigation and business disputes, financial services litigation, and consumer litigation.

Tim has developed a particular expertise litigating individual and class action cases under the federal Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), and the Fair Debt Collection Practices Act (FDCPA), as well as their state law counterparts.

Tim has written and spoken nationally on issues relating to complex litigation, background screening, and consumer protection. He has been quoted in publications such as the National Law Journal, The Business Lawyer (American Bar Association), Law360, The Practical Litigator (American Law Institute), and the Practical Law Journal. He has lead national compliance and litigation seminars/webinars on class actions, the Fair Credit Reporting Act, and consumer protection.

Tim has experience in all phases of complex litigation, including serving as lead trial counsel in federal and state court, where he has secured both jury verdicts and defense judgments for his clients. He has substantial class action experience, having served as counsel in dozens of proposed class cases. He has also been lead counsel in consumer arbitrations. Tim has also served as counsel in successful appeals before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Court of Appeals for the Ninth Circuit. 

Before joining the firm, Tim served as a judicial law clerk to the Honorable Robert E. Payne, United States District Court for the Eastern District of Virginia.

Tim was a Phi Beta Kappa graduate of the University of Virginia.  He received his law degree, Order of the Coif, from the University of Virginia School of Law. 


Cara serves as the Principal Deputy to the Assistant Director for Enforcement of the Consumer Financial Protection Bureau.  Cara joined the Bureau in March 2011 during the stand-up and implementation phase of the agency. Prior to assuming the Principal Deputy role, Cara served as a Litigation Deputy and an Assistant Litigation Deputy in the Office of Enforcement. 

Before joining the Bureau, Cara was an attorney at the Federal Trade Commission, handling consumer protection investigations in the FTC’s Division of Financial Practices. Before that, she was a litigator at Arnold & Porter. 

Cara holds a B.A. in Economics, summa cum laude, from the George Washington University and a J.D., cum laude, from the University of Iowa Law School. 


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

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

Ms. Strickland once again received top honors in Chambers USA 2018 with a Band 1 ranking in the Financial Services Regulation: Consumer Finance Litigation–Nationwide category.  Ms. Strickland is one of only three attorneys across the country to receive this recognition. She was also selected by Law360 as a 2017 Banking MVP joining an elite slate of only six lawyers nationally who have distinguished themselves from their peers.

For more than 13 years running, The Los Angeles Daily Journal has named Ms. Strickland one of California’s “Top Women Lawyers.” The Los Angeles Business Journal honored Ms. Strickland in their Leader in Law awards, naming her one of their “Lawyers of the Year” for 2016 and 2017, and she was recognized by leading corporate counsel as a member of the BTI Consulting Group’s “Client Services All-Stars” for her “uncanny ability to anticipate opposing counsel,” as well as being “very customer focused and practical.” She has also been repeatedly recognized by Super Lawyers, Benchmark Litigation, The Los Angeles Times and Best Lawyers.


Christopher Young is Deputy Assistant Director for the Bureau of Consumer Financial Protection’s Office of Supervision Policy.  Mr. Young joined the Bureau in early 2011, prior to which he served as General Counsel to the Maryland Commissioner of Financial Regulation.  Mr. Young began his legal career representing banks and nonbank financial services companies in private practice.  


Alan S. Kaplinsky is a senior partner and Practice Leader of the more than 110-person Consumer Financial Services Group at Ballard Spahr LLP which was recently named by Law 360 a Banking Law Practice Group of the year.  He devotes his practice exclusively to: (i) counseling financial services companies with respect to bank regulatory and transactional matters, particularly consumer financial services law, and (ii) defending them when they are sued by consumers and governmental enforcement agencies in individual and class action lawsuits.  Alan was the first president of the American College of Consumer Financial Services Lawyers, an organization founded in order to honor those lawyers who have made substantial contributions to the development of consumer financial services law.  In April of 2016, he received the American College’s Lifetime Achievement Award.  He is a past chair of the Committee on Consumer Financial Services of the Section of Business Law of the American Bar Association.  He has been named as a tier one banking and consumer financial services lawyer in the 2006-2018 editions of Chambers USA: America’s Leading Lawyers for Business, a directory of America’s leading lawyers.  In 2015, Alan was named as a “Trailblazer” by the National Law Journal because of his pioneering work related to consumer arbitration provisions.  For 24 years, he has annually co-chaired for Practicing Law Institute its Annual Institute on Consumer Financial Services in New York, Chicago and San Francisco.  His group recently received the 2018 Readers’ Choice Awards from JD Supra, including the Top Firm Award in Banking and Finance.  Alan earned Top Author honors in Banking and Finance and was ranked #1 in Class Actions.  He was recently awarded the National Law Review’s “Go-To Thought Leadership Award in Consumer Finance” for his work on the Firm’s Consumer Finance Monitor blog which Alan launched in 2011.  Alan recently launched a companion podcast series known as Consumer Finance Monitor.


Andre M. Mura represents plaintiffs in class action and complex litigation concerning consumers’ and workers’ rights, products liability, drug and medical devices. Prior to joining Gibbs Law Group LLP, Andre was senior litigation counsel at the Center for Constitutional Litigation PC, where he represented plaintiffs in high-stakes appeals and complex litigation. He is a Fellow of the American Bar Foundation, a member of the Lawyers Committee of the National Center for State Courts, a member of Public Justice’s Class Action Preservation Project, an Ex-Officio Trustee of the Pound Civil Justice Institute, and Chair-Elect of the American Association for Justice’s LGBT Caucus.


Elizabeth Cabraser is one of the most highly regarded and experienced complex litigation attorneys in the country. She has had an individual AV-rating for over 20 years and has been repeatedly acknowledged as one of the country's most prominent mass tort lawyers with decades of experience in consumer protection and pharmaceutical litigation. She represents both governmental entities under the deceptive practice and consumer protection statutes of all states and personal injury victims under state tort laws. She has been repeatedly recognized by the National Law Journal as one of the 100 most influential lawyers in the United States.

Ms. Cabraser brings a level of intellectual sophistication unparalleled in the legal community. Her legal acumen honed in an academic setting as a professor of complex litigation at both Columbia University Law School and Boalt Hall, University of California at Berkeley, is a product of both her day to day practical experience serving as lead counsel in MDLs and class actions across the country, her passion for the law, and her compunction to advance justice on behalf of the community.

Ms. Cabraser has been in the leadership of many of the most significant cases of the past several decades, including most recently in Opioids, BP, Takata, and the VW Clean Diesel Litigation. Ms. Cabraser was recently appointed by MDL Judge Dan Aaron Polster to the Plaintiffs’ Executive Committee of In re: National Prescription Opiates Litigation, MDL No. 2804. In VW, after nine months of intensive negotiation and extraordinary coordination led on the class plaintiffs’ side by Ms. Cabraser as sole Lead Counsel and Chair of a 22-member Plaintiffs' Steering Committee, a set of interrelated 2.0-liter vehicle settlements totaling $14.7 billion were given final approval in 2016. In May 2017, a further settlement valued at $1.2-$4.04 billion for 3.0- liter engine vehicles received final approval. “The total cost of penalties, buybacks and fixes in North America could exceed $23 billion as Volkswagen tries to overcome the biggest scandal in modern automotive history” (Bloomberg News). These settlements, unprecedented for their scope and complexity, comprise one of the largest payments in American litigation and the largest known consumer class settlement.


Hon. Richard A. Kramer (Ret.) served for nearly two decades as a well-respected judge in San Francisco Superior Court. For the thirteen years prior to joining JAMS, he presided over cases in the Court's Complex Litigation Department. Lauded as astute and energetic by his fellow judges, he has also been called the "architect of complex litigation" management by attorneys. He is highly regarded for his smart, practical approach to difficult cases as well as his pragmatic approach towards settlement.

During his prestigious judicial career, Judge Kramer presided over all stages of civil cases, particularly those designated as "complex" due to their need for close judicial supervision. He is known for his hands-on management of all phases of the case, including organizing the progress of the litigation, establishing cost-efficient discovery plans and resolving discovery disputes, as well as offering appropriate assistance with settlement. Judge Kramer has heard hundreds of cases involving a wide array of legal issues in such areas as consumer and commercial financial services, employment law, antitrust, unfair business practices, taxation, insurance coverage and allocation, construction defects, interpretation of legislation, judicial review of administrative determinations, drug and medical device mass torts, water rights, environmental claims (including under California Proposition 65), and a variety of complicated contractual and business disputes.

Prior to his time on the bench, Judge Kramer practiced commercial trial law for 24 years in practice areas that included anti-trust, restructuring of businesses in the context of bankruptcy, and general commercial litigation. He tried dozens of cases throughout California and in several states, including class actions, environmental litigation, employment cases, construction disputes, SEC Enforcement Division investigations, shareholder class actions, fraud cases, and banking matters.


Noah Levine represents clients in a diverse range of litigation matters, including class actions and appeals. He has defended businesses in consumer class actions under federal banking statutes, federal and state consumer protection laws, and antitrust laws, and litigated data breach, privacy and other complex commercial matters. 

Mr. Levine's litigation practice is divided between appellate and trial work. On the appellate side, he has prepared merits briefs, petitions for certiorari and amicus briefs before the US Supreme Court and numerous federal appellate courts in cases involving arbitration, banking, constitutional, commercial, insurance, intellectual property and securities matters. Mr. Levine has presented oral argument in many of the same cases, in the US Courts of Appeals for the Second, Eighth, Ninth and Federal Circuits. On the trial side, Mr. Levine frequently represents financial institutions in class actions and other complex commercial litigation involving banking, consumer protection, data breach, privacy, intellectual property and constitutional matters.  

Mr. Levine joined the firm in 2002, and is the head of the Business Trial Group. Prior to joining WilmerHale, Mr. Levine was associated with a law firm in Seattle, Washington, and spent one year at the US Department of Justice as a Bristow Fellow in the Office of the Solicitor General.

Representative Matters

Class Actions

  • Representing financial institution in putative class action in bankruptcy court asserting discharge-injunction claims related to charged-off, sold credit card debts
  • Representing financial institution in putative class action asserting federal and state law claims related to the provision of debit cards for juror service payments
  • Successfully defeated class certification in Fair Housing Act matter brought against secondary-market purchaser of mortgage loans
  • Represented company in, and settled, putative class actions asserting various privacy and tort claims related to major cyberattack
  • Successfully defeated putative class action brought by merchant asserting contract-related claims related to payment processing services
  • Represented financial institution in, and settled, putative class action asserting claims under the Fair Credit Reporting Act related to use of consumer reports
  • Successfully defeated putative class actions asserting claims under the Truth in Lending Act and state contract law regarding repricing of credit card debt
  • Successfully defeated putative class action asserting state law claims related to allocation of credit card payments
  • Represented financial institution in, and settled, class action asserting state law claims related to provision of debit cards to prisoners upon release from prison
  • Successfully defeated federal privacy claims in putative class action related to loss of customers' personally identifying information

Appeals

  • Represented bank in appeal from denial of motion to compel arbitration in putative class action asserting discharge-injunction claims in federal bankruptcy court
  • Represented defendant trading firm in appeal from dismissal of claims under the Commodity Exchange Act
  • Successfully represented payment processor in appeal of decision dismissing merchant's putative class-action claims
  • Successfully represented life insurance company in certified class action involving state-law claims related to sales of indexed universal life insurance policies
  • Successfully represented secondary-market purchaser of mortgage loans in interlocutory appeal of district court decision denying certification of a class under Fair Housing Act
  • Successfully represented financial institution in appeal of decision granting motion to compel arbitration
  • Successfully represented national banks in appeal asserting putative class-action claims under the National Bank Act related to credit card late and overlimit fees

Honors & Awards

Mr. Levine was recommended by The Legal 500 United States in 2016 for his dispute resolution and general commercial litigation practice.

 


Daniel Kaufman is the Deputy Director for the Federal Trade Commission’s Bureau of Consumer Protection. The Bureau works to protect consumers against unfair, deceptive or fraudulent practices. Daniel assists in overseeing all Bureau matters involving privacy, data security, and financial practices. He joined the FTC in 1998 as a staff attorney in the Division of Advertising Practices, where he litigated cases challenging unsubstantiated health and disease claims, including the Commission’s litigations against Rexall Sundown, Kevin Trudeau, and Direct Marketing Concepts. From 2005-2008, he served as an Attorney-Advisor to former FTC Chairman Deborah Platt Majoras and as the Bureau’s Chief of Staff from 2008-2011. Prior to joining the Commission, Daniel spent four years as a litigator in New York City. He received his Bachelor of Arts from Cornell University and graduated cum laude from the University of Pennsylvania Law School where he was awarded Order of the Coif.


ELIZABETH D. LAPORTE is a United States Magistrate Judge for the Northern District of California. Appointed on April 4, 1998, Judge Laporte presides over numerous civil cases randomly assigned to her with the parties' consent, including patent, trademark, copyright and other business litigation, employment, civil rights and environmental cases. She also presides over criminal matters, conducts settlement conferences, and resolves discovery disputes.

Judge Laporte is the author of Managing the Runaway Patent Case, an article published in the Summer 2003 issue of the Northern California ABTL [Association of Business Trial Lawyers] Report, and Getting the Most Out of Judicial Settlement Conferences, published in the Winter 2006 issue. She also served as a judicial reviewer to the Continuing Education of the Bar's (CEB's) California Civil Discovery Practice, and authored an article on the 2006 e-discovery amendments to the Federal Rules of Civil Procedure for CEB's Civil Litigation Reporter.

Judge Laporte is a member of the Board of Governors for the Northern California Chapter of the Association of Business Trial Lawyers and the Executive Committee of the Litigation Section of the Bar Association of San Francisco. She is also a judicial observer for the Sedona Conference Working Group on Electronic Document Retention and Production and a former member of the Federal Circuit's Bench Bar E-Discovery Committee. Judge Laporte has recently been appointed the Alternative Dispute Resolution Magistrate Judge for the Northern District of California, previously served as the Chair of the Executive Board of the Ninth Circuit Magistrate Judges, and was a member of the Jury Trial Improvement Committee of the Ninth Circuit Court of Appeals.

Prior to her appointment, Judge Laporte served as Chief of Special Litigation for the San Francisco City Attorney's Office (1996-98); Administrative Law Judge for the California Department of Insurance (1991-96); Partner, and previously associate, at Turner & Brorby (1983-91); and Law Clerk to the Honorable Marilyn Hall Patel, Northern District of California (1982-83). Prior to attending law school, she was a policy planner/economist at the Federal Trade Commission from 1977-1979.

Judge Laporte is a graduate of Princeton University, class of 1975, and holds a masters degree from Oxford University (as a Marshall Scholar from 1975-77), and a J.D. from Yale Law School, Class of 1982. Judge Laporte was named a Lawyer of the Year by California Lawyer in 1996.


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.


Jah-Juin “Jared” Ho is an attorney with the Division of Privacy and Identity Protection (DPIP) at the Federal Trade Commission.  This Division of the FTC has responsibility for enforcing federal statutes and regulations that pertain to information security and consumer privacy.  Jared 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.  Prior to joining DPIP, Jared was an attorney in the FTC’s Office of Technology Research and Investigations.  Jared has also served as a Senior Policy Advisor in the Federal Communications Commission’s Enforcement Bureau where he advised on cases and rulemaking.

In addition to his federal service, Jared was a Deputy Attorney General for the State of New Jersey where he led his office’s privacy and data security efforts. He has also served as a visiting fellow at Princeton University’s Center for Information Technology Policy.


Jesse Silverman, Head of Regulatory, LendUp: Jesse is currently head regulatory counsel for LendUp, a San Francisco based FinTech lender focused on expanding access to credit for the underbanked through their loan and credit card products. He previously spent four years with the CFPB's Office of Enforcement in both Washington DC and New York, where he investigated and brought actions against a wide range of financial institutions for violations of federal consumer finance laws. Prior to his time with the CFPB, he was an attorney for the Connecticut Department of Banking, focusing on similar consumer financial protection issues on the state level. Jesse regularly speaks about the emerging intersection between consumer finance law, policy and technology and the challenges of balancing these competing objectives in a rapidly evolving marketplace.


John Barrett concentrates his practice in class actions and complex litigation, and is experienced in trial and appellate work. John litigates class action cases involving predatory lending, illegal loan servicing, antitrust, telemarketing, and other state and federal consumer law matters.

He is a 1996 graduate of Boston University School of Law (cum laude), and a 1988 graduate of the University of Pennsylvania (B.A., English). He is a former law clerk for Chief Judge Charles H. Haden II, U.S. District Court for the Southern District of West Virginia, 1996-1998.


Nicole Kontrabecki is Vice President, Deputy General Counsel at Prosper Marketplace, Inc.  During her tenure at Prosper, Nicole has provided a general commercial, financial and intellectual property advice.  She has supported Prosper’s Capital Markets team with investor-led securitizations and the development of Prosper’s own securitization program.

Prior to Prosper, Nicole worked on commercial and M&A transactions in the wine industry at Farella Braun & Martell LLP and on project finance transactions in the energy sector at Coudert Brothers.


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.


Richard K. Hayes is a Deputy Chief of the Civil Division in the Office of the United States Attorney for the Eastern District of New York. He supervises the Office’s civil fraud practice areas including cases brought under the False Claims Act. He also oversees the Office’s civil environmental practice. Other litigation and supervision has included: investigations concerning residential mortgage backed securities under the Financial Institutions Reform Recovery and Enforcement Act; labor racketeering prosecutions under the civil remedies provisions of the Racketeer Influenced and Corrupt Organizations Act; drug and listed chemical diversion cases under the Controlled Substances Act; consumer fraud and safety litigation; and civil forfeiture. Richard is a two-time recipient of the Attorney General’s Award for Distinguished Service, United States Department of Justice, and two-time recipient of the Director’s Award for Superior Performance, Executive Office of United States Attorneys, United States Department of Justice. He is also a recipient of the Henry L. Stimson Medal for outstanding performance as an Assistant United States Attorney, Association of the Bar of the City of New York. He is a graduate of Fordham University School of Law.


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

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

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


Serge Jorgensen is founding partner and CTO of the Sylint Group. He provides strategic guidance and active oversight in the areas of computer security, incident response, counter cyber-warfare, eDiscovery, and security architecture. Before co-founding the Sylint Group, Mr. Jorgensen was Vice President of LoCast Corporation, where he directed the development and subsequent patent of HIPAA-compliant patient location and status-tracking technologies. Mr. Jorgensen is a nationally recognized speaker on cyber security, actively participating in the Sedona Conference, American Bar Association, and RSA Conference. He has directed the development of several leading-edge security applications, provided response and remediation guidance to multi-billion dollar international espionage and cyber-security attacks, and directed, tasked and managed multi-million dollar litigation, forensic and electronic discovery efforts.


Shannon Smith is a Senior Assistant Attorney General and Chief of the Consumer Protection Division of the Washington State Attorney General’s Office. Her responsibilities include managing the division’s litigation, enforcement, consumer services, and outreach and education activities.  In addition to enforcing consumer protection laws, the division is responsible for administering the state’s Lemon Law Program and Manufactured Housing Program.  Shannon joined the Consumer Protection Division in 2005 and was named Division Chief in 2012.

Prior to joining the Consumer Protection Division, Shannon represented the Washington Utilities and Transportation Commission in telecommunications and energy regulatory matters (1995-2005) and the Department of Licensing and Department of Health in professional licensing disciplinary matters (1989-2005).  She has been with the Washington Attorney General’s Office since 1989.


Stephen Wu is a shareholder with Silicon Valley Law Group. He advises clients on information governance matters, focusing on information security, privacy, mobile computing, ediscovery preparedness, records management, and computer-related investigations. He reviews and writes sophisticated information security policies for large enterprises, and assists in data security regulatory compliance, incident response, breach notifications, and establishing secure electronic commerce systems. He drafts privacy policies for clients, including ones for U.S. companies with European and Asian operations. He assists clients with European Union General Data Protection Regulation (GDPR) compliance. Steve assists clients in managing enterprise mobile device programs, including writing bring your own device (BYOD) and teleworking policies.

In addition, Steve represents start up companies as outside general counsel, including providing assistance with business formation and deals in which he drafts and negotiates technology-related agreements, such as master service agreements, online application/XAAS/cloud agreements, terms of service, licenses, joint ventures, development agreements, and marketing agreements. His litigation practice focuses on trade secret misappropriation, computer fraud, and data theft. Also, his practice also includes copyright and trademark litigation, as well as general commercial litigation.

Finally, Steve advises clients compliance, liability, and information governance matters in cutting edge areas of technology such as robotics, autonomous driving and unmanned vehicle systems, unmanned aerial systems (drones), artificial intelligence, haptics, human-computer interfaces, Big Data, data property rights, Internet of Things, augmented and virtual reality, and 3D printing.

Steve served as the 2010-2011 Chair of the American Bar Association Section of Science & Technology Law, and is a member of a number of the Sections Committees, including the Information Security, E-Discovery and Digital Evidence, E-Privacy Law, Artificial Intelligence and Robotics, and Big Data Committees. The American Bar Association published his book, Guide to HIPAA Security and the Law, in August 2016. Steve also served as the 2014-2015 Chair of the High Technology Law Section of the Santa Clara County Bar Association. He has written or co-written six other books on information security and the law. He wrote book chapters on product liability for a Daimler & Benz Foundation showcase publication on autonomous driving and the American Bar Association’s book on drones.

Before joining Silicon Valley Law Group, Steve was a Silicon Valley partner at Cooke Kobrick & Wu LLP. Before starting his private practice, was the second in-house attorney at VeriSign, Inc. At VeriSign, he was in charge of the team managing the company's security policies and procedures (certificate policies and certification practice statements) supporting its secure ecommerce (public key infrastructure) services. Before VeriSign, Mr. Wu practiced with two large law firms, Jones Day and the firm now known as K&L Gates, in the areas of intellectual property, commercial, and general litigation, as well as technology licensing and transactions. From 1988 to 1990, Steve served as a law clerk to the Hon. Joseph P. Kinneary, U.S. District Court for the Southern District of Ohio.


Toby J. Marshall is a founding member of Terrell Marshall Law Group PLLC, where he concentrates his practice on complex civil litigation in the areas of wage and hour law, consumer protection, and civil rights.  Toby has represented workers, consumers, and other groups in a variety of class and collective actions.  He has tried and won cases in state and federal courts and has also successfully briefed and argued cases before the Washington Supreme Court, the Washington Court of Appeals, and the Ninth Circuit Court of Appeals.  Toby graduated from the University of Washington School of Law, where he served on the Moot Court Honor Board and was selected to the Order of Barristers.  He has been named several times to the annual Super Lawyers list in Washington Law & Politics.

 


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.


Jim Francis has been admitted to practice before the United States Court of Appeals for the Third, Fourth and Ninth Circuits, the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the District of New Jersey, as well as the Pennsylvania and New Jersey state courts. He is a 1992 graduate of Muhlenberg College (B.A., cum laude) and a 1995 graduate of the Temple University Beasley School of Law. In law school, he won the 1995 Wapner, Newman & Wigrizer, P.C. award for excellence in civil trial advocacy, was awarded outstanding oral advocacy and served as President of the Student Bar Association. Following law school, Mr. Francis was associated with Kolsby, Gordon, Robin, Shore & Rothweiler in Philadelphia. Since 1998, he has focused his practice in consumer protection litigation, with a particular concentration in fair credit reporting, fair debt collection practices and consumer class actions.

In 2004, Mr. Francis was the youngest lawyer to be ranked in the Top 100 Superlawyers in the Commonwealth of 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 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).