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20th Annual Consumer Financial Services Institute


Speaker(s): Andrew J. Pincus, Andrew M. Smith, Anna Prakash, Anthony Alexis , Brian P. Brooks, Christopher J. Willis, Christopher L. Peterson, Daniel A. Edelman, Deepak Gupta, Dennis M. Cariello, Diane E. Thompson , Eileen Connor, Eric J. Mogilnicki , John A. Yanchunis, John W. Barrett, Jonathan B. Marks, Joy Feigenbaum, Kent D.B. Sinclair, Manuel Newburger, Maria B. Earley, Matthew W.H. Wessler, Michael G. Morgan, Michael W. Sobol, Peggy L. Twohig , Richard D. McCune, Stephanie Kahn, Stephen J. Newman
Recorded on: Apr. 6, 2015
PLI Program #: 58269

Andrew Pincus focuses his appellate practice on briefing and arguing cases in the Supreme Court of the United States and in federal and state appellate courts; developing legal strategy for trial courts; and presenting policy and legal arguments to Congress, state legislatures, and regulatory agencies.

Andy has argued 24 cases in the Supreme Court, including AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011). For his victory in Concepcion, Andy was named Litigator of the Week by the American Lawyer and Appellate Lawyer of the Week by The National Law Journal. Andy’s work in Concepcion and successful defense of Chicago Mayor Rahm Emanuel’s right to run for office were cited by the American Lawyer in its article naming Mayer Brown as one of the top six US litigation firms in the 2012 Litigation Department of the Year report. Law360 profiled Andy as part of its “2014 Appellate A-List” series.

In the upcoming Supreme Court Term, Andy will argue Spokeo, Inc. v. Robins, a case presenting important questions regarding Congress’s authority to create forms of injury that satisfy Article III’s standing requirement.

A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.

Andy’s practice also includes detailed written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues. He frequently testifies before Congress on a variety of subjects, including patent reform, the Consumer Financial Protection Bureau, reform of the federal litigation system, and the Supreme Court's decisions in cases involving business law issues. Andy successfully represented clients in connection with passage of the Private Securities Litigation Reform Act.

While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning intellectual property protection, privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.

Andy graduated in 1981 from Columbia Law School, where he was Notes & Comments Editor of the Law Review and a James Kent and Harlan Fiske Stone Scholar. He was an undergraduate at Yale University, graduating in 1977 cum laude.

Following law school graduation, Andy was Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982), after which he practiced with another major law firm in Washington.


Andrew Smith is Director of the FTC’s Bureau of Consumer Protection. He came to the FTC from the law firm of Covington & Burling, where he co-chaired the financial services practice group. Earlier in his career, Mr. Smith was a staff attorney at the FTC, where he led the agency’s efforts to make several rules under the Fair Credit Reporting Act. Mr. Smith has written extensively on consumer protection and financial services issues, served as the Chair of the American Bar Association's Consumer Financial Services Committee, and is a Fellow of the American College of Consumer Financial Services Lawyers.

The FTC’s Bureau of Consumer Protection is the nation’s primary consumer protection agency.  The Bureau of Consumer Protection stops unfair, deceptive and fraudulent business practices by conducting investigations, suing companies that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights and responsibilities.


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.


Brian P. Brooks is Fannie Mae’s Executive Vice President, General Counsel, and Corporate Secretary. Mr. Brooks oversees the Legal Department and Government and Industry Relations. He serves as a senior advisor to the Chief Executive Officer and the Board of Directors.

Before joining Fannie Mae in November 2014, Mr. Brooks was Vice Chairman of OneWest Bank, where he served as chief legal officer and oversaw the bank’s fair lending, corporate customer experience, and mortgage marketing and communications groups. In that position, he advised executive management and the board of directors on legal, risk, and strategic issues; developed and implemented strategies to manage litigation and government inquiries; led deal teams for strategic transactions; and led the bank’s compliance with regulatory orders on mortgage servicing and foreclosures. Before that, Mr. Brooks was a Managing Partner at the global law firm O’Melveny & Myers, where he led an office of more than 150 attorneys, represented major financial services companies in a variety of litigation and enforcement matters, and played a lead role in crafting the banking industry’s response to the 2010–2011 foreclosure crisis.

Mr. Brooks has a bachelor of arts in government from Harvard University and a juris doctorate from the University of Chicago.


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.


John A. Yanchunis currently leads the National Consumer Class Action and False Claims Act sections of Morgan & Morgan’s Complex Litigation Group and has dedicated his practice to consumer class litigation for the past 19 years.  Throughout his career, Mr. Yanchunis has represented consumers in numerous privacy rights and data breach cases, beginning with the multidistrict consolidated class case of In re DoubleClick Inc. Privacy Litigation, No. 00-cv-0641-NRB (S.D.N.Y.), a seminal privacy class action that settled in 2002 and involved DoubleClick’s use of cookies to track the private activities of internet users.  Mr. Yanchunis has also served as co-lead counsel in the successful prosecution and settlement of the two largest class action cases in the United States:  Fresco v. Automotive Directions, Inc., No. 03-61063-JEM, and Fresco v. R.L. Polk, No. 07-cv-60695-JEM (S.D. Fla.).  Mr. Yanchunis’ role as lead counsel in these cases is particularly noteworthy as these cases were filed against the world’s largest data and information brokers, including Experian, R.L. Polk, Acxiom, Reed Elsevier (which owns Lexis/Nexis), and other companies to protect the important privacy rights of consumers.

Mr. Yanchunis also served as co-lead counsel in the successful resolution of the following privacy class actions:  Davis v. Bank of America, No. 05-cv-80806 (S.D. Fla.); Kehoe v. Fidelity Federal Bank and Trust, No. 03-cv-80593 (S.D. Fla.) and Pino v. Warranty Acceptance Corporation, No. 05-cv-61576 (S.D. Fla.).  In addition, Mr. Yanchunis served as lead counsel in the following data breach class cases: Burrows v. Purchasing Power, LLC, No. 1:12-cv-22800 (S.D. Fla.), and Carsten v. University of Miami, No. 14-cv-20497 (S.D. Fla.), both of which settled and provided monetary and injunctive relief to members of the class.  

Currently, Mr. Yanchunis is serving as lead counsel in the following privacy/data breach class litigation involving the loss of medical and financial information: John Doe v. Tampa General Hospital, No. 14-CA-012657 (Fla. 13th Judicial Cir. Ct. 2014) and Elyzabeth Ramirez v. ChenMed, LLC, No. 1:14-cv-20497-KMW (Fla. 11th Judicial Cir. 2014).  Mr. Yanchunis is also class counsel in two other data breach cases against retailers: Mary Jane Whalen v. Michael Stores Inc., No. 14-cv-07006 (S.D.N.Y. 2014) and Remijas v. Neiman Marcus Group, LLC, No. 14-cv-01735 (N.D. Ill.).

Mr. Yanchunis also currently serves on the Executive Committee overseeing the consumer class, bank class and shareholder derivative litigation pending against Target Corporation for perhaps the largest data breach case to date, In re Target Corporation Customer Data Security Breach Litigation, MDL No. 2522 (D. Minn.), pending before United States District Judge Paul A. Magnuson. 

As a result of his experience in privacy and data breach litigation, Mr. Yanchunis has lectured at seminars regarding privacy litigation.  In addition, Mr. Yanchunis has served as lead, co-lead, or class counsel in numerous class actions involving a wide variety of areas affecting consumers, including antitrust, defective products, life insurance, annuities, and deceptive and unfair acts and practices.  As a result of his experience, beginning in 2005, Mr. Yanchunis was selected to serve as lead counsel for the Florida Department of Financial Services and the Florida Department of Insurance Regulation (the insurance regulators in the state of Florida) in their investigation of the insurance industry over issues concerning possible antitrust activity, and other possible unlawful activities regarding the payment of undisclosed compensation to insurance brokers.  This litigation and investigation resulted in millions of dollars in restitution being paid to Florida consumers, and also resulted in significant changes in the way commercial insurance is sold in the state of Florida and across the country.


Jonathan B. Marks specializes in the resolution of complex commercial disputes.  Over the past 30 years, he has arbitrated and mediated more than 1,500 major disputes.

Mr. Marks is the principal of MarksADR, LLC, an arbitration, mediation and ADR provider in Bethesda, MD, which he founded in 1999.  In 1981, Mr. Marks co-founded ENDISPUTE, Inc., the nation's first provider of a full range of dispute resolution and management services.  After  ENDISPUTE, Inc. merged with Judicial Arbitration and Mediation Services (“JAMS”) in 1994, Mr. Marks served as the Vice-Chairman and Chairman of the firm’s Executive Committee, which set professional practice policies for the firm’s nationwide panel of former judges and attorney-neutrals.  Mr. Marks’ involvement in Alternative Dispute Resolution started in 1977 when he helped invent the "mini-trial."

Before founding ENDISPUTE, Inc., Mr. Marks was General Counsel of the United States International Development Cooperation Agency, Counsel and Associate Director of the Peace Corps, a partner at Munger, Tolles & Olson, and an Assistant United States Attorney for the District of Columbia. 

Mr. Marks received a J.D. degree from Harvard Law School in 1972, where he was President of the Law Review. He holds a B.A. in Biology from Harvard College (1966).  Before attending law school he served in the Peace Corps for two years. During and after law school, he was a commissioned officer in the Massachusetts National Guard.

Mr. Marks is a member of CPR’s National Panel of Neutrals and other CPR Panels. He is also a member of the NFL’s Non-Injury Grievance Arbitration Panel.

Mr. Marks has developed and participated in workshops, training programs, and conferences on negotiation, legal decision-making and risk analysis, dispute resolution, mediation, litigation, and legal management.  Over the past 30 years, he has designed and filled a faculty role in over 100 workshops and other programs for corporations, government agencies, law firms, bar associations, and judicial conferences.  

Areas of Expertise:

Mr. Marks has concentrated on complex, large stakes disputes -- including those involving securities, antitrust and consumer class actions; commercial and government contracts; insurance and reinsurance coverage; construction; investments; officer and director liability; lawyer and accountant malpractice; environmental matters; patents and patent licenses, and product liability disputes. He co-mediated settlements of United States v. Microsoft and the Visa/MasterCard antitrust cases.


Manuel H. Newburger practices with the Austin office of Barron & Newburger, P.C. a law firm with offices in California, Colorado, New York, Texas.  He is also an adjunct professor at the University of Texas School of Law, where he has taught consumer protection law since 1999. A graduate of Trinity University and the University of Texas School of Law, Mr. Newburger is licensed to practice law in both Texas and Colorado, and he has been admitted to practice law before the United States Supreme Court, the United States Courts of Appeals for the Second, Third, Fifth, Seventh, Eighth, and Ninth Circuits, all four United States District Courts for the State of Texas, and the United States District Courts for the District of Colorado, the Northern District of Illinois, the Northern and Southern Districts of Indiana the Eastern and Western Districts of Michigan, the District of Nebraska, the Western District of Oklahoma, the Western District of Tennessee, and the Eastern and Western Districts of Wisconsin. He has been certified as a specialist in Consumer and Commercial law by the Texas Board of Legal Specialization and he has been recognized repeatedly as a Texas Super Lawyer.® He is also a Fellow of the American College of Consumer Financial Services Lawyers.

Mr. Newburger consults nationally and internationally on consumer law compliance and consumer litigation issues. He defends consumer and regulatory matters cases across the United States, and he provides compliance consulting and training to collection industry members in the United States, Canada, the Philippines, and India. He has represented collection industry organizations on amicus curiae briefs in cases before the United States Supreme Court and multiple federal appellate courts.

Mr. Newburger was the co-author of M. Newburger and B. Barron, Fair Debt Collection Practices: Federal and State Law and Regulation (Sheshunoff & Pratt).  He has also written chapters for books published by the State Bar of Texas, the National Consumer Law Center, and the National Association of Credit Management.


MARIA EARLEY has extensive experience with federal consumer financial laws and their implementing regulations. She is a former enforcement attorney at the Consumer Financial Protection Bureau (CFPB) with wide-ranging knowledge of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Debt Collections Practices Act, the Fair Credit Reporting Act and the Electronic Fund Transfer Act. Maria has handled numerous matters involving federal and state regulators, including the Office of the Comptroller of the Currency and several state Attorneys General.

During her tenure at the CFPB, Maria led a number of enforcement matters involving a variety of federal consumer financial laws and emerging legal theories regarding the scope and application of the CFPB’s Unfair, Deceptive and Abusive Acts and Practices authority. She also worked on several financial institution examinations, set enforcement priorities for mortgage origination matters and participated in the CFPB’s mortgage rulemaking process.

Prior to joining the CFPB, Maria was an associate at a national law firm, where she specialized in complex civil litigation, with particular emphasis on the defense of financial institutions in the consumer financial services industry.

Maria is a former law clerk to the Honorable Raymond Jackson of the U.S. District Court for the Eastern District of Virginia. She earned her J.D. from George Washington University Law School where she was an Editor of the George Washington University Law Review and she received her B.A. in Psychology from Northwestern University.


Michael G. Morgan represents clients in class actions, litigation and other matters involving cybersecurity, privacy, and protection of consumer and business data. He is co-leader of the Firm’s Privacy and Data Protection practice.

With more than 20 years’ experience in data security and privacy matters, Michael advises clients on cyber incident preparation, prevention and response; compliance with US and EU laws and regulations; completion of enterprise-wide cybersecurity assessments; and data security policies and best practices. He has particular experience in advising clients on large-scale data breaches, including those involving more than 50 million consumer records, both in the US and in dozens of countries around the world.

Michael is a seasoned trial lawyer who has first-chaired numerous jury and bench trials and has resolved scores of cases through mediation and other forms of Alternative Dispute Resolution. He has deep experience in the defense of consumer class actions and government investigations by the FTC, CFPB, FCC, and state attorneys general relating to data security and privacy. Before joining his prior firm, Michael was vice president and general counsel of Epic Cycle, a web app development company.

Michael is a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals (IAPP).

Core Capabilities

Regional Markets


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.


Richard McCune is a partner of McCuneWright, LLP, a consumer Plaintiff law firm located in Southern California.  Richard McCune and McCuneWright, LLP handle a variety of complex litigation matters, with special emphasis and experience in consumer class actions against financial institutions and automobile manufacturers.  Richard McCune is AV rated, and was one of the finalists for 2011 California Consumer Attorney of the Year.  He frequently lectures at attorney conferences, where he has made presentations on banking class actions, foreclosure class actions, and automobile product liability cases.  He has been featured on numerous news shows, including The Today Show and CNN, as well as he has been quoted and interviewed for wide ranging newspapers and magazines, including the Los Angeles Times, Forbes Magazine, and The Economist.

Richard McCune's experience in financial institution class action cases include serving as co-trial counsel in Gutierrez v. Wells Fargo Bank, N.A., in which Plaintiffs obtained a $203 million trial verdict in 2010 on behalf of 1.14 million California Wells Fargo Bank customers arising from the assessment of overdraft fees.  The verdict also led to an injunction and change of practice by Wells Fargo.  The case was the subject of a significant federal pre-emption ruling by the 9th Circuit, and the verdict has survived two appellate challenges.    The Gutierrez case spawned MDL #2036 – In Re: Checking Account Overdraft Litigation before Federal Court Judge James Lawrence King in the Southern District of Florida.  Richard McCune was significantly involved in a number of the bank cases within that MDL, which have collectively settled for a total of more than one billion dollars, including U.S. Bank, Bank of America, J.P. Morgan Chase, and Union Bank.  He has active consumer class action cases against Bank of America, TD Bank, and cases against a number of smaller banks and credit unions.


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

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

Representative Matters

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

Practice Group

Financial Services/Class Action Litigation

Education

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

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

Judicial Clerkship

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


Mr. Sinclair, a 1990 graduate of Yale Law School, has a deep understanding of both the legal and technical aspects cybersecurity and digital forensics.  He has assisted clients with privacy and information security issues for more than 12 years.  As a partner in the Boston office of Seyfarth Shaw LLP, he served as lead counsel on cases including Tyler v. Michaels Stores, the first ZIP code privacy class action in Massachusetts. He also served as national litigation counsel for a leading managed hosting and application outsourcing company, including the defense of multiple class action lawsuits regarding data center outages.  He regularly advised clients U.S. privacy and data security laws and assisted with the development of policies and compliance programs concerning privacy and cybersecurity.  Mr. Sinclair has particular expertise concerning insider threats and his cases often involved the protection of trade secrets and enforcement of non-compete agreements. 

In 2012, Mr. Sinclair left his law firm to become the Managing Director and Head of the Boston office of Stroz Friedberg LLC, a global cybersecurity and digital forensics firm.  This work involved providing strategic and technical guidance to companies and their legal counsel concerning data security, privacy issues and digital risk management.  He oversaw expert teams delivering cybersecurity risk consulting, digital forensic, data breach incident response and cybercrime investigation services in the context of litigation, compliance, internal investigations and business strategy. 

Currently, Mr. Sinclair is undertaking legal and cybersecurity related projects through Sinclair Consulting LLC.


Since joining the law firm of Nichols Kaster, PLLP in 2009, Anna P. Prakash has worked extensively on complex class and collective actions around the country, representing thousands of employees under the federal Fair Labor Standards Act and state employment laws, as well as consumers under the federal Fair Credit Reporting Act and state consumer protection laws. She has obtained multiple affirmative summary judgment victories for her clients and remains a dedicated and skilled advocate for those who have been victimized by the unfair and illegal practices of companies. Whether she is helping consumers stand up to big business or employees stand up to unscrupulous employers, Anna litigates with her clients’ interests and needs at the forefront and tirelessly fights for their rights. Prior to joining Nichols Kaster in 2009, Anna served as a civil rights attorney for the United States Department of Education in Washington, D.C., and monitored compliance with special education laws for the state of Minnesota.

Education

J.D. Cornell Law School, 2005
B.A. University of Michigan, 2002

Admissions

Minnesota Supreme Court
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court - Northern District of Florida
U.S. District Court – Eastern District of Michigan
U.S. District Court – District of Minnesota

Titles / Awards / Memberships

  • Named to the Rising Stars list, Minnesota Super Lawyers, Minneapolis/St. Paul Magazine, 2013-2014
  • American Association for Justice
  • Federal Bar Association
  • National Employment Lawyers Association - Minnesota Chapter Board Member
  • National Association of Consumer Advocates
  • American Bar Association
  • Minnesota State Bar Association - Consumer Litigation Section Member
Practice Areas

Plaintiffs’ Employment Litigation
Plaintiffs’ Consumer Litigation
Class & Collective Actions

Additional information and summary of selected results available online at: http://www.nka.com/lawyer/anna-p-prakash/


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


Daniel A. Edelman is a member of Edelman, Combs, Latturner & Goodwin, LLC, Chicago, Illinois.  He is a 1976 graduate of the University of Chicago Law School.  From 1976 to 1981 he was an associate at the Chicago office of Kirkland & Ellis.  In 1981-1985  he was an associate and then a partner at  Reuben & Proctor, a medium-sized firm formed by some former Kirkland & Ellis lawyers.  From the end of 1985 he has been in private practice in downtown Chicago.  Virtually all of his practice involves litigation on behalf of consumers, both class and individual actions.  He is the author of the chapters on the “Fair Debt Collection Practices Act,” “Truth in Lending Act,” and “Telephone Consumer Protection Act” in Illinois Causes of Action (Ill. Inst. For Cont. Legal Educ.  2014 and earlier editions), author of the chapter on the Telephone Consumer Protection Act in Federal Deception Law (National Consumer Law Center 2013 Supp.), author of  Collection Defense (Ill. Inst. Cont. Legal Educ. 2008, 2011, 2014); author of Chapter 6, “Predatory Lending and Potential Class Actions,” in Real Estate Litigation (Ill. Inst. For Cont. Legal Educ. 2004, 2008, 2013), co-author of Rosmarin & Edelman, Consumer Class Action Manual (2d-4th editions, National Consumer Law Center 1990, 1995 and 1999); and other publications.   Mr. Edelman is also a frequent speaker on consumer law topics for various legal organizations including the Chicago Bar Association, the National Consumer Law Center’s Consumer Rights Litigation Conference, and the Illinois Institute for Continuing Legal Education, and he has testified on behalf of consumers before the Federal Trade Commission and the Illinois legislature.  He is a member of the Illinois bar and admitted to practice in the following courts: United States Supreme Court, Seventh Circuit Court of Appeals, First Circuit Court of Appeals, Second Circuit Court of Appeals, Third Circuit Court of Appeals, Fifth Circuit Court of Appeals, Sixth Circuit Court of Appeals, Eighth Circuit Court of Appeals, Ninth Circuit Court of Appeals, Tenth Circuit Court of Appeals, Eleventh Circuit Court of Appeals, United States District Courts for the Northern and Southern Districts of Indiana, United States District Courts for the Northern, Central, and Southern Districts of Illinois, United States District Courts for the Eastern and Western Districts of Wisconsin, and the Supreme Court of Illinois.  He is a member of the Northern District of Illinois trial bar.


Dennis Cariello is a shareholder in the New York office of Hogan Marren, Ltd., where he co-leads the education practice group.  Previously, Mr. Cariello has served as Deputy General Counsel for Postsecondary and Regulatory Services in the U.S. Department of Education and also served as Acting Deputy Assistant Secretary for Enforcement in the Department’s Office for Civil Rights.  He is a graduate of the State University of New York at Stony Brook and received his law degree from Fordham University School of Law.


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.


Eileen M. Connor is a Senior Staff Attorney in the Special Litigation Unit at the New York Legal Assistance Group (NYLAG).  NYLAG, a non-profit law office, is a leading provider of civil legal services to low- and middle-income New Yorkers.  The Special Litigation Unit brings class-action and impact litigation under a broad mandate of pursuing economic justice on behalf of NYLAG clients.  As a member of SLU, Ms. Connor has focused on the impacts of student-loan debt on low-income individuals.  Her cases include Salazar v. Duncan, a proposed class-action under the Administrative Procedure Act on behalf of individuals who borrowed federal student loans to attend schools operated by the Wilfred American Educational Corporation, whose principals were indicted for federal student loan fraud, and Frica-Sanchez v. ASA College, a proposed class action under New York’s General Business Law § 349 and RICO, on behalf of individuals who attended ASA College.  Ms. Connor has represented the legal service committee in negotiated rulemaking before the United States Department of Education.  Prior to joining NYLAG, Ms. Connor was a John J. Gibbons Fellow in Public Interest and Constitutional Law, and a staff attorney at the Habeas Corpus Resource Center.  She received her J.D. from New York University School of Law, and her B.A. from Brown University.


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.


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


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


Stephanie Kahn serves as Chief of the Consumer Protection Division in the Massachusetts Attorney General’s Office. In her fifteen years with the Attorney General’s Office, Ms. Kahn has focused on bankruptcy, consumer protection, patient care receiverships, false claims, and mortgage and financial fraud litigation. Ms. Kahn has implemented the Attorney General’s ground-breaking initiatives concerning unlawful subprime lending, and illegal loan servicing and foreclosure practices, which have included enforcement actions against Fremont Investment & Loan, and the five largest loan servicing banks - Bank of America, Wells Fargo, JP Morgan Chase, Citi, and GMAC – as well as the National Mortgage Settlement.  Recently, her Division obtained a judgment against four of the servicing banks resolving their alleged unlawful foreclosure practices and secured a settlement with S&P resolving allegations that S&P misled investors concerning its rating methodology for certain 2011 commercial mortgage backed securities.  Prior to her appointment as CPD Chief in 2012, Ms. Kahn served for four years as Deputy Bureau Chief of the Public Protection and Advocacy Bureau, where she helped supervise seven Divisions, Antitrust, Civil Rights, Consumer Protection, Environmental Protection, Health Care, Insurance and Financial Services and Investigations. Before assuming the position of Deputy Bureau Chief, Ms. Kahn was an Assistant Attorney General in the Consumer Protection and Antitrust Division.  Ms. Kahn has been a presenter in both internal and external trainings on bankruptcy law, pre-judgment relief, and the Attorney General’s Consumer Protection Regulations.  Ms. Kahn was a bankruptcy and commercial litigator in the private sector for fifteen years before joining the Attorney General's Office.  She received her B.A. from the University of Massachusetts at Amherst and her J.D. from Boston University School of Law.


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.


One of The Nation’s Premier Consumer Protection Attorneys

As the chair of Lieff Cabraser’s consumer protection practice group for the past twelve years, Michael W. Sobol leads novel and challenging consumer protection class action lawsuits of first impression.  Within the last few years, Michael’s cases have recovered over one billion dollars and have reformed the business practices for the benefit of tens of millions consumers nationwide.   

For the past three consecutive years, Michael has been honored as a finalist for Consumer Attorney of the Year Award by the Consumer Attorneys of California.  In 2012, Michael was named as a finalist for Trial Lawyer of the Year by Public Justice.  Recognized as both a Super Lawyer and Best Lawyer, the Daily Journal selected Michael as a top 100 lawyers in California for 2012 and 2013.