Day 1 - Monday, January 27, 2014

9:00
AAAAAAAAAAAAAA

Day 2 - Thursday, October 23, 2014

7:15
Registration and Continental Breakfast
8:00
Co-Chairs’ Welcome
8:05
The View from the Bench on Litigating ConsumerFinance Claims and Class Actions
9:40
Networking and Refreshment Break
9:50
CFPB Enhanced Oversight and HeightenedScrutiny of the Industry: Evaluating LessonsLearned from Recent Enforcement Actions,Preparing for Investigations and Examinationsand Looking Ahead to Rulemaking Updates
11:00
Effect of UDAAP Standards on the ConsumerFinance Litigation Landscape
11:45
Class Action and Mass Action Developments:New and Emerging Procedural Considerations;the Continuing Impact of Dukes and Its Progenyon Certification;…
12:45
Networking Luncheon for Speakers and Attendees
1:45
View from Federal and State Agencies on theLatest Regulatory, Supervision, Investigation andEnforcement Initiatives, Examination Procedures,and Attorneys General Lawsuits Against FinancialServices Companies
3:10
Consumer Arbitration Agreements/Clauses andClass Action Arbitration Waivers in the ConsumerContext: Treatment and Enforceability, CaliforniaNuances, CFPB Interest and Potential Crackdown,and More
3:50
Afternoon Break
4:00
Residential Mortgages: New Loan ModificationLitigation Risks Arising Out of CFPB’s MortgageServicing Rules…
5:10
The California Homeowner’s Bill of Rights:Assessing Its Current Impact on the Industry WithRegard to Class Actions, Judicial Foreclosure,Regulation X, Preemption, Dual Tracking andSingle Point of Contact
6:00
Conference Adjourns

Day 3 - Friday, October 24, 2014

7:30
Continental Breakfast
8:00
Part 1: In-House Insights: How Corporate Counselare Managing Consumer Finance Claims/ClassActions…
9:10
Part 2: In-House Insights: How Corporate Counselare Managing Consumer Finance Claims/ClassActions…
10:25
Morning Coffee Break
10:35
Debt Collection Liabilities and Credit ReportingLitigation and Enforcement Actions: EffectiveDefense Strategies for New and Emerging Claimsand Government Enforcement Actions ArisingFrom TCPA, FCRA, and FDCPA
11:25
Fair Lending: “Disparate Impact” Claims as Litigation and Enforcement Game Changers; Defending and Managing the Latest Predatory and Abusive Lending Claims Including Discriminatory Pricing/Steering…
12:15
Networking Luncheon for Speakers and Attendees
1:15
Auto Lending: CFPB Enhanced Scrutiny of Fair Lending Issues and Endorsement of Disparate Impact Theory, and the Latest Litigation Targets in the Auto Financing Industry Including Dealer “Participation”/“Markup” Claims and Discretionary…
2:10
Student Loans: Defending Against the Latest Claims,Including Those Involving Cohort Default Rates
2:50
Defending and Managing Claims Relating toOverdraft Fees, Credit, Debit and Prepaid Cards,Bank Add-On Services and Products, RetailBanking and Emerging Payment Models andEnhanced Government Scrutiny Over Payday Loansand Deposit Advance Loans
3:45
Conference Ends

Day 1 - Monday, January 27, 2014

9:00
AAAAAAAAAAAAAA

Day 2 - Thursday, October 23, 2014

7:15
Registration and Continental Breakfast
8:00
Co-Chairs’ Welcome

Speakers

Jennifer L. Gray

Greenberg Traurig, LLP

Hunter R. Eley

Doll Amir & Eley LLP

8:05
The View from the Bench on Litigating ConsumerFinance Claims and Class Actions

Speakers

Hon. Wiley J. Daniel

U.S. Dist. Ct., D. Colo.

Hon. Ruben Castillo
Chief Judge
U.S. Dist. Ct., N.D. Ill.

The Honorable David Hittner
District Court Judge
U.S. Dist. Ct., S.D. Tex.

Hon. George C. Steeh
District Judge
U.S. Dist. Ct., E.D. Mich.

Hon. Richard S. Schmidt

U.S. Bankr. Ct., S.D. Tex.

The Honorable Louisa S. Porter (Ret.)

U.S. Dist. Ct., S.D. Calif.

The Honorable Anthony Mohr
Judge
California Superior Court, Los Angeles County

Moderator

Gregory S. Korman

Katten Muchin Rosenman LLP

9:40
Networking and Refreshment Break
9:50
CFPB Enhanced Oversight and HeightenedScrutiny of the Industry: Evaluating LessonsLearned from Recent Enforcement Actions,Preparing for Investigations and Examinationsand Looking Ahead to Rulemaking Updates

Speakers

Maxwell Peltz
Senior Litigation Counsel
Consumer Financial Protection Bureau

T. Morgan Ward Jr.
Member
Stites & Harbison PLLC

David Stein
Member
Bricker & Eckler LLP

Frank Hirsch

Alston & Bird LLP

  • Assessing recent enforcement actions and investigations undertaken by the CFPB: Lessons learned; Trends in enforcement actions; Which market sectors are receiving enhanced scrutiny and why?
  • Anticipating the types of claims that the CFPB will be pursuing in the near-term
  • Which CFPB actions will lead to piggybacking private actions?
  • Preparing for and responding to CFPB investigations and examinations
  • Responding to CIDs (Civil Investigative Demands): Assessing the CID process
  • Where the CFPB is likely headed in the coming months: Trends in examinations and investigations; What to expect; How to prepare
  • Assessing coordination efforts between the CFPB and other federal and state agencies, including state AGs
  • Rulemaking updates
  • CFPB focus on third-party service providers
  • Impact of the CFPB’s consumer complaints database on consumer finance litigation: How have plaintiffs’ counsel responded?; How financial institutions can use the database to anticipate and prepare for the next wave of litigation and develop proactive compliance strategies to minimize risk
  • Assessing the CFPB’s adjudication procedures
  • Attorney-client privilege and the CFPB

11:00
Effect of UDAAP Standards on the ConsumerFinance Litigation Landscape

Speakers

Andrew K. Stutzman
Partner
Stradley Ronon Stevens & Young, LLP

Jennifer L. Gray

Greenberg Traurig, LLP

  • UDAP/UDAAP enforcement actions
  • The CFPB and UDAAP
  • What practices has the CFPB targeted?
  • Assessing the definition of ‘abusive’ practices: Potential pitfalls for financial institutions; What types of products or aspects of origination and servicing may be ‘abusive’?; Lessons learned from recent enforcement actions
  • Addressing potential UDAAP concerns
  • Minimizing exposure to UDAAP issues
  • How to deal with the overlap in State and Federal jurisdiction
  • Key state UDAP developments

11:45
Class Action and Mass Action Developments:New and Emerging Procedural Considerations;the Continuing Impact of Dukes and Its Progenyon Certification;…

Speakers

Rik Tozzi
Partner
Burr & Forman LLP

Simon Fleischmann

Locke Lord LLP

Richard E. Gottlieb

Manatt, Phelps & Phillips, LLP

  • Assessing the evolving landscape of class action law and their impact on consumer finance litigation
  • Federal jurisdiction in class actions and mass actions
  • Overview of recent noteworthy class action cases and settlements: Supreme Court’s new term; Cases being heard effecting the class action landscape
  • Class certification
    • Most successful approaches to obtaining and resisting class certification
    • What is required in order to obtain or defeat class certification?
    • How have defense counsel used Wal-Mart and Comcast?; how and to what extent are they succeeding? Failing
    • Assessing the evolving implications of Wal-Mart for class certifications
    • How are the lower courts applying Wal-Mart?
    • Defeating plaintiffs’ theories as to why Wal-Mart and its progeny should not apply to a particular case
    • Evaluating recent developments relating to Rule 23(b) class certifications
    • Using expert testimony and data to make a direct challenge to a class certification
  • Rule 68 offers of judgment
  • Offers of judgment and the ability to moot a class action by extending a class representative an offer of full relief: Genesis HealthCare v. Symczyk
  • New CAFA developments
  • Developments in removal: New developments relating to jurisdiction and removal under CAFA
  • Class settlement trends and update
  • What aspects of class settlements are courts focusing on?
    • Tailoring notice programs to current technology
    • What types of cases are likely to be settled now and in the near-term?
    • Innovative and effective settlement strategies
    • Strategic benefits of settling with a class representative
    • Impact that insurance can have on settlement strategies
    • Latest in consent judgments with covenants not to enforce
  • Intersection of regulatory, AG and private litigation and CAFA’s applicability to state attorney general suits

12:45
Networking Luncheon for Speakers and Attendees
1:45
View from Federal and State Agencies on theLatest Regulatory, Supervision, Investigation andEnforcement Initiatives, Examination Procedures,and Attorneys General Lawsuits Against FinancialServices Companies

Speakers

Coty Montag
Deputy Director of Litigation, Housing and Civil Enforcement Sections
NAACP Legal Defense and Educational Fund, Inc. (LDF)

David M. Louie
Partner
Kobayashi Sugita & Goda & Former Attorney General of Hawaii

Andrew Dougherty
Assistant Attorney General – Consumer Fraud Bureau
Office of the Illinois Attorney General

Karen J. Meyers

Attorney at Law, LLC (Former Director, Consumer Protection Division, Former Assistant Attorney General, Office of New Mexico Attorney General)

Christopher Barry Smith
First Assistant Attorney General
Massachusetts Office of the Attorney General

Moderator

Benjamin G. Diehl
Special Counsel
Stroock & Stroock & Lavan LLP

3:10
Consumer Arbitration Agreements/Clauses andClass Action Arbitration Waivers in the ConsumerContext: Treatment and Enforceability, CaliforniaNuances, CFPB Interest and Potential Crackdown,and More

Speakers

Matthew W.H. Wessler
Principal
Gupta Wessler, PLLC

Jeffrey D. Pilgrim

Pilgrim Christakis LLP

  • CFPB’s study of arbitration under Section 1028 of Dodd-Frank
  • CFPB’s interest in the use of arbitration agreements and clauses: potential crack down on arbitration clauses in consumer financial products?
  • Implications of AT&T Mobility v. Concepcion and American Express v. Italian Colors for consumer arbitration agreements and the potential impact of the CFPB’s arbitration study
  • Where are we on Arbitration Clauses?
  • The status of class action waivers and arbitration in the wake of Concepcion
  • The treatment of AT&T v. Concepcion by lower courts and emerging legal issues
  • How are the lower courts applying Concepcion?

3:50
Afternoon Break
4:00
Residential Mortgages: New Loan ModificationLitigation Risks Arising Out of CFPB’s MortgageServicing Rules…

Speakers

Bryan Greene
General Deputy Assistant Secretary of the Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development

Sunny S. Huo

Severson & Werson

Peter Obstler
Partner
Arnold & Porter LLP

  • Updates on recent actions and case law
  • Litigation challenges relating to mortgage origination
  • New developments relating to loss mitigation
  • Loan modifications and foreclosure
  • Defending against counterclaims arising from loan modifications and HAMP
  • Assessing the CFPB’s new mortgage servicing rules and the industry’s response
  • Litigation arising from the new servicing rules
  • Trends in mortgage servicing and related litigation
  • Factoring in RESPA mortgage servicing rules
  • Defending against claims arising from loan servicing
  • Managing and defending against claims arising from lender-placed insurance and option ARMs
  • Assessing the National Mortgage Settlement and its impact on the residential mortgage industry
  • National qualification and screening standards for all loan originators
  • Protecting Tenants at Foreclosure Act (PTFA): Will this act result in a private right of action for borrowers, allowing them to bring claims?
  • Best practices and lessons learned from prior foreclosure documentation errors
  • Auditing completed foreclosures and conducting foreclosure look-backs
  • Attorney fees and related foreclosure filings
  • New and emerging claims relating to standing in contested foreclosure cases
  • Handling borrower counterclaims in contested foreclosures
  • Responding to challenges to foreclosures in non-judicial foreclosure states
  • Preventing bankruptcy from becoming a tool used by borrowers to stall foreclosures
  • MERS litigation developments
  • Overcoming commonly raised defenses including TILA, fraud, and rescission claims: TILA 1641(f )(2) cases

5:10
The California Homeowner’s Bill of Rights:Assessing Its Current Impact on the Industry WithRegard to Class Actions, Judicial Foreclosure,Regulation X, Preemption, Dual Tracking andSingle Point of Contact

Speakers

John Calvagna
Partner
McGlinchey Stafford

E. Scott Palmer
Partner
Palmer, Lombardi & Donohue LLP

  • HBOR defenses and preemption issues
  • Are class actions authorized?
  • Whether statutes are preempted by federal laws regulating national banks and S&L associations
  • Combatting the increased litigation costs to lenders (which in turn increases burden on consumers)
  • Further delays in non-judicial foreclosure process
  • More judicial foreclosures?
  • Erosion of incentive for short sales
  • Regulation X
  • Dual tracking and single point of contact issues

6:00
Conference Adjourns

Day 3 - Friday, October 24, 2014

7:30
Continental Breakfast
8:00
Part 1: In-House Insights: How Corporate Counselare Managing Consumer Finance Claims/ClassActions…

Speakers

Michael L. Frost
Chief Legal Officer & General Counsel
CBE Companies, Inc.

Jon S. Hubbard

Troutman Sanders LLP

Michael B. Goldberg
Managing Partner, San Antonio Office
PIB Law

Tim Collins
General Counsel
Convergent Outsourcing, Inc.

9:10
Part 2: In-House Insights: How Corporate Counselare Managing Consumer Finance Claims/ClassActions…

Speakers

Kristina Maritczak
General Counsel, Chief Risk Officer
Maritczak Legal Group (MLG)

Karim Hatata
Senior Counsel
Ocwen Financial Corporation – US

Sarah Jahner Mahloch
Vice President and Deputy General Counsel
Planet Home Lending, LLC

Jim McMurray
Deputy General Counsel
Springleaf Finance Inc.

Katie Zugsay
Corporate Counsel
Southwest Credit

Sarah Stroebel
Senior Corporate Counsel
U.S. Bank Legal Department

Orly Z. Elson
Associate Counsel
Prospect Mortgage, LLC

Moderator for both panels

Hunter R. Eley

Doll Amir & Eley LLP

  • Assessing the chief concerns of corporate counsel
  • Considerations when selecting outside counsel
  • Perspectives on the trend of pairing down the number of law firms with which a company engages
  • How in-house counsel are working to enhance their relationships with outside counsel
  • In-house counsel expectations of outside counsel
  • Advising outside counsel on how to better support in-house counsel
  • How are their corporate law departments organized and what issues are unique to their companies?
  • In-house and outside counsel perspectives on best practices after receiving a letter threatening litigation
  • Strategies corporate counsel use to manage litigation
  • How does managing and defending a large-scale case or class action differ from managing and defending a smaller case?
  • Lessons learned from past litigation
  • Escalated complaints
  • How financial institutions are adapting to new and emerging regulations and case law
  • What do corporate counsel find to be the most challenging aspects of revamping compliance procedures and policies in the wake of Dodd-Frank?
  • Managing and responding to government enforcement actions, investigations, and demands
  • Top 5 concerns of in-house counsel now and in the near-term
  • Management of third-party relationships and vendor oversight
  • Assessing creative and effective ways for corporate counsel to manage the fees defense counsel charge for class action work
  • The rise of the alternative fee arrangement: is it succeeding or fizzling out?
  • Corporate counsel insights into innovative billing arrangements that law firms have implemented
  • How corporate counsel are responding to internal budgetary pressures
  • How capital requirements have impacted legal budgets
  • Internal and external cost-cutting
  • In-house staffing solutions for stretched legal departments

10:25
Morning Coffee Break
10:35
Debt Collection Liabilities and Credit ReportingLitigation and Enforcement Actions: EffectiveDefense Strategies for New and Emerging Claimsand Government Enforcement Actions ArisingFrom TCPA, FCRA, and FDCPA

Speakers

Troy G. Kubes
Vice President & Group Counsel
Equifax Legal Department

Ari M. Charlip
Member
Dickinson Wright, PLLC

  • Impact of CFPB rulemaking on debt collection litigation
  • Preparing for and managing actions taken by state attorneys general and federal and state regulatory agencies relating to debt collection practices
  • How debt collectors have adapted their internal compliance and auditing policies and procedures to minimize future litigation
  • Understanding and making use of statistics and data related to debt collection litigation
  • Strategies for calculating damages based on net worth
  • Assessing the risks associated with sales of debt by creditors: Pitfalls and risks of debt sale agreements
  • How clients are working with debt collectors to ensure proper oversight
  • Chain of title issues: Class actions alleging unlawful patterns or practices
  • Determining what constitutes a ‘predictive dialer’ for purposes of the TCPA
  • Trends in TCPA litigation: California a hotbed for TCPA litigation
  • Evolving issues relating to consent and revocation of consent under the TCPA: What constitutes consent and what is acceptable as revocation of consent?; Impact on liability
  • Defending against the new wave of TCPA claims and class actions: Illegal call recording, text messaging, robo-dialing, cell phone calls, fax blasts, and trade line litigation
  • Federal jurisdiction for TCPA claims
  • Ensuring compliance with the TCPA in the absence of regulatory guidance: Minimizing the risk of violations
  • Certification issues relating to TCPA class actions
  • Status of FCC position on an industry association’s petition requesting clarification of and revisions to rules governing the TCPA
  • Impact of recent actions taken by the CFPB and the FTC relating to the FCRA: Enforcement initiatives; How the CFPB and FTC are working together to enforce the FCRA
  • Emerging Trends in FCRA litigation
  • Best practices for defending against FCRA claims and class actions
  • Managing and defending against FCRA class actions arising from employee background screenings
  • Minimizing the risk of exposure to FCRA claims: Providing notice to avoid FCRA violations
  • State claims and FCRA preemption
  • Trends in FDCPA litigation and California Rosenthal Act Lawsuits Against Lenders/Servicers
  • Defending against the new wave of FDCPA claims
  • Minimizing the risk of exposure to FDCPA claims
  • Preparing for the FTC’s increased focus on potential FDCPA violations

11:25
Fair Lending: “Disparate Impact” Claims as Litigation and Enforcement Game Changers; Defending and Managing the Latest Predatory and Abusive Lending Claims Including Discriminatory Pricing/Steering…

Speakers

Lynde Selden
Senior Corporate Counsel, Corporate Office
Plaza Home Mortgage

Fred Rivera
Partner
Perkins Coie LLP

  • Assessing the status of ‘disparate impact’ in lending litigation and enforcement
  • The Evolving Definitions of “Fair Lending”
  • Recent Litigation Developments: allegations of discriminatory pricing or steering,
  • Fair lending settlement orders, themes and implications: Negotiating successful resolutions
  • Interplay Between UDAAP and Fair Lending
  • Fair Housing Act as the basis for disparate impact claims
  • DI claims in cases where lenders choose only QM safe harbor or QRM loans because of liability and financing imperatives (reputational, PR and monetary risk)
  • Assessing recent discrimination cases and actions, and defending against the latest claims alleging fair lending violations
  • How state and federal agencies are approaching fair lending issues
  • Preparing for enhanced scrutiny of fair lending issues by the CFPB
  • Evaluating and assessing recent and emerging CFPB enforcement actions

12:15
Networking Luncheon for Speakers and Attendees
1:15
Auto Lending: CFPB Enhanced Scrutiny of Fair Lending Issues and Endorsement of Disparate Impact Theory, and the Latest Litigation Targets in the Auto Financing Industry Including Dealer “Participation”/“Markup” Claims and Discretionary…

speakers

Paul D. Metrey
Chief Regulatory Counsel
National Automobile Dealers Association

James Milano
Member
Weiner Brodsky Kider PC

2:10
Student Loans: Defending Against the Latest Claims,Including Those Involving Cohort Default Rates

Speaker

Nicholas P. Mooney
Partner
Spilman Thomas & Battle, PLLC

  • The CFPB’s recent enforcement activity and expected civil litigation against student lenders: Analysis of the types of claims that have been made against mortgage lenders that are now morphing over into student lending
  • UDAAP authority
  • Private litigation claims
    • Student loan servicing
    • Collection activities of student loan servicers
    • Advertising and marketing practices
    • Fair-lending/disparate impact claims: cohort default rates; disparate impact theory and facially neutral school-based underwriting and pricing criteria

2:50
Defending and Managing Claims Relating toOverdraft Fees, Credit, Debit and Prepaid Cards,Bank Add-On Services and Products, RetailBanking and Emerging Payment Models andEnhanced Government Scrutiny Over Payday Loansand Deposit Advance Loans

Speakers

Sanjay Ibrahim
Partner
Parker Ibrahim & Berg LLC

David Permut
Partner
Goodwin Procter LLP

  • How have the recent developments in the mortgage industry impacted other consumer lending markets?: To what extent, if at all, will the processes and procedures used in the credit/ debit card industries adapt?
  • Credit card litigation arising from improper documentation
  • Preemption in credit card and other bank litigation
  • Developments in litigation surrounding the CARD Act and FACTA
  • Strategies for remedying credit card receipt litigation
  • Managing and defending against the new wave of debit card claims
  • Arbitration in the context of card litigation
  • Litigation arising from the Durbin Amendment and interchange fees
  • Defending against prepaid card claims relating to: Disclosures; fees; expiration dates
  • Assessing the increased regulatory interest in add-on services and products and the associated rise in class actions involving add-on services and products
  • Overdraft fees: Recent developments and the strategies being used in overdraft fee MDL; Potential CFPB initiatives
  • Claims arising from payment protection/debt cancellation programs and identify theft protection programs
  • ATM fee sticker cases
  • “Larger participant” supervisory efforts, including pending and future rulemaking
  • The Regulators’ interest in payday lenders
  • ‘Operation Choke Point’
  • The DOJ’s activity
  • CFPB’s positions
  • Reducing the risk of predatory lending
  • Possible negative effects of shutting out payday lenders

3:45
Conference Ends