Schedule

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Schedule subject to change.

Note: Meeting rooms may change, so please refer to the on-site program for final locations.

PDF Agenda Editable Agenda

Sunday, April 29, 2018

  • LITIGATION FORUM: The Litigation Landscape

    Location: Platinum Ballroom DE - Livestream,
    Conference Center Level 2


    Speaker(s)

    Gary A. Deutsch, Managing Chief Counsel, Mortgage Litigation, PNC Bank, N.A

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

    Litigation Forum

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    Speaker(s)

    Gary A. Deutsch, Managing Chief Counsel, Mortgage Litigation, PNC Bank, N.A

    Gary A. Deutsch is Managing Chief Counsel - Mortgage Litigation for PNC Bank, N.A. Mr. Deutsch leads the litigation group supporting PNC Mortgage, the bank’s retail mortgage division that is one of the nation’s top mortgage lenders and servicers. Prior to joining PNC, Mr. Deutsch was assistant general counsel and chief litigation counsel for a large regional bank. In 2017, he was elected as a Fellow of the American College of Consumer Financial Services Lawyers.

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

    Andrew K. Stutzman is a Philadelphia trial lawyer who founded and chairs the Financial Services Litigation Practice at Stradley Ronon Stevens & Young. Mr. Stutzman is often invited to discuss finance litigation topics, and has been privileged to appear at events of the Federal Deposit Insurance Corporation, the Commonwealth of Pennsylvania, the Mortgage Bankers Association, the Risk Management Association, the National Constitution Center, A.S. Pratt & Sons, the American Conference Institute, Strafford Publications, the National Business Institute, Rossdale CLE, MyLawCLE, the Pennsylvania Bar Institute, and the American College of Mortgage Attorneys.

  • LITIGATION FORUM: TILA, RESPA

    Location: Platinum Ballroom DE - Livestream,
    Conference Center Level 2


    Speaker(s)

    Simon Fleischmann, Partner, Locke Lord LLP

    Stephen Fogdall, Partner, Schnader Harrison Segal & Lewis LLP

    Breakout Session,

    Litigation Forum

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    Speaker(s)

    Simon Fleischmann, Partner, Locke Lord LLP

    Simon Fleischmann is a partner in Locke Lord’s Litigation Department, a resident in the Chicago office, and Litigation Section Leader for the firm’s Consumer Finance Practice Group. He focuses his practice on the representation of banks and finance companies in class actions and other complex-litigation matters. He also manages a team of attorneys handling loan-level litigation across the country. Mr. Fleischmann has acted as sole or joint lead counsel in cases in California‚ Florida‚ Illinois‚ New York‚ and several other states. He has tried jury and non-jury cases‚ and argued several appeals‚ in federal and state courts. Most of the cases Mr. Fleischmann handles arise under the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Real Estate Settlement Procedures Act (RESPA)‚ Truth in Lending Act (TILA)‚ Equal Credit Opportunity Act (ECOA)‚ Fair Debt Collection Practices Act (FDCPA)‚ state unfair and deceptive acts and practices laws (UDAP)‚ other consumer lending statutes and regulations‚ bankruptcy laws‚ and the common law.

    Stephen Fogdall, Partner, Schnader Harrison Segal & Lewis LLP

    Stephen A. Fogdall is a partner in the Philadelphia office of Schnader Harrison Segal & Lewis LLP, and chair of Schnader’s Financial Services Litigation Practice Group. Mr. Fogdall maintains a diverse litigation practice, with a focus in financial services litigation and class action defense. Mr. Fogdall has counseled mortgage companies, banks, mortgage insurers and other institutions in handling consumer protection claims, securities fraud claims, business-to-business disputes, shareholder disputes, government investigations, and many other matters. In addition to his litigation practice, he serves as chair of the firm’s Pro Bono Committee.

  • LITIGATION FORUM: TCPA - The State of the Law Post-ACA and Reyes

    Location: Platinum Ballroom DE - Livestream,
    Conference Center Level 2


    Speaker(s)

    Eric Troutman, Partner, Womble Bond Dickinson (US) LLP

    Breakout Session,

    Litigation Forum

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    Speaker(s)

    Eric Troutman, Partner, Womble Bond Dickinson (US) LLP

    Eric is one of the country’s prominent class action defense attorneys and is nationally-recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 50 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis, and extraordinary responsiveness. Eric and his team feel equally at home litigating multi-billion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles—delivering consistently excellent results —while never losing sight of the client experience.

  • LITIGATION FORUM: TCPA - Litigation Best Practices from the Field

    Location: Platinum Ballroom DE - Livestream,
    Conference Center Level 2


    Speaker(s)

    Daniel J.T. McKenna, Partner, Ballard Spahr LLP

    Breakout Session,

    Litigation Forum

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    Speaker(s)

    Daniel J.T. McKenna, Partner, Ballard Spahr LLP

    Daniel JT McKenna devotes his practice to privacy and data security, consumer financial services,
    and mortgage banking litigation.  Dan's consumer financial services practice focuses on individual and class litigation and arbitration in mortgage, credit card, debt-collection, auto loan, and servicing matters. His clients include banks and nonbank lenders, mortgage lenders and servicers, third-party service providers, auto lenders, and repossession companies. Dan regularly represents clients in a variety of individual and class action matters, including claims brought under the Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Electronic Funds Transfer Act (EFTA), Home Ownership and Equity Protection Act (HOEPA), Equal Credit Opportunity Act (ECOA), Alternative Mortgage Transaction Parity Act (AMTPA), Uniform Commercial Code (UCC), and state Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) statutes. Dan has trial experience in both federal and state courts and significant experience with JAMS and AAA.

  • LITIGATION FORUM: PHH Case in Detail

    Location: Platinum Ballroom DE - Livestream,
    Conference Center Level 2


    Speaker(s)

    Michael Y. Kieval, Member, Weiner Brodsky Kider PC

    Breakout Session,

    Litigation Forum

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    Speaker(s)

    Michael Y. Kieval, Member, Weiner Brodsky Kider PC

    Michael Y. Kieval is a Partner at financial services boutique Weiner Brodsky Kider PC, in Washington, DC, and represents companies in the financial services and mortgage industries nationwide in state and federal litigation and government investigations, including CFPB examinations and enforcement actions. In addition to providing regulatory compliance advice to clients large and small, Michael’s practice includes general business and commercial litigation and defending consumer class actions, suits under state consumer protection statutes, and claims under federal statutes, including the False Claims Act, RESPA, TILA and the TCPA. Michael regularly speaks to industry audiences about mortgage regulations and compliance, the CFPB, and litigation trends. Michael is also co-author of the book Consumer Protection and Mortgage Regulation under Dodd-Frank, published by West.

  • LITIGATION FORUM: Legacy Loan Litigation Between Correspondent Lenders and Secondary Market Investors: 2018 and Beyond

    Location: Platinum Ballroom DE - Livestream,
    Conference Center Level 2


    Speaker(s)

    James W. Brody, Mortgage Banking Practice Group Chair, Johnston Thomas

    Breakout Session,

    Litigation Forum

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    Speaker(s)

    James W. Brody, Mortgage Banking Practice Group Chair, Johnston Thomas

    As the manager of the mortgage banking group, James Brody actively manages all the complex mortgage banking litigation, mitigation, and compliance matters for Johnston Thomas and its diverse clientele (e.g., national mortgage lenders, warehouse lenders, secondary market investors, loan servicing companies, Wall Street banking firms and insurers).  Mr. Brody has successfully resolved hundreds of mitigation and litigation cases that involve complex mortgage fraud schemes, as well as large-scale repurchase and/or make-whole disputes. Mr. Brody’s experience centers on those legal issues that arise during and through loan originations, loan purchase sales, loan securitizations, foreclosures, bankruptcy actions, and repurchase and indemnification claims.  Mr. Brody received his B.A. in International Relations from Drake University in 1997. He received his J.D., with a certified concentration in Advocacy, from the University of the Pacific, McGeorge School of Law in 2000. Mr. Brody also earned a Certificate of International Legal Studies in 1999. While in law school, Mr. Brody was a member of the McGeorge National Moot Court Team and participated in McGeorge’s Business Law Forum. He was a recipient of the American Jurisprudence Bancroft-Whitney Award and the Adrian and Annebel McGeorge Academic Achievement Scholarship.  Mr. Brody is licensed to practice law in California and has been admitted to practice in front of the United States District Courts for the Central, Eastern, Northern, and Southern Districts of California. In addition, Mr. Brody has served as lead litigation counsel for numerous mortgage banking and commercial related disputes venued in both state and federal courts, in a direct capacity or on a pro hac vice basis, in AZ, CA, FL, MD, MI, MN, MO, OR, NJ, NY, PA, TN, and TX.  Mr. Brody has made numerous media appearances and industry presentations regarding the prevention, detection, and resolution of mortgage fraud matters. Mr. Brody continues to be a featured speaker in the area of repurchase and make-whole claims, mortgage banking litigation, and regulatory compliance matters.

  • LITIGATION FORUM: Statute of Limitations / Acceleration Litigation Developments

    Location: Platinum Ballroom DE - Livestream


    Speaker(s)

    William P. Heller, Chair, Consumer Financial Services Practice Group, Akerman LLP

    Breakout Session,

    Litigation Forum

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    Speaker(s)

    William P. Heller, Chair, Consumer Financial Services Practice Group, Akerman LLP

    William Heller is Chair, Consumer Financial Services Practice Group at Akerman LLP.  Bill Heller founded and chairs Akerman's Consumer Financial Services Practice, a group of more than 100 lawyers—some former in-house and CFPB attorneys—with a platform for national litigation, federal and state examinations, investigation and enforcement support, as well as regulatory compliance in all 50 states. Bill has extensive experience defending lawsuits involving debt origination, servicing and investment. He is a seasoned jury trial and appellate lawyer. And, he regularly leads teams reviewing and implementing internal procedures, including foreclosure process reviews, sworn document and notice updates and enhancements. A recognized authority and frequent speaker on litigation and compliance issues relating to loan origination, servicing and foreclosure, Bill is ranked by Chambers USA, Benchmark Litigation, and Best Lawyers in America for financial services law. Bill also serves on Akerman's Board of Directors and governing Executive Committee.

  • LITIGATION FORUM: FDCPA and Servicing Litigation

    Location: Platinum Ballroom DE - Livestream,
    Conference Center Level 2


    Speaker(s)

    Michael Ferachi, Member, McGlinchey Stafford

    Breakout Session,

    Litigation Forum

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    Speaker(s)

    Michael Ferachi, Member, McGlinchey Stafford

    Michael Ferachi is a Member in McGlinchey Stafford’s Baton Rouge office. His primary emphasis is on commercial litigation, with a focus on consumer financial services litigation, class action litigation, general business litigation, and insurance defense litigation at both the trial and appellate level. He has litigated cases in a variety of federal district and appellate courts around the country. He has dealt with a number of federal statutes and regulations pertaining to consumer financial services litigation, such as FCRA, HOEPA, ECOA, Regulation Z, TILA, FDCPA, and FACT.

  • LITIGATION FORUM: Spokeo and Stacked Damages

    Location: Platinum Ballroom DE - Livestream,
    Conference Center Level 2


    Speaker(s)

    Christopher J. Schmidt, Managing Partner, Bryan Cave LLP

    Douglas Thompson, Managing Partner, Bryan Cave LLP

    Breakout Session,

    Litigation Forum

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    The U.S. Supreme Court recently denied a petition for writ of certiorari in Spokeo v. Robins, declining an opportunity to clarify its previous decision regarding the standard for determining what constitutes a “concrete harm” for purposes of Article III standing in class actions.  The lack of clarity has left federal district and appellate courts split over how to apply the “concreteness” standard when analyzing standing, particularly in the context of intangible injuries. The question that banks and non-bank lenders have is “what’s next?” and how to mitigate and defend risk in this area. This presentation will offer insights into those questions.

    Speaker(s)

    Christopher J. Schmidt, Managing Partner, Bryan Cave LLP

    Douglas Thompson is the Managing Partner of the Los Angeles office. In this role, he leads initiatives focused on strategic growth, client service, diversity and professional development. Immediately prior to this role, Mr. Thompson led the firm's Class and Derivative Actions Client Service Group from 2011 through 2016. In that role, he oversaw the class action and complex litigation practice involving more than 125 lawyers and coordinated strategic initiatives related to that practice.  Mr. Thompson represents financial services institutions and other businesses defending against putative consumer class action matters in federal and state courts across the country. Over the past five years, he has represented clients in more than 45 putative class actions. For financial institution clients, he has defended claims under federal consumer lending laws such as the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Fair Debt Collections Practices Act (FDCPA), and Equal Credit Opportunity Act (ECOA), as well as state unfair and deceptive acts or practices (UDAP) statutes. For other businesses, he has defended statutory claims arising from business operations as well as UDAP and unjust enrichment challenges. In connection with these matters, he has been admitted pro hac vice in numerous federal district courts.  Mr. Thompson has counseled clients with respect to regulatory and government agency investigations and other complex commercial disputes. He has represented clients both in defending and asserting unfair competition, breach of contract, and trade secret claims, as well as claims for alleged violations of representation and warranties.  In addition to representing financial services institutions, Mr. Thompson has had strategic responsibility for the defense of class actions asserting federal and state securities law claims, shareholder derivative actions, ERISA, and employment wage and hour claims. Throughout his career, he has handled more than 200 putative class actions.  Mr. Thompson has counseled clients in implementing quantitative risk assessment protocols, electronic discovery/ESI protocols, preferred litigation provider networks, and legal matter management technology. He is experienced in developing alternative pricing for litigation and has represented class action clients under such arrangements.  Prior to joining the firm, Mr. Thompson spent more than a decade leading litigation and overseeing related legal administration in corporate law departments. In this capacity, he managed a national financial services institution’s portfolios of consumer finance, employment, commercial, and securities litigation. Mr. Thompson’s extensive in-house experience enables him to focus litigation strategy and resources to address the issues most critical to institutional clients.

    Douglas Thompson, Managing Partner, Bryan Cave LLP

    Douglas Thompson is the Managing Partner of the Los Angeles office. In this role, he leads initiatives focused on strategic growth, client service, diversity and professional development. Immediately prior to this role, Mr. Thompson led the firm's Class and Derivative Actions Client Service Group from 2011 through 2016. In that role, he oversaw the class action and complex litigation practice involving more than 125 lawyers and coordinated strategic initiatives related to that practice.  Mr. Thompson represents financial services institutions and other businesses defending against putative consumer class action matters in federal and state courts across the country. Over the past five years, he has represented clients in more than 45 putative class actions. For financial institution clients, he has defended claims under federal consumer lending laws such as the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Fair Debt Collections Practices Act (FDCPA), and Equal Credit Opportunity Act (ECOA), as well as state unfair and deceptive acts or practices (UDAP) statutes. For other businesses, he has defended statutory claims arising from business operations as well as UDAP and unjust enrichment challenges. In connection with these matters, he has been admitted pro hac vice in numerous federal district courts.  Mr. Thompson has counseled clients with respect to regulatory and government agency investigations and other complex commercial disputes. He has represented clients both in defending and asserting unfair competition, breach of contract, and trade secret claims, as well as claims for alleged violations of representation and warranties.  In addition to representing financial services institutions, Mr. Thompson has had strategic responsibility for the defense of class actions asserting federal and state securities law claims, shareholder derivative actions, ERISA, and employment wage and hour claims. Throughout his career, he has handled more than 200 putative class actions.  Mr. Thompson has counseled clients in implementing quantitative risk assessment protocols, electronic discovery/ESI protocols, preferred litigation provider networks, and legal matter management technology. He is experienced in developing alternative pricing for litigation and has represented class action clients under such arrangements.  Prior to joining the firm, Mr. Thompson spent more than a decade leading litigation and overseeing related legal administration in corporate law departments. In this capacity, he managed a national financial services institution’s portfolios of consumer finance, employment, commercial, and securities litigation. Mr. Thompson’s extensive in-house experience enables him to focus litigation strategy and resources to address the issues most critical to institutional clients.