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Wednesday, May 26, 2021

  • Regulatory Trends Track: The “New” Bureau: Deep Dive on What to Expect from the CFPB


    Speaker(s)

    Justin Wiseman, Associate Vice President & Managing Regulatory Counsel, Mortgage Bankers Association

    Brian Johnson, Partner, Alston & Bird, LLP

    Ori Lev, Partner, Mayer Brown LLP

    Richard Horn, Managing Member, Garris Horn LLC

    Michael Gordon, Partner, Bradley Arant Boult Cummings, LLP

    As the past few months have shown, the “New” Bureau has not been reluctant to alter course when deemed necessary by current leadership. Public statements and recent Bureau actions offer important clues as to the CFPB’s likely rulemaking, supervisory, and enforcement priorities for the coming years. Hear our panel of experts discuss these priorities and provide their thoughts on what the mortgage industry can expect from the “New” CFPB.

    Speaker(s)

    Justin Wiseman, Associate Vice President & Managing Regulatory Counsel, Mortgage Bankers Association

    Justin Wiseman is an Associate Vice President and Managing Regulatory Counsel in the Public Policy and Industry Relations department at the Mortgage Bankers Association. Justin manages MBA’s Regulatory Policy team that covers legal issues, trends in litigation, regulatory compliance matters, and servicing as well as provides strategic direction to advance MBA member priorities on regulatory and legal matters. This team also analyzes pending rules and legislation, provides comments on behalf of MBA members on pending rules or regulations and helps develops MBA’s posture towards innovation and innovation policy. Prior to this, he staffed MBA’s Loan Administration committee, providing policy development insights and working with stakeholders to advocate on behalf of the industry. Justin assisted the Department to formulate responses to policy initiatives and helps monitor relevant trends in the servicing market. Justin also worked at MBA as Associate Regulatory Counsel to analyze forthcoming legislation and administrative rule-making. Before joining MBA, Justin clerked for a federal District Court in the Middle District of Tennessee and worked with the Center for Strategic and International Studies on European and Transatlantic security issues.

    Brian Johnson, Partner, Alston & Bird, LLP

    Before joining the firm, Brian served as deputy director of the Consumer Financial Protection Bureau (CFPB), where he was responsible for policy development, strategic planning, and execution of the CFPB’s statutory supervision, examination, enforcement, rulemaking, and research activities. He conceived and led the creation of high-profile agency initiatives, including the Office of Innovation, Taskforce on Federal Consumer Financial Law, call for evidence RFI series, policy symposia series, and Start Small, Save Up emergency savings program. Brian held various positions on Capitol Hill, including policy director and chief financial institutions counsel on the House Committee on Financial Services.

    Ori Lev, Partner, Mayer Brown LLP

    Ori Lev is a financial services partner in Mayer Brown’s Washington, DC office. He concentrates his practice on representing financial institutions and other companies in government enforcement matters, internal investigations, and litigation, and providing regulatory advice and counsel on federal consumer financial law. Prior to entering private practice, Ori was a founding member of the Consumer Financial Protection Bureau, where he served as a deputy enforcement director for over four years. Ori is a graduate of the University of Michigan and the Yale Law School.

    Richard Horn, Managing Member, Garris Horn LLC

    Richard Horn is a former Senior Counsel & Special Advisor in the Consumer Financial Protection Bureau’s Office of Regulations and a former Senior Attorney at the FDIC.  Richard led the CFPB’s design of the TRID disclosures, as well as the qualitative and quantitative consumer testing of the disclosures. As a key architect of the TRID rulemaking, Richard is one of the foremost experts on the rule.  Richard represents companies dealing with the CFPB and other Federal and State regulators in supervisory and enforcement matters. Richard also advises companies regarding compliance with Federal and State consumer financial protection laws, including TRID, RESPA section 8, ATR/QM, Loan Originator Compensation, privacy, and other laws.  Given his experience at two federal regulatory agencies and the private sector, Richard has a unique perspective on dealing with regulatory agencies and policy matters.  Richard represents clients of all sizes, including large depository institutions, title insurance companies, real estate brokerages, and new start-up Fintech companies. 

    Michael Gordon, Partner, Bradley Arant Boult Cummings, LLP

    Michael Gordon is an accomplished consumer finance lawyer with more than 20 years of experience as a law firm partner, senior federal regulator, and fintech general counsel. Michael serves as co-chair of Bradley’s Fintech team, and his practice includes consumer finance and fintech, banking and bank partnerships, consumer and commercial credit, payments, regulatory strategy, risk management and corporate governance matters for a range of clients. Michael is a practical, business-focused lawyer with wide-ranging experience in private practice, government, and as a client. He has established a reputation for helping financial institutions and service providers anticipate and respond to a complex and ever-changing regulatory environment. Michael also has extensive experience representing corporations, institutions, and individuals in congressional investigations, executive branch and commission inquiries, regulatory proceedings, and related litigation. Michael has held senior positions in two Committees of the U.S. House of Representatives. He led investigations and hearings as Chief Investigative Counsel of the House Committee on Energy and Commerce, a committee with jurisdiction over health care, consumer protection, energy, food and drug safety, and communications. He also served as Senior Investigative Counsel on the Committee on Oversight and Reform, the principal oversight committee of the House, where he led investigations into the causes and effects of the financial crisis. Michael has also served as counselor to the General Counsel of the U.S. Department of the Treasury. Prior to joining Bradley, Michael served as general counsel and chief compliance officer for a fast-growing fintech and renewable energy company, where he oversaw legal, compliance, and regulatory functions. He is also the former chair of the Consumer Financial Protection Bureau (CFPB) Practice Group at a leading national firm, where he helped clients successfully navigate regulatory compliance issues, supervisory exams, and enforcement matters before the CFPB, other federal and state bank regulators, and the FTC. In that role, Michael advised banks, lenders (mortgage, student, auto, credit card, personal, and small business), loan servicers, debt buyers, credit bureaus, online lenders, fintech investors, and fintech firms on financial regulatory issues. Michael was on the start-up team that established the CFPB and served for five years in senior roles, including senior counselor to the director. He advised the director and senior agency officials on how best to utilize the CFPB’s authorities and whether to resolve significant matters through supervisory action or public enforcement.

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