About
Do you have the information and strategies you need to prevail against the latest wave of consumer finance actions?
It's been another intense year for those involved with consumer finance class actions. Pre-screening litigation is on everyone's minds, as it becomes clear that exposures in these cases could mount into the trillions and the number of cases filed continues to climb daily. And, of course, actions based on fair lending, late fees, and a myriad of other causes of action continue to be filed, with new twists – and new rulings – appearing all the time. It seems that as fast as consumer finance lenders respond to new risks and defend new causes of action, savvy plaintiff's lawyers develop new strategies for bringing successful actions against them.
To help you sort through the issues and develop the ever-more sophisticated yet practical strategies you need to protect yourselves, American Conference Institute has developed a publication from Consumer Finance Class Actions to provide you with the tools you need to avoid and manage these high-risk cases. In this collections of presentations from industry leaders you will get the latest information on:
- Strategies for minimizing the impact of recent class action decisions against consumer lenders
- Methods for thwarting class actions before they really have a chance to get started
- Techniques for winning at trial – and for successfully settling actions
- Lessons learned from recent cases and settlements across the country
Contents & Contributors
PRESCREENING LITITGATION UNDER THE FCRA
Michael J. Agoglia, Morrison & Foerster, LLP
FAIR LENDING RISK: TRENDS, CURRENT ISSUES AND THE NEW HMDA DATA
Carol Evans, Federal Reserve Board
AUTOMOBILE, PERSONAL PROPERTY AND UNSECURED LENDING CASES: MINIMIZING EXPOSURE AND DEPLOYING SUCCESSFUL DEFENSES
Benjamin B. Klubes, Skadden Arps Slate Meagher & Flom
ATTORNEY/CLIENT WAIVER CONSIDERATIONS FOR FDIC-INSURED INSTITUTIONS AND AFFILIATED COMPANIES
Joseph T. Lynyak, III, Buckley Kolar LLP
FEDERAL PREEMPTION: STATE V. FEDERAL REGULATION OF MORTGAGE LENDERS AND OTHERS
C. Vance Beck, Wachovia Corporation
FEDERAL PREEMPTION: STATE V. FEDERAL REGULATION OF MORTGAGE LENDERS AND OTHERS
Douglas Jordan, Office of the Comptroller of the Currency
FEDERAL PREEMPTION: STATE V. FEDERAL REGULATION OF MORTGAGE LENDERS AND OTHERS
Howard N. Cayne, Arnold & Porter LLP
Nancy L. Perkins, Arnold & Porter LLP
RECENT DEVELOPMENTS IN THE CALIFORNIA UCL POST-PROP 64
Jonathan P. Hayden, Heller Ehrman LLP
PAST AND CURRENT DEVELOPMENTS IN MISSISSIPPI AND MADISON COUNTY, ILLINOIS
Peter J. Brennan, Jenner & Block
THE CLASS ACTION FAIRNESS ACT: KEY ISSUES AND CONCERNS
H. Hunter Twiford, III, McGlinchey Stafford LLP
Raymond A. Chenault, McGlinchey Stafford LLP
Anthony Rollo, McGlinchey Stafford LLP
John T. Rouse, McGlinchey Stafford LLP
ENFORCEABILITY OF CLASS ACTION WAIVERS IN ARBITRATION AGREEMENTS
R. Bruce Allensworth, Kirkpatrick & Lockhart Nicholson LLP
William G. Potter, Kirkpatrick & Lockhart Nicholson LLP
PRE-TRIAL DEFENSE TACTICS IN PCRA/FACTA CLASS ACTIONS: NO IMPLIED RIGHT OF ACTION
Joel S. Feldman, Sidley Austin Brown & Wood LLP
Sarah H. Newman, Sidley Austin Brown & Wood LLP
AN OVERVIEW OF STRATEGIES AND UNIQUE ISSUES INVOLVING CONSUMER FINANCE CLASS ACTIONS
Bruce M. Jacobs, Spilman Thomas & Battle, PLLC
Angela L. Beblo, Spilman Thomas & Battle, PLLC
DIGEST OF RECENT CLASS ACTION DISCOVERY DECISIONS
Frank A. Hirsch, Jr., Nelson Mullins Riley & Scarborough
"LET'S MAKE A DEAL" – OR NOT – CONTINUING ISSUES AND CONCERNS REGARDING SECURING COURT APPROVAL OF CLASS SETTLEMENTS
Craig A. Varga, Varga Berger Ledsky Hayes & Casey
LITIGATION BANKRUPTCY-RELATED CONSUMER FINANCE CLASS ACTIONS
Philip Anker, Wilmer Cutler Pickering Hale & Dorr LLP