Day 1 - Monday, July 16, 2018

7:30
Continental Breakfast & Registration
8:30
Co-Chairs’ Opening Remarks
8:45
The Business and Practice of Consumer Finance Class Actions: In-House Perspectives on Aligning Litigation Costs With Business Goals
10:00
Morning Coffee Break
10:15
A Survey of Federal Enforcement Actions Impacting the Consumer Financial Services Arena
11:15
Bridging the Federal Enforcement Gap: State Attorneys General Speak on Enforcement Actions Against Consumer Financial Services Companies
12:30
Networking Luncheon
1:45
The Tolling Effect: An Analysis of China Agritech, Inc. v. Resh
3:00
Afternoon Refreshment Break
3:15
The Telephone Consumer Protection Act (TCPA) Litigation Bubble: Evolving Technology, Record-Breaking Settlements and Uncertain Legal Precedent
4:15
The View from the Bench: Judicial Perspectives on The Consumer Finance Litigation Arena
5:30
Cocktail Reception Sponsored by:

Day 2 - Tuesday, July 17, 2018

7:00
Continental Breakfast
8:00
Co-Chairs’ Opening Remarks and Recap of Day One
8:15
The Fair Credit Reporting ACT (FCRA) and A Matter of Standing: Demonstrating the Degree of Harm Required to Certify a Class
9:15
The Battleground for Class Certification: Plaintiff and Defense Burdens, Commonality Requirements and Ascertainibility
10:15
Morning Coffee Break
10:30
The Evolving FinTech Landscape: The Impetus for the Next Eruption in the Consumer Finance Class Actions and Enforcement Arena?
11:30
Understanding the Role of the CFPB and the Death of Forced Arbitration
12:30
Networking Luncheon
1:30
The Borrower’s Perspective: Insights From the Plaintiffs’ Bar and Consumer Advocates
2:30
Afternoon Refreshment Break
3:30
Managing Cyber Liability Claims and Related Consumer Financial Class Action Litigation Post-Equifax
4:30
Main Conference Concludes

Post-Conference Workshops

Working Group On Protecting Confidential Information During Investigations: Keeping Confidences When The Regulators Come Knocking

Jul 18, 2018 9:00am – 12:00pm

Speakers

John C. Lynch
Partner
Troutman Sanders LLP (Virginia Beach, VA)

Renee Miller
Counsel
Ally Financial Inc. (Charlotte, NC)

Ethics Lab On Navigating The Grey Areas In Class Action Litigation: Considerations For Plaintiffs And Defense Counsel In Consumer Finance Litigation And Settlement Negotiations

Jul 18, 2018 1:00pm – 4:00pm

Speakers

Aphrodite Kokolis
Partner
Schiff Hardin LLP (Chicago, IL)

Megan R. Stumph-Turner
Attorney
Baker Sterchi Cowden & Rice LLP (Kansas City, MO)

Day 1 - Monday, July 16, 2018

7:30
Continental Breakfast & Registration
8:30
Co-Chairs’ Opening Remarks

Christy A. Ames
SVP, General Counsel
Republic Bank (Louisville, KY)

Sabrina Rose-Smith
Partner
Goodwin Procter LLP (Washington, DC)

Andrew K. Stutzman
Chair, Finance Services Litigation
Stradley Ronon Stevens & Young LLP (Philadelphia, PA)

8:45
The Business and Practice of Consumer Finance Class Actions: In-House Perspectives on Aligning Litigation Costs With Business Goals

Christy A. Ames
SVP, General Counsel
Republic Bank (Louisville, KY)

S. Michael Gray
Director and Senior Counsel
Discover Financial Services, Inc. (Riverwoods, IL)

Renee Miller
Counsel
Ally Financial Inc. (Charlotte, NC)

Alice S. Wang
General Counsel
National Creditors Connection, Inc. (Forest, CA)

Ben Yhim
Deputy General Counsel
OneMain Financial (Baltimore, MD)

Moderators:

Michael D. Ferachi
Member
McGlinchey Stafford PLLC (Baton Rouge, LA)

Brian A. Kahn
Partner
McGuireWoods LLP (Charlotte, NC)

Seasoned corporate counsel from across the country will discuss how they manage consumer finance claims and class actions and determine trial candidacy. These in-house attorneys will categorize the obstacles to resolving such complex challenges and also evaluate the economic considerations of this litigation. Points of discussion will include:

  • Examining how corporate counsel manages consumer finance claims and related class actions
  • Reviewing compliance challenges associated with enforcement actions and investigations
  • Selecting and working with outside counsel to enhance the client-attorney relationship
  • Achieving efficiencies with reduced budgets and smaller staffs

10:00
Morning Coffee Break
10:15
A Survey of Federal Enforcement Actions Impacting the Consumer Financial Services Arena

Keith K. Barnett
Partner
Troutman Sanders LLP

Leonard A. Bernstein
Partner
Reed Smith LLP (Philadelphia, PA)

Lucia Nale
Partner
Mayer Brown LLP (Chicago, IL)

Allison J. Schoenthal
Partner
Hogan Lovells LLP (New York, NY)

  • Overview of the latest federal enforcement actions in the consumer financial services industry
  • Reviewing the coordination among federal agencies relative to enforcement activity
  • Understanding how this coordination has been affected by the Trump Administration’s call for deregulation
  • Analyzing how the status of the CFPB rules concerning debt collection, overdraft practices and small business lending data collection are affecting investigations
  • Tracking the application of mortgage rules and amendments to TILA-RESPA and understanding how this fits into the scope of federal investigations
  • Assessing the use of UDAAP authority for abusive acts and practices
  • Studying the renewed focus on fraud and misrepresentation and privacy and date security
  • Exploring government inquiries concerning compliance with Dodd Frank

11:15
Bridging the Federal Enforcement Gap: State Attorneys General Speak on Enforcement Actions Against Consumer Financial Services Companies

Richard Hayes
Deputy Chief, Civil Division
United States Attorney’s Office Eastern District of New York (Brooklyn, NY)

Susan N. Ellis
Chief, Consumer Fraud Bureau
Office of the Illinois Attorney General (Chicago, IL)

Richard L. Bischoff
Assistant Attorney General Consumer Protection Division
Office of the Attorney General of Texas (El Paso, TX)

Samuel “Gene” Fishel
Senior Assistant Attorney General/ Chief Computer Crime Section
Office of the Attorney General of Virginia (Richmond, VA)

Thomas P. James
Senior Assistant Attorney General, Consumer Counsel, Consumer Fraud Bureau
Office of the Illinois Attorney General (Chicago, IL)

Moderator:

David K. Stein
Partner
Bricker & Eckler LLP (Columbus, OH)

  • Addressing the latest state enforcement efforts and assessing the current regulatory environment
  • Analyzing which states are seeking to fill the void left by decreased enforcement by the CFPB and other relevant agencies
  • Evaluating what the gap in policing of consumer financial markets means for in-house counsel
  • Assessing the impact of the multi-state action against Equifax on consumer finance companies
  • Highlighting areas of particular regulatory focus and concern, including the many characteristics (including objectives, strategy and remedies)
  • Distinguishing regulatory oversight, administrative proceedings and prosecutorial enforcement actions in the states from private lawsuits and class action litigation

12:30
Networking Luncheon
1:45
The Tolling Effect: An Analysis of China Agritech, Inc. v. Resh

Andrew J. Demko
Partner
Katten Muchin Rosenman LLP (Los Angeles, CA)

Jared Gerber
Partner
Cleary Gottlieb Steen & Hamilton LLP (New York, NY)

Ralph T. Wutscher
Managing Principal
Maurice Wutscher LLP (Chicago, IL)

John C. Lynch
Partner
Troutman Sanders LLP (Virginia Beach, VA)

  • Overview the Agritech and its impact on the consumer finance class actions industry
  • Assessing whether American Pipe tolling applies to toll subsequent class action claims v. tolling the individual claims of the putative members of an earlier class action
  • Examining whether newly named plaintiffs may borrow statute of limitations tolling from prior failed suits where they were unnamed class members
  • Determining whether a person who opts out can assert the activation of tolling in a subsequent action prior to the denial of certification
  • Understanding how the rule applies cross-jurisdictionally to subsequent actions in state and federal courts

3:00
Afternoon Refreshment Break
3:15
The Telephone Consumer Protection Act (TCPA) Litigation Bubble: Evolving Technology, Record-Breaking Settlements and Uncertain Legal Precedent

Michael J. Agoglia
Partner
Alston & Bird LLP (San Francisco, CA)

Brooks R. Brown
Partner
Goodwin Procter LLP (Washington, DC)

Gregg Stevens
Member
McGlinchey Stafford PLLC (Dallas, TX)

Chad R. Fuller
Partner
Troutman Sanders LLP (San Diego, CA)

Megan R. Stumph-Turner
Attorney
Baker Sterchi Cowden & Rice LLP (Kansas City, MO)

  • Assessing the recent influx of claims filed related to robodialers, telemarketing and text messaging claims
  • Update on the status of ACA International v. FCC and what it means for the consumer finance arena
  • Analyzing the indefinite future of the TCPA in the era of Trump
  • What is the future of the TCPA in the wake of the appointment of Ajit Pai
  • Understanding the potential for administrative and legislative reform
  • Pinpointing the TCPA’s applicability to text messaging and opt-out provisions
  • Recognizing how to respond to TCPA claims
  • Reviewing the wave of class action lawsuits asserting the consumer’s right to withdraw consent to receive text messages

4:15
The View from the Bench: Judicial Perspectives on The Consumer Finance Litigation Arena

The Honorable Ruben Castillo
Chief Judge
United States District Court, Northern District of Illinois (Chicago, IL)

The Honorable Alan S. Trust
United States Bankruptcy Court
Eastern District of New York (Central Islip, NY)

The Honorable Clifton Newman
Circuit Court of South Carolina
South Carolina Jud. Dept. (Kingstree, SC)

Moderator:

Stuart M. Richter
Partner
Katten Muchin Rosenman LLP (Los Angeles, CA)

Distinguished jurists with some of the liveliest litigation dockets in the country will examine decision-making practices employed by the judicial system and provide sage advice for both in-house attorneys and their outside counsel. These judges will identify the impediments to resolving such multifaceted contests and provide you with solutions to your most unyielding predicaments.

5:30
Cocktail Reception Sponsored by:

Day 2 - Tuesday, July 17, 2018

7:00
Continental Breakfast
8:00
Co-Chairs’ Opening Remarks and Recap of Day One
8:15
The Fair Credit Reporting ACT (FCRA) and A Matter of Standing: Demonstrating the Degree of Harm Required to Certify a Class

Jay Edelson
Founder and CEO
Edelson PC. (Chicago, IL)

Bryan A. Fratkin
Partner
McGuireWoods LLP (Richmond, VA)

Bryant T. Lamer
Partner
Spencer Fane LLP (Kansas City, MO)

Andrew Soukup
Partner
Covington & Burling LLP (Washington, DC)

  • Reviewing the Spokeo decision, the definition of Article III standing, and the implications of the decision for the consumer financial services industries
  • Examining when an alleged injury in fact is sufficient for Article III standing to bring claims under FCRA
  • Determining whether the claims asserted will survive a motion to dismiss under Rule 12(b)(1) due to lack of standing
  • Spotting the availability of individual and binding arbitration
  • Employing FCRA-specific class action defenses

9:15
The Battleground for Class Certification: Plaintiff and Defense Burdens, Commonality Requirements and Ascertainibility

Cameron Azari
Vice President
Epiq (Portland, OR)

Ben Barnow
Partner
Barnow and Associates, P.C. (Chicago, IL)

Katrina Carroll
Member
Lite DePalma Greenberg, LLC (Chicago, IL)

Aphrodite Kokolis
Partner
Schiff Hardin LLP (Chicago, IL)

Moderator

Simon A. Fleischmann
Partner
Locke Lord LLP (Chicago, IL)

  • Evaluating class certification appeals in the wake of Microsoft Corp. v. Baker
  • Identifying the standards for class certification
  • Revisiting ascertainbility in the wake of the Briseno decision
  • Considering the ongoing circuit split over whether Rule 23 contains a heightened ascertainibility requirement

10:15
Morning Coffee Break
10:30
The Evolving FinTech Landscape: The Impetus for the Next Eruption in the Consumer Finance Class Actions and Enforcement Arena?

Andrew K. Stutzman
Chair, Finance Services Litigation
Stradley Ronon Stevens & Young LLP (Philadelphia, PA)

Quyen Truong
Partner
Stroock & Stroock & Lavan LLP (Washington, DC)

Darren M. Welch
Counsel
Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)

  • Assessing which FinTech products and services will have the greatest impact on consumer financial services, banking, alternative lending and payments marketplaces
  • Identifying revolutionary ways of doing business, which are on the FinTech horizon for 2018 and beyond
  • Addressing the unique regulatory and compliance challenges facing companies that are new to the market and the potential impact for class action litigation
  • Understanding how these factors in the FinTech landscape may create the “perfect storm” for the next wave of class action and enforcement activity in the consumer financial services arena

11:30
Understanding the Role of the CFPB and the Death of Forced Arbitration

Michael J. Agoglia
Partner
Alston & Bird LLP (San Francisco, CA)

David M. Bizar
Partner
Seyfarth Shaw LLP (Boston, MA)

Richard M. Segal
Partner
Pillsbury Winthrop Shaw Pittman LLP (San Diego, CA)

  • Appraising the roll back of the rule that bans banks, credit issuers and other financial institutions from using forced arbitration clauses in account contracts
  • Reviewing the new rule which restricts a lender’s ability to profit from high-interest, short-term loans
  • Comparing the outcomes of cases resolved by arbitrators v. lawsuits seeking class-action status
  • Predicting the regulatory efforts under Mulvaney and Trump and the potential impact on the consumer financial services industry

12:30
Networking Luncheon
1:30
The Borrower’s Perspective: Insights From the Plaintiffs’ Bar and Consumer Advocates

Scott D. Samlin
Partner
Pepper Hamilton, LLP (New York, NY)

Mohammed O. Badwan
Head of Civil Litigation
Sulaiman Law Group

Nathan C. Volheim
Attorney
Sulaiman Law Group

Moderator

Amy Borlund
Partner
Doll Amir & Eley LLP

In this session, you will hear from leading plaintiffs’ attorneys and consumer advocates on claims and settlement trends, where cases are headed in the coming months, and how lenders and servicers can work with borrowers to minimize the need for litigation. You will obtain key insights into the types of actions plaintiffs’ counsel are focusing on now and how to prepare for and respond to new and innovative claims, as well as how consumer advocates view the current consumer finance landscape.

2:30
Afternoon Refreshment Break
3:30
Managing Cyber Liability Claims and Related Consumer Financial Class Action Litigation Post-Equifax

Brian J. Dusek
Assistant Vice President, Cyber Technical Underwriting
Zurich North America

Douglas H. Meal
Partner
Ropes & Gray LLP (Boston, MA)

  • Identifying the latest plaintiff’s theories and laws advanced in cyber liability findings in the context of a class setting
  • Using recent cases and class action claims to assess breaches and determining the value of resulting claims
  • Assessing class action trends following Spokeo and reviewing recent court decisions in the cyber arena
  • Analyzing data breach litigation involving statutes that cover privacy concerns including FDCPA and TCPA

4:30
Main Conference Concludes

Working Group On Protecting Confidential Information During Investigations: Keeping Confidences When The Regulators Come Knocking

Jul 18, 2018 9:00am – 12:00pm

John C. Lynch
Partner
Troutman Sanders LLP (Virginia Beach, VA)

Renee Miller
Counsel
Ally Financial Inc. (Charlotte, NC)

What is it about?

Join seasoned attorneys for a workshop focused on the very practical issue of how to ensure confidential information is protected when interacting with state or federal regulators during an investigation. At the workshop, we will:

  • Outline the common law principles and statutory provisions implicating confidentiality for companies interacting with regulators
  • Provide practical guidance on how to secure confidentiality agreements from regulators
  • Discuss key provisions that should be incorporated into any confidentiality agreement with a regulator
  • Walk through the steps to take to protect confidentiality in litigation with regulators

Ethics Lab On Navigating The Grey Areas In Class Action Litigation: Considerations For Plaintiffs And Defense Counsel In Consumer Finance Litigation And Settlement Negotiations

Jul 18, 2018 1:00pm – 4:00pm

Aphrodite Kokolis
Partner
Schiff Hardin LLP (Chicago, IL)

Megan R. Stumph-Turner
Attorney
Baker Sterchi Cowden & Rice LLP (Kansas City, MO)

What is it about?

In this session, attendees will gain a deeper understanding of ethical challenges related to litigation, government and regulatory compliance. Topics include:

  • Identifying permissible communications with class and putative class members
  • Examining how to avoid any appearance of improper conduct
  • Ethical considerations in cy pres settlement negotiations, e-discovery dilemmas and attorneys fees