Day 1 - Thursday, April 7, 2016

7:20
Registration and Continental Breakfast
8:00
Co-Chairs’ Opening Remarks
8:05
In-House Viewpoints: How Corporate Counsel Are Managing Consumer Finance Claims/Class Actions, Compliance Challenges, and Enforcement Actions and Examinations, Selecting and Working with Outside Counsel to Enhance the Client-Attorney Relationship, and
10:20
Morning Break
10:30
Front-Line Regulatory and Enforcement Insights by Key Governing Bodies in the Consumer Finance Industry: Federal and State Agencies and Attorneys General Speak on Recent Developments and How to Work with the Government to Prepare for Examinations and
12:15
Networking Luncheon for Speakers and Delegates
1:15
CFPB Rulemaking, Enforcement, CIDs, Examinations, Administrative Actions and Penalties and How to Adapt Your Practice as a Result: The Agency’s Position on Arbitration and Mandatory Arbitration Clauses, UDAAP and Abusive Practices, CFPB Complaint Data
2:15
Supreme Court Roundup – Campbell-Ewald, Tyson Foods, Spokeo and Beyond: Expert Insights on Each Case, Critical Nuances to Consider When Developing Your Consumer Finance Class Actions & Litigation Strategy, and
3:15
Afternoon Break
3:20
Class Actions: Emerging Theories of Liability; Latest on the Class Certification Requirement of Commonality; Ascertainability Arguments for and Against; Statistical Sampling; Getting Class Settlements Approved Despite Judicial Scrutiny;
4:25
Responding to and Evaluating New Claims Involving the Telephone Consumer Protection Act (TCPA) and Related State Law Claims: Practicing in the Face of Complex and Unclear Rules and Legislative Activity, the Latest Plaintiff Theories and
5:30
Residential Mortgage: Recent Litigation Regarding the Duty of Care Owed by Loan Servicers to Borrowers, Loan Modification Issues, Nevada and Florida HOA and Super Priority Liens, California Homeowner’s Bill of Rights, Mortgage Servicing Transfers,
6:00
Conference Adjourns to Day Two

Day 2 - Friday, April 8, 2016

7:30
Continental Breakfast
8:00
Views from the Bench: Judicial Perspectives on the Latest Plaintiff Theories, Emerging Defense Strategies, Bankruptcy and Foreclosure Litigation, Heightened Scrutiny of Banks and Non-Banks, Case Management, E-Discovery, and More
9:50
Morning Break
10:00
Fair Lending: The Latest Concerns by Enforcers and Regulators including CFPB; Novel Discriminatory, Predatory and Abusive Lending Claims; New Disparate Impact Litigation Nuances, and Beyond
11:05
FDCPA and the FCRA Enforcement Actions, Violations (CFPB v. Hanna), Litigation Trends, Background Screening Procedures and Violations of the FCRA, Proper Notices and Disclosures as a Debt Collector under the FDCPA, and Related Privacy Issues
12:10
New Business Models for Consumer Lending: Financial Technology Companies and Marketplace Lending as an Alternative to Traditional Banks
1:00
Conference Ends

Day 1 - Thursday, April 7, 2016

7:20
Registration and Continental Breakfast
8:00
Co-Chairs’ Opening Remarks

Terry C. Frank
Member
Kaufman & Canoles, P.C.

Hunter R. Eley

Doll Amir & Eley LLP

8:05
In-House Viewpoints: How Corporate Counsel Are Managing Consumer Finance Claims/Class Actions, Compliance Challenges, and Enforcement Actions and Examinations, Selecting and Working with Outside Counsel to Enhance the Client-Attorney Relationship, and

PANEL 1 | 8:05-9:10

Justin T. Bradley
Corporate Counsel, Litigation and Compliance
Shellpoint Mortgage Servicing

Eric T. Jorgensen
Senior Vice President and Associate General Counsel
PennyMac

Lance Wolf
Vice President and Deputy General Counsel, Litigation and Investigations
Freddie Mac

David A. Brooks
Senior Vice President and Associate General Counsel
Bank of America

Panel 1 Moderator:

Gregory S. Korman

Katten Muchin Rosenman LLP

PANEL 2 | 9:10-10:20

William S. Jue
Associate General Counsel
Harley-Davidson Financial Services, Inc.

Tim Collins
General Counsel
Convergent Outsourcing, Inc.

Lynde Selden
Senior Corporate Counsel, Corporate Office
Plaza Home Mortgage

Daniel Halvorsen
Senior Attorney
TransUnion LLC

Karim Hatata
Senior Counsel
Ocwen Financial Corporation – US

Jim Ciccone
Associate General Counsel
Bank of America

Panel 2 Moderator:

Hunter R. Eley

Doll Amir & Eley LLP

​Achieving Efficiencies with Reduced Budgets and Smaller Staffs

10:20
Morning Break
10:30
Front-Line Regulatory and Enforcement Insights by Key Governing Bodies in the Consumer Finance Industry: Federal and State Agencies and Attorneys General Speak on Recent Developments and How to Work with the Government to Prepare for Examinations and

Robert S. Niemi
Financial Services Regulatory & Compliance Senior Advisor
BakerHostetler

Jedd Bellman
Assistant Commissioner
Office of the Commissioner of Financial Regulation, Maryland Department of Labor, Licensing & Regulation

Tom James
Senior Assistant Attorney General Consumer Counsel – Consumer Fraud Bureau
Office of the Illinois Attorney General

Paul Isaac
Assistant Attorney General, Consumer Fraud Bureau
Office of the Illinois Attorney General

R. Stephen Stigall
Attorney-in-Charge, Camden Branch Office
United States Attorney’s Office, District of New Jersey

Richard Hayes
Deputy Chief, Civil Division
U.S. Attorney’s Office, Eastern District of New York

Gerard Sexton
Assistant Director, Enforcement & Compliance Division
Office of the Comptroller of the Currency

Jennifer Song
Attorney Advisor
Office of AG Kamala D. Harris, California Department of Justice

Moderator:

Donna L. Wilson

Manatt, Phelps & Phillips LLP

  • Assessing the types of investigations and actions that are being brought against financial institutions
  • What are the biggest areas of concern for federal agencies and state attorneys general right now?
  • Pitfalls to avoid when working with federal agencies and state attorneys general
  • What to expect during an examination
  • Regulatory enforcement and examination perspectives on:
    • TCPA, FDCPA, and FCRA hot spots
    • Trends in mortgage servicing and related litigation
    • Student loans and Auto loans
  • How will the CFPB, the FTC, and other federal agencies coordinate investigations, enforcement actions, and settlements with state agencies and attorneys general?
  • The impact of eased preemption under Dodd-Frank and where financial institutions can expect changes
  • Effectively responding to investigations
    • What to do in the first days, weeks, and months
    • Regulators’ pet peeves
    • Reaching consent settlements with regulators

​Supervision in a Multi-Agency Environment

12:15
Networking Luncheon for Speakers and Delegates
1:15
CFPB Rulemaking, Enforcement, CIDs, Examinations, Administrative Actions and Penalties and How to Adapt Your Practice as a Result: The Agency’s Position on Arbitration and Mandatory Arbitration Clauses, UDAAP and Abusive Practices, CFPB Complaint Data

T. Morgan Ward Jr.
Member
Stites & Harbison PLLC

Murray Silverstein
Shareholder
Greenberg Traurig LLP

Ken Markison
Vice President & Regulatory Counsel
Mortgage Bankers Association

  • Lessons learned from recent CFPB enforcement actions and emerging enforcement and investigation trends
    • Which market sectors are receiving enhanced scrutiny and why?
    • Potential for follow-on class actions
  • Assessing the CFPB’s position on arbitration and what it means for the industry
    • Possible implementation of an outright ban on mandatory arbitration clauses
  • Preparing for and responding to CFPB investigations and examinations
  • Responding to CIDs (Civil Investigative Demands)
  • Assessing coordination efforts between the CFPB and other federal and state agencies, including state AGs
  • Rulemaking updates
  • Trends in the CFPB’s use of UDAAP claims as a broad enforcement tool and lessons learned from recent enforcement actions
  • Assessing the definition of ‘abusive’ practices
    • Potential pitfalls for financial institutions
    • What types of products or aspects of origination and servicing may be ‘abusive’?
  • CFPB scrutiny of nonbank ‘larger participants’
  • Impact of the CFPB’s consumer complaints database

and More

2:15
Supreme Court Roundup – Campbell-Ewald, Tyson Foods, Spokeo and Beyond: Expert Insights on Each Case, Critical Nuances to Consider When Developing Your Consumer Finance Class Actions & Litigation Strategy, and

Drew H. Campbell
Partner
Bricker & Eckler LLP

Michael G. Morgan
Of Counsel
Jones Day

Stuart B. Wolfe
Partner
Wolfe & Wyman LLP

Marcel C. Duhamel

Vorys, Sater, Seymour and Pease LLP

  • Status of the three cases before the Supreme Court
  • Campbell-Ewald case implications
    • TCPA case involving Rule 68 Offers of Judgement
    • Issue: whether a plaintiff lacks standing to assert a claim after he receives an offer of judgment providing him with complete relief; and whether the answer to the first question is any different when the plaintiff has asserted a class claim under Rule 23, but receives an offer of complete relief before any class is certified.
  • Spokeo case implications
    • Issue: whether a consumer has “standing” to assert a cause of action for statutory damages without having suffered actual damage
  • Tyson case implications
    • Class certification standards
    • Issue: whether differences among individual class members may be ignored, and a class certified, when plaintiffs use statistical techniques that presume that all class members are identical; and whether a class may be certified that contains hundreds of members who were not injured and have no legal right to damages.
  • How the outcome of these three cases will impact class action litigation going forward

​Points to Drive Home to Your Clients/Business Leaders

3:15
Afternoon Break
3:20
Class Actions: Emerging Theories of Liability; Latest on the Class Certification Requirement of Commonality; Ascertainability Arguments for and Against; Statistical Sampling; Getting Class Settlements Approved Despite Judicial Scrutiny;

Joseph J. Siprut

Siprut PC

Robert C. Gilbert

Kopelowitz Ostrow Ferguson Weiselberg Gilbert

Martha S. Sullivan
Partner
Squire Patton Boggs (US) LLP

Simon Fleischmann

Locke Lord LLP

  • Assessing the evolving landscape of class litigation
  • What is now required in order to obtain or defeat class certification?
    • Who has the burden of proof regarding class certification?
  • Issues relating to the ascertainability of class and class members
  • Evaluating recent developments relating to Rule 23(b) class certifications
  • Using expert testimony and data at class certification stage
  • Assessing the latest theories of liability and emerging defense strategies
  • New developments/strategies relating to jurisdiction and removal under CAFA
  • Recent decisions relating to CAFA
  • The status of class action waivers and arbitration
  • Settlement trends – what types of cases are likely to be settled now and in the near-term?
  • Strategic benefits of settling with a class representative
  • New hurdles in obtaining class settlement approvals
  • Strategies for consumer finance class actions in unfavorable jurisdictions
    • Working with outside counsel to ensure a satisfactory settlement
  • Managing and defending multiple cases simultaneously (individual claims, class actions, and regulatory and enforcement actions

and Other CAFA and Procedural Nuances

4:25
Responding to and Evaluating New Claims Involving the Telephone Consumer Protection Act (TCPA) and Related State Law Claims: Practicing in the Face of Complex and Unclear Rules and Legislative Activity, the Latest Plaintiff Theories and

Eric Troutman
Partner
Dorsey & Whitney LLP

Chad R. Fuller
Partner
Troutman Sanders LLP

Joseph J. Siprut

Siprut PC

David J. Kaminski Esq.
Partner
Carlson & Messer LLP

  • Compliance concerns, enforcement trends
  • Emerging trends and developments in TCPA litigation
    • Key cases
    • Offers of judgment in the TCPA class action context
    • Lessons learned
  • Settlement trends
  • Evolving issues relating to consent and revocation of consent under the TCPA
    • Impact on liability
  • The latest on the definition of automated telephone dialing system (ATDS)
  • Defense strategies for combatting the new wave of TCPA claims and class actions
    • Assessing the latest plaintiff strategies
  • Certification issues relating to TCPA class actions
  • Overcoming TCPA challenges and limiting TCPA exposure in the face of complex and unclear rules
  • How technology can be used to minimize your exposure to TCPA claims
  • Practical guidance for what lies ahead

​Emerging Defense Strategies, Settlement Trends and More

5:30
Residential Mortgage: Recent Litigation Regarding the Duty of Care Owed by Loan Servicers to Borrowers, Loan Modification Issues, Nevada and Florida HOA and Super Priority Liens, California Homeowner’s Bill of Rights, Mortgage Servicing Transfers,

Terry C. Frank
Member
Kaufman & Canoles, P.C.

David D. Piper
Shareholder
Keesal, Young & Logan

W. Clark Goodman
Partner
Womble Carlyle Sandridge & Rice, LLP

  • California Homeowner Bill of Rights
    • Litigation trends
      Reviewing the Monterrosa case
    • At what stage of the litigation can legal fees be recovered?
  • Duty of care owed to borrower by loan servicers
    • Analysis of Alvarez v. BAC
      Duty of care owed once the loan modification phase begins
    • TILA/RESPA (TRID) integrated disclosure rule: implementation fallout
  • HMDA final rule fall 2015
    • Modifications to present additional compliance challenges for lenders
  • Updates on recent enforcement actions and case law
  • Non-bank mortgage servicing litigation and enforcement actions
  • Litigation relating to transfers of mortgage servicing rights
  • Lender-placed insurance litigation
  • Recent activity under RESPA
    • Evaluation the PHH case
  • New developments relating to loss mitigation
  • Nevada HOA foreclosure ruling and its impact
  • Foreclosures: statute of limitations, attorneys fees, auditing issues, loan modification, challenges to foreclosures, and counterclaims
  • Overcoming commonly raised defenses including TILA, SCRA, fraud, and rescission claims
  • Preventing bankruptcy from becoming a tool used by borrowers to stall foreclosures
  • Mortgage servicing transfers
    • Determining whether prior service records fit hearsay exception for business records
    • Mortgage servicing transfers during foreclosure
  • Negligence claims in wrongful foreclosure cases

​Implementation of TRID, New Data Collection Rules and Modifications to HMDA Regulations

6:00
Conference Adjourns to Day Two

Day 2 - Friday, April 8, 2016

7:30
Continental Breakfast
8:00
Views from the Bench: Judicial Perspectives on the Latest Plaintiff Theories, Emerging Defense Strategies, Bankruptcy and Foreclosure Litigation, Heightened Scrutiny of Banks and Non-Banks, Case Management, E-Discovery, and More

Hon. Richard A. Kramer (ret.)
Superior Court Judge
JAMS

Hon. Annette M. Rizzo (ret.)

Phila. Ct. Common Pleas

Hon. Anthony J. Mohr
Judge
Los Angeles Superior Court

Hon. Dennis Graham

Colorado. Ct. App.

Hon. Michael B. Kaplan

U.S. Bankr. Ct., D.N.J.

Hon. Matthew F. Kennelly
District Judge
U.S. Dist. Ct., N.D. Ill.

Hon. Fernando J. Gaitan Jr.
District Court Judge
U.S. Dist. Ct., W.D. Mo.

Hon. Wiley J. Daniel

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

Moderator:

Jeffrey D. Pilgrim

Pilgrim Christakis LLP

  • Judicial insights into the procedural aspects of a class action
  • Judicial perspectives on settlements in consumer finance cases
  • Judicial perspectives on foreclosure documentation and documentation errors in other consumer finance litigation
  • Novel approaches to trial and case management
    • Pre-trial procedures
  • Judicial perspectives on e-discovery
  • Foreclosure litigation standards in bankruptcy court
  • How bankruptcy courts are dealing with MERS and questions of loan ownership
  • Judicial practices for bankruptcies when the borrower is in a multiple default situation
  • Common asset valuation issues that arise in bankruptcy litigation
  • Best practices for post-judgment collection, finding and attaching assets, and wage garnishment
  • Stay relief and avoiding stay violations

9:50
Morning Break

Moderator:

Jeffrey D. Pilgrim

Pilgrim Christakis LLP

  • Judicial insights into the procedural aspects of a class action
  • Judicial perspectives on settlements in consumer finance cases
  • Judicial perspectives on foreclosure documentation and documentation errors in other consumer finance litigation
  • Novel approaches to trial and case management
    • Pre-trial procedures
  • Judicial perspectives on e-discovery
  • Foreclosure litigation standards in bankruptcy court
  • How bankruptcy courts are dealing with MERS and questions of loan ownership
  • Judicial practices for bankruptcies when the borrower is in a multiple default situation
  • Common asset valuation issues that arise in bankruptcy litigation
  • Best practices for post-judgment collection, finding and attaching assets, and wage garnishment
  • Stay relief and avoiding stay violations

10:00
Fair Lending: The Latest Concerns by Enforcers and Regulators including CFPB; Novel Discriminatory, Predatory and Abusive Lending Claims; New Disparate Impact Litigation Nuances, and Beyond

Robert N. Driscoll
Member
McGlinchey Stafford

Todd A. Boock

Blank Rome LLP

Steven A. Ellis
Partner
Goodwin Procter LLP

  • Assessing recent cases and actions
  • How state and federal agencies are approaching fair lending issues
  • Enhanced scrutiny of fair lending issues by the CFPB
    • Evaluating and assessing recent and emerging CFPB enforcement actions
  • Assessing the status of ‘disparate impact’ in lending litigation and enforcement
  • Landmark Supreme Court case law affirming the use of the “Disparate Impact” theory in fair lending
    • Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.
    • How will this decision directly affect the fair lending litigation landscape?
  • Defending against the latest claims alleging fair lending violations
    • Data analysis
  • Statistical modeling of decision making/disparate impact analyses
  • Maintaining privilege
  • Negotiating successful resolutions
  • Settlement considerations and strategies

11:05
FDCPA and the FCRA Enforcement Actions, Violations (CFPB v. Hanna), Litigation Trends, Background Screening Procedures and Violations of the FCRA, Proper Notices and Disclosures as a Debt Collector under the FDCPA, and Related Privacy Issues

Marc F. Kirkland
Partner
Strasburger & Price LLP

Bryan A. Fratkin

McGuireWoods LLP

Michael R. Pfeifer
Managing Partner
Pfeifer & de la Mora, LLP

  • Trends in FDCPA litigation
  • New and innovative FDCPA claims from the plaintiffs’ bar
    – and how to defend against them
  • Minimizing the risk of exposure to FDCPA claims
    • Implementing proper notices and disclosures to avoid violations of the FDCPA as a debt collector
  • FDCPA violations
    • CFPB v. Hanna
  • 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
  • Understanding and making use of statistics and data related to debt collection litigation
  • How clients are working with debt collectors to ensure proper oversight
  • Chain of title issues
    • Class actions alleging unlawful patterns or practices
  • Impact of the Supreme Court’s decision as to whether a plaintiff asserting a claim under a statute providing for statutory damages (specifically, the FCRA) has standing to bring the case when the plaintiff has suffered no damages
    • Impact on consumer finance statutes beyond the FCRA
  • Impact of CFPB and FTC actions relating to the FCRA
  • Trends in FCRA litigation
  • Best practices for defending against FCRA claims and class actions
  • Minimizing the risk of exposure to FCRA claims
    • Providing notice to avoid FCRA violations
  • State claims and FCRA preemption
  • Related privacy issues with the FCRA
  • Implementing the proper background screening procedures to avoid violating the FCRA

12:10
New Business Models for Consumer Lending: Financial Technology Companies and Marketplace Lending as an Alternative to Traditional Banks

James Milano
Member
Weiner Brodsky Kider PC

  • How fintech companies are leveraging technology to attract and retain customers
  • Determining whether fintech companies pose a credible threat to traditional banks
  • Using data mining
  • Using social media
  • Compliance risks associated with fintech companies
  • Impact of marketplace lending in the industry

1:00
Conference Ends