Day 1 - Monday, July 24, 2017

7:45
Registration and Continental Breakfast
8:45
Co-Chairs Opening Remarks
9:00
In-House Roundtable: How Corporate Counsel Are Dealing with Consumer Finance Class Action & Litigation, Costs, Legal Spend, Compliance Cost, and Retaining Outside Counsel – PANEL 1
10:10
Break
10:20
In-House Roundtable: How Corporate Counsel Are Dealing with Consumer Finance Class Action & Litigation, Costs, Legal Spend, Compliance Cost, and Retaining Outside Counsel -PANEL 2
11:30
Regulatory Enforcement and Examination Roundtable: The View from Federal and State Agencies and Attorneys General on New and Emerging Initiatives, Enforcement Actions, Examination Procedures, and Investigations
1:00
Networking Lunch for Speakers and Attendees
2:00
Examining the Large Uptick in Fair Credit Reporting Act (FCRA) Cases, Correlation Between Bankruptcy Filings, and Inaccuracies with Consumers’ Credit Reports
2:50
The Telephone Consumer Protection Act (TCPA): Text Messaging Violating TCPA, FCC Order on TCPA, and Recent Court Opinions
3:40
Afternoon Break
3:55
FDCPA: Compliance Challenges, Litigation Trends, and Innovative Claims
4:40
Residential Mortgage Servicing Issues (Proper Disclosures, Charging Fees, Disclosing Fees), Foreclosure Challenges, and Origination Nuances
5:30
Conference Adjourns to Day 2 Cocktail Reception Hosted by Katten

Day 2 - Tuesday, July 25, 2017

8:00
Continental Breakfast
8:45
Chair’s Welcome and Recap of Day 1
9:00
Views from the Bench
9:50
Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Consideration Including Ascertainability of Class and Class Members, Offers in Judgment, and More
10:40
Morning Break
10:55
Payday Loans, Small Dollar Lending, and Litigation and Enforcement Trends Related toCompanies Offering Advancements on Settlement Payouts to Consumers
11:30
Future of CFPB Decisions With New Administration, Fallout from the PHH Case, Arbitration Clauses, and Issues Stemming from Self Reporting and Voluntary Investigation
12:10
Privacy and Security Issues Related in the Finance Industry Including Examining the Emerging Trend with Biometrics, NY’s Cybersecurity Regulation, and Data Breaches
12:40
Spotlight on Securitized Trusts in Residential Mortgages and Homeowner Bill of Rights (NV and CA)
1:30
Conference Ends

Day 1 - Monday, July 24, 2017

7:45
Registration and Continental Breakfast
8:45
Co-Chairs Opening Remarks

Hunter R. Eley
Managing Partner
Doll Amir & Eley LLP

Sabrina M. Rose-Smith
Partner
Goodwin Procter LLP

9:00
In-House Roundtable: How Corporate Counsel Are Dealing with Consumer Finance Class Action & Litigation, Costs, Legal Spend, Compliance Cost, and Retaining Outside Counsel – PANEL 1

PANEL 1

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

Jeffrey Bergida
Chief Compliance Officer & Senior Counsel
Planet Financial Group, LLC and Subsidiaries

S. Michael Gray
Director and Senior Counsel
Discover Financial Services

Amanda Carter
Counsel
Wells Fargo Home Mortgage

Moderator for Panel 1

Robert T. Mowrey
Partner
Locke Lord LLP

10:10
Break
10:20
In-House Roundtable: How Corporate Counsel Are Dealing with Consumer Finance Class Action & Litigation, Costs, Legal Spend, Compliance Cost, and Retaining Outside Counsel -PANEL 2

PANEL 2

Brian Blake, Esq
Senior Counsel
MERSCORP Holdings, Inc.

Tim O’Brien
Assistant General Counsel
Capital One

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

Sulejman F. Dizdarevic
Director and Senior Counsel, Law
Discover Financial Services

Moderator for Panel 2

Stuart M. Richter
Partner
Katten Muchin Rosenman LLP

11:30
Regulatory Enforcement and Examination Roundtable: The View from Federal and State Agencies and Attorneys General on New and Emerging Initiatives, Enforcement Actions, Examination Procedures, and Investigations

Speakers

Richard Hayes
Deputy Chief, Civil Division
United States Department of Justice

Joseph Borg
Director
Alabama Securities Commission

David A. O’Toole
Senior Staff Attorney
Federal Trade Commission Midwest Region

Shannon Smith
Consumer Protection Chief
The Washington State Attorney General’s Office of Consumer Protection

Charles M. Steele
Deputy Chief Counsel
Office of the Comptroller of the Currency Washington, DC

Ken Markison
Vice President & Regulatory Counsel
Mortgage Bankers Association

Thomas P. James
Senior Assistant Attorney General Consumer Fraud Bureau
Office of the Illinois Attorney General

Co-Moderators:

Andrew K. Stutzman
Chair, Finance Services Litigation
Stradley Ronon Stevens & Young LLP

Quyen Truong
Partner
Stroock & Stroock & Lavan 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
  • How will the CFPB, the FTC, and other federal agencies coordinate investigations, enforcement actions, and settlements with state agencies and attorneys general?
  • Intended impact of Dodd-Frank if it gets repealed and where financial institutions can expect changes
  • Effectively responding to investigations

1:00
Networking Lunch for Speakers and Attendees
2:00
Examining the Large Uptick in Fair Credit Reporting Act (FCRA) Cases, Correlation Between Bankruptcy Filings, and Inaccuracies with Consumers’ Credit Reports

Ryan M. Holz
Partner
Locke Lord LLP

Rich Haber
Shareholder
Buckley Madole, P.C.

Michael J. Agoglia
Partner
ALSTON & BIRD LLP

  • Trends in FCRA and examining the large uptick in FCRA cases
  • Correlation between bankruptcy filings decreasing and FCRA cases increasing
  • Finding any real or alleged inaccuracies with consumers’ credit reports
  • How do you prove accuracy of credit report? – battle of experts? Combating allegations credit report wasn’t done properly and another different report would have been better
    • Determining whether FICA score determines credit score
    • Examining whether consumer harmed with inaccurate credit score

2:50
The Telephone Consumer Protection Act (TCPA): Text Messaging Violating TCPA, FCC Order on TCPA, and Recent Court Opinions

Andrew B. Lustigman
Partner
Olshan Frome Wolosky LLP

Eric Troutman
Partner
Dorsey & Whitney LLP

Hunter R. Eley
Managing Partner
Doll Amir & Eley LLP

Michael W. McTigue Jr.
Partner
Drinker Biddle & Reath LLP

  • Emerging trends and developments in TCPA litigation
  • Compliance concerns, enforcement trends, and recent FCC guidance
  • Evolving issues relating to consent and revocation of consent under the TCPA
  • Defense strategies for combatting the new wave of TCPA claims and 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
  • 9th Circuit Court decision on text messaging giving Article III standing
  • Analyzing consent and scope of consent
    • Reasonable expectations of consumers
    • What constitutes revocation?

3:40
Afternoon Break
3:55
FDCPA: Compliance Challenges, Litigation Trends, and Innovative Claims

Speakers:

David A. Elliott
Partner
Burr & Forman LLP

E. Scott Palmer
Co-Founder
Palmer, Lombardi & Donohue LLP

Jennifer S. Collins
Partner
Womble Carlyle Sandridge & Rice, LLP

Moderator:

Jonathan M. Robbin
Partner
Blank Rome LLP

  • Implications for first party creditors in addition to the third party debt collection industry (covered by the FDCPA)
  • Handling of loss mitigation in light of these developments
  • Interplay between State and Federal laws
  • Trends in FDCPA litigation
  • New and innovative FDCPA claims from the plaintiffs’ bar – and how to defend against them

4:40
Residential Mortgage Servicing Issues (Proper Disclosures, Charging Fees, Disclosing Fees), Foreclosure Challenges, and Origination Nuances

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

K. Issac deVyver
Partner
McGuireWoods LLP

  • Residential mortgage class action and settlement trends
  • Non-bank mortgage servicing litigation and enforcement actions
  • Duty of care owed to borrower by loan servicers
  • Recent activity under RESPA
  • Ongoing impact of the CFPB’s mortgage rules
  • Foreclosure challenges based on alleged statute of limitations lapses
  • Loan modifications and foreclosure
  • Responding to challenges to foreclosures in non-judicial foreclosure states
  • Mortgage origination – pricing mortgages, disclosures to consumers, marketing issues
  • HMDA and related mortgage lender practices
  • Servicers’ challenge with complying with FCPA with borrowers bankruptcy and sending monthly statements violates FCRA and FDCPA as required under RESPA

5:30
Conference Adjourns to Day 2 Cocktail Reception Hosted by Katten

Day 2 - Tuesday, July 25, 2017

8:00
Continental Breakfast
8:45
Chair’s Welcome and Recap of Day 1
9:00
Views from the Bench

Hon. F.A. Gossett, III
U.S. Dist. Ct.
D. Neb.

Hon. Clifton Newman

South Carolina Jud. Dept.

Moderator

Jeffrey D. Pilgrim
Partner
Pilgrim Christakis LLP

9:50
Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Consideration Including Ascertainability of Class and Class Members, Offers in Judgment, and More

Aphrodite Kokolis
Partner
Schiff Hardin LLP

Gregory S. Korman
Partner
Katten Muchin Rosenman LLP

Amanda Lawrence
Partner
Buckley Sandler LLP

  • Assessing the evolving landscape of class litigation
  • Overview of recent noteworthy class action cases and settlements
  • What is now required in order to obtain or defeat class certification?
  • Issues relating to the ascertainability of class and class members
  • Evaluating recent developments relating to Rule 23(b) class certifications
  • Recent developments in class action law and their impact on consumer finance litigation
  • Examining lower courts’ ruling on Campbell on Rule 63 offers of judgement
  • Using statistical evidence of class cases
  • Denying class certification – Microsoft v. Baker

10:40
Morning Break
10:55
Payday Loans, Small Dollar Lending, and Litigation and Enforcement Trends Related toCompanies Offering Advancements on Settlement Payouts to Consumers

Sabrina M. Rose-Smith
Partner
Goodwin Procter LLP

  • CFPB’s payday loan rule
    • determining extent of ability of creditors to provide credit
    •  focus on APR but realizing overhead costs for lenders
  • Companies offering payment in exchange for purchasing piece of settlement when and if the case settles
    • Is this product considered a loan extension of credit or a purchase of an asset
    • Does the CFPB have authority to regulate and enforce in this area?
    • CFPB v. RD LEGAL

11:30
Future of CFPB Decisions With New Administration, Fallout from the PHH Case, Arbitration Clauses, and Issues Stemming from Self Reporting and Voluntary Investigation

Thomas M. Hanson
Member
McGlinchey Stafford PLLC

Scott M. Pearson
Partner
Ballard Spahr LLP

  • What is the impact of the CFPB and its leadership with new administration?
  • Continued fallout from the PHH case
    • Constitutionality of the CFPB
    • Interpretation of referral fee and kick back
  • Self-reporting and voluntary investigations
    • CFPB’s published guidelines for self-reporting

12:10
Privacy and Security Issues Related in the Finance Industry Including Examining the Emerging Trend with Biometrics, NY’s Cybersecurity Regulation, and Data Breaches

Marcel C. Duhamel

Vorys, Sater, Seymour and Pease LLP

  • Trends associated with biometric litigation
    • fingerprint and retina scans in the place of PIN
  • What are banks doing in terms of investing in this type of research and development
  • Il Biometric Act
  • Assessing new and emerging cybersecurity and data privacy threats to the consumer financial services industry
  • How data breaches are impacting financial services companies
  • Assessing the importance of third-party risk management and oversight in light of cybersecurity and data privacy concerns
  • Best practices for outside counsel and law firms regarding how they manage personally identifiable information (PII)
  • Potential for law firms to face liability arising from data breaches and cyber attacks
  • Cyber insurance considerations for financial services companies and law firms
  • Status of coverage claims arising from cybersecurity flaws and data privacy breaches
  • Assessing the coverage gaps
  • NY’s First in the Nation Cybersecurity regulation

12:40
Spotlight on Securitized Trusts in Residential Mortgages and Homeowner Bill of Rights (NV and CA)

Peter J. Van Zandt
Shareholder
LeClairRyan

Gwen H. Ribar, Esq.
Partner
Wright, Finlay & Zak, LLP

  • Yvanova case on securitized trusts, assignments, and lack of standing
    • big issue in California when loans in securitized trust formed back in 2007 and 2008 and foreclosures taking place in 2014
  • Intended impact of the end of the Homeowners Bill of Rights until end of this year
    • loan modification and servicers obligations and responsibility

1:30
Conference Ends