Day 1 - Tuesday, January 24, 2017

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome
8:00
In-House Roundtable: How Corporate Counsel Are Dealing With a Climate of Heightened Regulatory Scrutiny Including Compliance Challenges and Enforcement Actions/Examinations, Plus Managing Consumer Finance Claims/Class Actions, Working with Outside Counsel to Enhance the Client-Attorney Relationship, and More
10:10
Morning Coffee Break
10:20
Regulatory Enforcement and Examination: The View from Federal and State Agencies and Attorneys General on New and Emerging Initiatives, Actions, Procedures, and Investigations
11:40
Networking Luncheon for Speakers and Attendees
12:40
THE CFPB’S TIGHTENING GRIP ON THE CONSUMER FINANCE INDUSTRY- CFPB Enforcement Trends: ‘Regulation by Enforcement’ Including the Ever Expanding Use of UDAAP Provisions, Examinations, Investigations, Administrative Actions and Appealing CFPB Decisions, Evaluating the Bureau’s Enforcement Actions Against Non-Bank/Financial Institutions, And Individual Liability in CFPB Actions
1:35
THE CFPB’S TIGHTENING GRIP ON THE CONSUMER FINANCE INDUSTRY- CFPB Rulemaking Updates: The Proposed Rule on Mandatory Arbitration and its Implications Plus the Status of Debt Collection, Payday Lending and Other Forthcoming Rulemakings
2:30
Afternoon Break
2:35
The Telephone Consumer Protection Act (TCPA): Continued Uptick in Litigation with No End in Sight and Strategies for Modifying your Practices to Avoid Liability, New Plaintiff Theories, Emerging Defense Strategies, Class Action Certification Issues, and Staying Ahead of the Curve in the Face of Complex and Unclear Rules
3:40
Debt Collection, Loss Mitigation and Credit Reporting: The CFPB’s Interest and Potential FDCPA Amendments, Plus Other Litigation and Enforcement Actions: Developing Effective Defense Strategies for New and Emerging Claims and Managing Government Enforcement Actions Arising From the FDCPA and the FCRA
4:35
Residential Mortgage Watch: Lender and Servicer Class Action, Litigation, Settlement, and Procedural Trends With Regard to the Updated and Finalized CFPB Mortgage Servicing Rule, Loan Mods/The Expiration of HAMP, Lender-Placed Insurance, Duty of Care, and More; Latest Foreclosure Challenges Tied to Statutes of Limitation; and Best-in-Class Risk Management and Regulatory Practices
5:30
Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Considerations: Certification, Class Ascertainability Issues, and Other Procedural Developments, New Cases, Emerging Theories of Liability, and Recent Developments in Settlement Strategies
6:25
Cocktail Reception

Day 2 - Wednesday, January 25, 2017

7:30
Continental Breakfast
8:00
Views from the Bench: Judicial Perspectives on Class Certification, Arbitration, the Evolution of the Law, Settlement Considerations, the Latest Plaintiff Theories, Emerging Defense Strategies, E-Discovery, Bankruptcy and Foreclosure Litigation, and More
10:00
Morning Coffee Break
10:10
Supreme Court Review – Decision in Tyson Foods – ‘Certification by Statistics’ – Decision in Campbell-Ewald and its Impact on Rule 68, and the Impact of the Spokeo Decision on Article III Standing: Adapting Your Consumer Finance Class Action and Litigation Strategies in Anticipation of These and Forthcoming Supreme Court Decisions
11:05
Fair Lending: Managing and Defending Against Claims of Discriminatory, Predatory, and Abusive Lending and Assessing the Status of ‘Disparate Impact’ in Lending Litigation and Enforcement
12:00
Networking Luncheon for Speakers and Attendees
1:00
The Borrower’s Perspective: Insights From the Plaintiffs’ Bar and Consumer Advocates
1:55
Student Loans, Auto Loans Plus Payday Lending and Deposit Advance Loans: Enhanced Regulatory and Enforcement Scrutiny, Assessing the Rise in Disparate Impact Claims and Allegations of Fair Lending Violations, UDAAP Concerns, and Developing Litigation Trends
2:45
Main Conference Ends

Day 1 - Tuesday, January 24, 2017

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome

Thomas Hefferon
Partner; Co-Chair Financial Industry
Goodwin Procter LLP

Van Beck
Senior Vice President, Senior Company Counsel
Wells Fargo Law Department

8:00
In-House Roundtable: How Corporate Counsel Are Dealing With a Climate of Heightened Regulatory Scrutiny Including Compliance Challenges and Enforcement Actions/Examinations, Plus Managing Consumer Finance Claims/Class Actions, Working with Outside Counsel to Enhance the Client-Attorney Relationship, and More

PANEL 1 | 8:00-9:05

Gary Deutsch
Managing Chief Counsel
PNC Bank

Michael Gravink
Senior Counsel
Ditech Financial LLC

Michael Frost
Chief Legal Officer & General Counsel
CBE Companies, Inc.

Corinne Hufft
Senior Vice President & Assistant General Counsel
Bank of America

Robert R. Lawrence
Associate General Counsel
Freddie Mac

Michael D. Socha
Counsel – Litigation
Ally

Andrew Moritz
Associate General Counsel
Citibank

Panel 1 Moderator:

Bryan A. Fratkin

McGuireWoods LLP

PANEL 2 | 9:05-10:10

Van Beck
Senior Vice President, Senior Company Counsel
Wells Fargo Law Department

Jeannie White
Vice President, Associate General Counsel
CoreLogic, Inc.

Rebecca L. Sipowicz
Senior Counsel, Litigation
Ocwen Financial Corporation

Megan S. Webster
Associate General Counsel and Vice President Legal, Corporate & Compliance Group
BMO Financial Group

Tim O’Brien
Assistant General Counsel
Capital One

Leslie Sharpe
In House Counsel
Rialto Capital Management

Panel 2 Moderator:

John C. Lynch

Troutman Sanders LLP

10:10
Morning Coffee Break

Sponsored by:

null

10:20
Regulatory Enforcement and Examination: The View from Federal and State Agencies and Attorneys General on New and Emerging Initiatives, Actions, Procedures, and Investigations

Gene Fishel
Senior Assistant Attorney General/Chief
Virginia’s AG’s Office

Glenn Kaplan
Division Chief
Mass. Office of the AG

Richard Hayes
Unites States Attorney
United States Attorney’s Office, Eastern District of N.Y.

C. Brad Schuelke
Assistant Attorney General, Consumer Protection Division
Texas Office of the AG

Paul A. Isaac
Assistant Attorney General
Consumer Fraud Bureau Office of the Illinois AG

Moderator:

Joseph Borg
Director
Alabama Securities Commission

11:40
Networking Luncheon for Speakers and Attendees
12:40
THE CFPB’S TIGHTENING GRIP ON THE CONSUMER FINANCE INDUSTRY- CFPB Enforcement Trends: ‘Regulation by Enforcement’ Including the Ever Expanding Use of UDAAP Provisions, Examinations, Investigations, Administrative Actions and Appealing CFPB Decisions, Evaluating the Bureau’s Enforcement Actions Against Non-Bank/Financial Institutions, And Individual Liability in CFPB Actions

Michael Gordon

WilmerHale

Eric Mogilnicki

Covington & Burling LLP

D. Brian O’Dell

Bradley Arant Boult Cummings LLP

  • Lessons learned from recent CFPB enforcement actions and emerging enforcement and investigation trends
  • Takeaways from recent CFPB enforcement actions relating to cybersecurity and data privacy
  • Assessing the CFPB’s enhanced scrutiny of nonbank ‘larger participants’
  • Individual liability in CFPB actions
  • Preparing for and responding to CFPB investigations and examinations
  • Responding to CIDs (Civil Investigative Demands)
  • 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
  • ddressing potential UDAAP concerns
  • Recent cases dealing with UDAAP<

1:35
THE CFPB’S TIGHTENING GRIP ON THE CONSUMER FINANCE INDUSTRY- CFPB Rulemaking Updates: The Proposed Rule on Mandatory Arbitration and its Implications Plus the Status of Debt Collection, Payday Lending and Other Forthcoming Rulemakings

Elena Lovoy

Adams and Reese LLP

Michael R. Pennington

Bradley Arant Boult Cummings LLP

  • Proposed rule on arbitration- comment period closed, final rule
  • Application of the rule on arbitration and how it will require a transition
  • Reactions to the rule- will it do more harm than good?
  • CFPB’s rulemaking agenda—what else is on the horizon?
  • Pending rulemaking regarding debt collection- proposal regarding antecedent debt
  • Pending rulemaking regarding payday lending
  • Other areas the CFPB has turned their rulemaking attention to?

2:30
Afternoon Break
2:35
The Telephone Consumer Protection Act (TCPA): Continued Uptick in Litigation with No End in Sight and Strategies for Modifying your Practices to Avoid Liability, New Plaintiff Theories, Emerging Defense Strategies, Class Action Certification Issues, and Staying Ahead of the Curve in the Face of Complex and Unclear Rules

Deborah Solmor
Vice President & Deputy General Counsel
Career Education Corporation

Chad Fuller

Troutman Sanders LLP

Stuart Richter

Katten Muchin Rosenman LLP

  • Emerging trends and developments in TCPA litigation
  • Settlement trends
  • Compliance concerns, enforcement trends, and recent FCC guidance
  • Evolving issues relating to consent and revocation of consent
  • The latest on the definition of automated telephone dialing system
  • Defense strategies for combatting the new wave of TCPA litigation
  • 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 exposure to TCPA
  • Practical guidance for what lies ahead

3:40
Debt Collection, Loss Mitigation and Credit Reporting: The CFPB’s Interest and Potential FDCPA Amendments, Plus Other Litigation and Enforcement Actions: Developing Effective Defense Strategies for New and Emerging Claims and Managing Government Enforcement Actions Arising From the FDCPA and the FCRA

R. Frank Springfield

Burr & Forman LLP

Mark New

McGlinchey Stafford, PLLC

Geoffrey K. Milne
Partner
Hunt Leibert Jacobsen, P.C.

  • CFPB’s recent partial proposal (July 28, 2016) regarding third party debt collection
  • FDCPA amendments
  • Future 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
  • Minimizing the risk of exposure to FDCPA claims
  • Heightened scrutiny of potential FDCPA violations
  • 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
  • How debt collectors have adapted their internal compliance and auditing policies and procedures to minimize future litigation
  • Understanding and making use of statistics and data related to debt collection litigation
  • Strategies for calculating damages based on net worth
  • Assessing the risks associated with sales of debt by creditors
  • How clients are working with debt collectors to ensure proper oversight
  • Chain of title issues
  • Potential 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 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
  • State claims and FCRA preemption

4:35
Residential Mortgage Watch: Lender and Servicer Class Action, Litigation, Settlement, and Procedural Trends With Regard to the Updated and Finalized CFPB Mortgage Servicing Rule, Loan Mods/The Expiration of HAMP, Lender-Placed Insurance, Duty of Care, and More; Latest Foreclosure Challenges Tied to Statutes of Limitation; and Best-in-Class Risk Management and Regulatory Practices

Robert N. Driscoll

McGlinchey Stafford PLLC

Ava E. Lias Booker

McGuireWoods LLP

  • Updates on recent enforcement actions and case law
  • Residential mortgage class action and settlement trends
  • Non-bank mortgage servicing litigation and enforcement actions
  • Litigation relating to transfers of mortgage servicing rights
  • Litigation arising from Trial Period Plans (TPPs) that fail to convert to permanent loan modifications
  • Lender-placed insurance litigation
  • Duty of care owed to borrower by loan servicers
  • Recent activity under RESPA
  • New developments relating to loss mitigation
  • Ongoing impact of the CFPB’s mortgage rules
  • Developing best-in-class risk management and regulatory practices
  • Foreclosure challenges based on alleged statute of limitations lapses
  • Auditing completed foreclosures and conducting foreclosure look-backs
  • Attorney fees and related foreclosure filings
  • New and emerging claims relating to standing in contested foreclosure cases
  • Loan modifications and foreclosure
  • Responding to challenges to foreclosures in non-judicial foreclosure states
  • Handling borrower counterclaims in contested foreclosures
  • Overcoming commonly raised defenses including TILA, SCRA, fraud, and rescission claims
  • Preventing bankruptcy from becoming a tool used to stall foreclosures
  • GSE transfer tax litigation
  • MERS litigation developments: Recording fee class actions
  • RMBS litigation: Settlement trends

5:30
Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Considerations: Certification, Class Ascertainability Issues, and Other Procedural Developments, New Cases, Emerging Theories of Liability, and Recent Developments in Settlement Strategies

Thomas Cunningham
Partner
Locke Lord LLP

Randy Liebler

Liebler, Gonzalez & Portuondo

Thomas Hefferon
Partner; Co-Chair Financial Industry
Goodwin Procter 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
  • Using expert testimony and data to challenge class certification
  • Assessing the latest theories of liability and emerging defense strategies
  • Class actions arising from federal and state activities, especially those of the CFPB and state attorneys general
  • UDAP/UDAAP litigation and class actions
  • Recent developments in class action law and their impact on consumer finance litigation
  • New developments relating to jurisdiction and removal under CAFA

6:25
Cocktail Reception

Sponsored By:

null

Day 2 - Wednesday, January 25, 2017

7:30
Continental Breakfast
8:00
Views from the Bench: Judicial Perspectives on Class Certification, Arbitration, the Evolution of the Law, Settlement Considerations, the Latest Plaintiff Theories, Emerging Defense Strategies, E-Discovery, Bankruptcy and Foreclosure Litigation, and More

Hon. Eduardo Robreno

U.S. Dist. Ct., E.D. Pa.

Hon. Richard Mills

U.S. Dist. Ct., C.D. Ill.

Hon. Wiley Y. Daniel

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

Hon. George C. Steeh

U.S. Dist. Ct., E.D. Mich.

Hon. Eric F. Melgren

U.S. Dist. Ct., D. Kan.

Hon. David J. Waxse

U.S. Dist. Ct., D. Kan.

Hon. James P. O’Hara

U.S. Dist. Ct., D. Kan.

Moderator:

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

10:00
Morning Coffee Break
10:10
Supreme Court Review – Decision in Tyson Foods – ‘Certification by Statistics’ – Decision in Campbell-Ewald and its Impact on Rule 68, and the Impact of the Spokeo Decision on Article III Standing: Adapting Your Consumer Finance Class Action and Litigation Strategies in Anticipation of These and Forthcoming Supreme Court Decisions

E. Hutchinson Robbins, Jr

Miles & Stockbridge, P.C.

Jeffrey D. Pilgrim
Partner
Pilgrim Christakis LLP

Drew Campbell

Bricker & Eckler LLP

  • Impact of Campbell-Ewald on class actions
  • Reactions to Campbell-Ewald
  • Assessing the possibility of mooting class actions through other channels that were left open by the decision
  • Evaluating the impact of Tyson Foods on consumer finance class actions
  • Assessing the impact of Spokeo
  • How the fallout from these three cases, and their application by other courts, will impact the class action landscape going forward
  • Adapting your consumer finance class action and litigation strategies in anticipation of forthcoming supreme court decisions

11:05
Fair Lending: Managing and Defending Against Claims of Discriminatory, Predatory, and Abusive Lending and Assessing the Status of ‘Disparate Impact’ in Lending Litigation and Enforcement

Edgar Martinez
Partner
O’Melveny & Myers LLP

Bryan Greene
General Deputy Assistant Secretary
HUD

  • Assessing recent cases and actions
  • How state and federal agencies are approaching fair lending issues
  • Enhanced scrutiny of fair lending issues by the CFPB
  • Assessing the status of ‘disparate impact’
  • Impact of the Supreme Court’s decision as to whether disparate impact claims are cognizable under the FHA
  • Defending against the latest claims alleging fair lending violations
  • Statistical modeling of decision making/disparate impact analyses
  • Maintaining privilege
  • Negotiating successful resolutions
  • Public relations concerns
  • Settlement considerations and strategies

12:00
Networking Luncheon for Speakers and Attendees
1:00
The Borrower’s Perspective: Insights From the Plaintiffs’ Bar and Consumer Advocates

Kevin Landau

Taus, Cebulash & Landau, LLP

Avi Kaufman

Kopelowitz Ostrow Ferguson Weiselberg Gilbert

Moderator:

Hunter Eley
Managing Partner
Doll Amir & Eley LLP

1:55
Student Loans, Auto Loans Plus Payday Lending and Deposit Advance Loans: Enhanced Regulatory and Enforcement Scrutiny, Assessing the Rise in Disparate Impact Claims and Allegations of Fair Lending Violations, UDAAP Concerns, and Developing Litigation Trends

Christy A. Ames

Stites & Harbison, PLLC

Paul H. Schieber

Stevens & Lee

  • Spotlight on CFPB enforcement activity and anticipated civil litigation against student lenders
  • Assessing the types of claims that have been made against mortgage lenders that are now morphing over into student lending, and lessons learned from the mortgage industry
  • Examining the rise in private litigation based on: student loan servicing activities; collection activities; advertising and marketing practices; and fair lending and disparate impact claims
  • Impact of rising student loan default rates on litigation and enforcement actions
  • Best practices for mitigating the risk of student lending/servicing claims and defense strategies for defeating such claims
  • Evaluating the CFPB’s and DOJ’s enhanced scrutiny of the auto lending industry, and how the industry is responding
  • Trends in auto lending litigation and settlements
  • Auto lending and the practice of power booking
  • Assessing the rise in disparate impact claims and allegations of fair lending violations in the auto industry
  • Avoiding and defending against the latest auto lending claims
  • Regulatory scrutiny of payday lenders and deposit advance loans
  • CFPB payday lending rules and the potential for class actions arising from the new rules
  • UDAAP and the payday lending industry
  • Possible repercussions of over-regulating payday lenders
  • Usury issues that can arise with payday loans
  • Best practices for minimizing exposure to predatory lending claims
  • Managing and defending against claims involving payday lenders

2:45
Main Conference Ends