Day 1 - Tuesday, April 4, 2017

12:50
Registration
1:10
Co-Chairs’ Opening Remarks
1:15
In-House Roundtable: How Corporate Counsel are Dealing with a Climate of Heightened Regulatory Scrutiny Including Compliance Challenges and Enforcement Actions/Examinations
2:40
Vendor Liability and Management: Managing Risk for Third Parties in the Financial Services Context
3:20
Afternoon Break
3:30
CFPB Enforcement Trends: Reviewing the PHH Case and the Constitutionality of the Structure of the CFPB, Interpretation of UDAAP, CFPB Taking Testimony of Former Employees, and Rulemaking Updates
4:30
The Borrower’s Perspective and Consumer Advocacy
5:20
Debt Collection (First and Third Party) Credit Reporting: FDCPA Amendments, Time-Barred Debt, and CFPB’s Enforcement Under UDAAP
6:05
Conference Adjourns

Day 2 - Wednesday, April 5, 2017

7:30
Continental Breakfast
8:00
Views from the Bench – Panel 1 (8:00 – 9:10)
9:10
Morning break
9:20
Views from the Bench – Panel 2 (9:20 – 10:30)
10:30
Regulatory Enforcement and Examination Roundtable: The View from Agencies on Enforcement Actions and New Initiatives
11:50
Student Loans and PayDay Loans: Managing Increased Regulatory Scrutiny, Litigation, and Assessing Proposed Rules by the CFPB on Payday Loans
12:50
Networking Lunch for Speakers and Delegates
1:50
Residential Mortgage Servicing Rule and Disclosure Updates, Expanding HMDA, Foreclosure, and Statute of Limitation Issues
2:50
Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Consideration Including Litigation Focused on Sales Practices/Lender Liability and Class Certification Issues
3:50
Afternoon Break
4:00
Supreme Court Review in the Consumer Finance Litigation Context and Assessing the Impact of Spokeo/Standing Issues
4:45
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
5:15
The Telephone Consumer Protection Act (TCPA): Appeal of FCC’s Order on TCPA, Emerging Trends in TCPA Litigation, and Practical Guidance for What Lies Ahead
6:05
Conference Ends

Day 1 - Tuesday, April 4, 2017

12:50
Registration
1:10
Co-Chairs’ Opening Remarks

Scott M. Pearson
Partner
Ballard Spahr LLP

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

1:15
In-House Roundtable: How Corporate Counsel are Dealing with a Climate of Heightened Regulatory Scrutiny Including Compliance Challenges and Enforcement Actions/Examinations

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

Penny Shemtob, Esq.
Senior Litigation Counsel Office of the General Counsel
Cavalry Portfolio Services, LLC

Luder Milton
Senior Counsel
Capital One

Ron Morrison
EVP General Counsel
IMPAC Mortgage Holdings, Inc.

Alice S. Wang
General Counsel
National Creditors Connection, Inc.

Daniel Halvorsen
Senior Attorney
TransUnion LLC

S. Michael Gray
Director and Senior Counsel
Discover Financial Services, Inc.

Moderator

Hunter R. Eley
Managing Partner
Doll Amir & Eley LLP

2:40
Vendor Liability and Management: Managing Risk for Third Parties in the Financial Services Context

Stephen A. Walsh
Partner
Adams & Reese LLP

Rebecca E. Kuehn
Partner
Hudson Cook, LLP

  • Assessing the importance of third-party risk management and oversight in light of cybersecurity and data privacy concerns
  • Assessing the increasingly common trend in which financial services institutions are requiring the law firms with which they work to have certain cybersecurity and data privacy protections in place, given the client data and documents that said law firms have in their internal systems
  • Potential liability with debt collectors, payment processors, etc that generates statements
  • Categorizing critical and non critical vendors
  • Best practices for outside counsel and law firms regarding how they manage personally identifiable information (PII)

3:20
Afternoon Break
3:30
CFPB Enforcement Trends: Reviewing the PHH Case and the Constitutionality of the Structure of the CFPB, Interpretation of UDAAP, CFPB Taking Testimony of Former Employees, and Rulemaking Updates

David R. Dugas
Member
McGlinchey Stafford PLLC

David Stein
Of Counsel
Bricker & Eckler LLP

  • Review and Analysis of the PHH case and its impact on the industry as a whole
  • 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
  • Proposed rule on arbitration
  • Application of the rule on arbitration and how it will require a transition in the industry

4:30
The Borrower’s Perspective and Consumer Advocacy

Noah Axler
Partner
Axler Goldich, LLC

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

Marc A. Goldich
Partner
Axler Goldich LLC

In this session, you will hear about 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.

5:20
Debt Collection (First and Third Party) Credit Reporting: FDCPA Amendments, Time-Barred Debt, and CFPB’s Enforcement Under UDAAP

Seth A. Schaeffer
Partner
McGuireWoods LLP

  • CFPB’s proposed rule 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
    • Review of the Johnson case on time-barred debt
  • 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

6:05
Conference Adjourns

Day 2 - Wednesday, April 5, 2017

7:30
Continental Breakfast
8:00
Views from the Bench – Panel 1 (8:00 – 9:10)

Hon. Ruben Castillo

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

Hon. David Hittner
District Court Judge
U.S. Dist. Ct., S.D. Tex.

Hon. Kurt D. Engelhardt

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

Moderator

Elizabeth L. McKeen
Partner
O’Melveny & Myers LLP

9:10
Morning break
9:20
Views from the Bench – Panel 2 (9:20 – 10:30)

Hon. Alan S. Trust

U.S. Bankr. Ct., E.D.N.Y.

Hon. Anthony J. Mohr
Judge
Los Angeles Superior Court

Hon. Sarah Stewart

Alabama Circuit Court Judge

Hon. Sean W. McPartland

Sixth Judicial District of Iowa

Moderator

Jeffrey D. Pilgrim
Partner
Pilgrim Christakis LLP

10:30
Regulatory Enforcement and Examination Roundtable: The View from Agencies on Enforcement Actions and New Initiatives

Richard Hayes
Attorney
U.S. Attorney’s Office, Eastern District of New York

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

Gene Fishel
Senior Assistant Attorney General, Chief – Computer Crime Section
Virginia Attorney General’s Office

John Abel
Senior Deputy Attorney General
Pennsylvania Office of the Attorney General

Joel M. Sweet
Assistant U.S. Attorney
United States Attorney’s Office for the Eastern District of Pennsylvania

Shannon Smith
Senior Assistant Attorney General Division Chief, Consumer Protection Division
Washington State Attorney General's Office

Moderator

Scott M. Pearson
Partner
Ballard Spahr 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?
  • Effectively responding to investigations

11:50
Student Loans and PayDay Loans: Managing Increased Regulatory Scrutiny, Litigation, and Assessing Proposed Rules by the CFPB on Payday Loans

Robb C. Adkins
Partner
Winston & Strawn LLP

Sabrina M. Rose-Smith
Partner
Goodwin Procter LLP

  • 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

12:50
Networking Lunch for Speakers and Delegates
1:50
Residential Mortgage Servicing Rule and Disclosure Updates, Expanding HMDA, Foreclosure, and Statute of Limitation Issues

John R. Chiles

Burr & Forman LLP

Sanjay P. Ibrahim
Partner
Parker Ibrahim & Berg LLC

  • UDAP/UDAAP litigation and class actions
  • New developments relating to jurisdiction and removal under CAFA
  • Class action litigation surrounding sales practices and lender liability (claims where banks misled or charged excessive fees)

2:50
Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Consideration Including Litigation Focused on Sales Practices/Lender Liability and Class Certification Issues

Gregory S. Korman
Partner
Katten Muchin Rosenman LLP

Frank A. Hirsch, Jr.
Partner
Alston & Bird LLP

David N. Anthony
Partner
Troutman Sanders LLP

3:50
Afternoon Break
4:00
Supreme Court Review in the Consumer Finance Litigation Context and Assessing the Impact of Spokeo/Standing Issues

Christopher Chorba
Partner
Gibson, Dunn & Crutcher LLP

  • Assessing the impact of Spokeo on the class action litigation landscape going forward
  • Adapting your consumer finance class action and litigation strategies in anticipation of forthcoming supreme court decisions

4:45
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

Martha J. Svoboda
Of Counsel
Poyner Spruill LLP

Martha J. Svoboda
Of Counsel
Poyner Spruill 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
  • Assessing the status of ‘disparate impact’ in lending litigation and enforcement
  • 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

5:15
The Telephone Consumer Protection Act (TCPA): Appeal of FCC’s Order on TCPA, Emerging Trends in TCPA Litigation, and Practical Guidance for What Lies Ahead

Simon Fleischmann
Partner
Locke Lord LLP

Katrina L. Miller
Counsel
Stites & Harbison, PLLC

  • Reviewing the appeal of the FCC’s order on TCPA
    • Definition of telephone dialing system
    • Issues related to revocation and unintended recipient
  • 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 under the TCPA
  • The latest on the definition of automated telephone dialing system (ATDS)
  • Defense strategies for combatting the new wave of TCPA claims and class actions
  • 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

6:05
Conference Ends