Please join Epiq Systems for a cocktail reception directly after the conference Monday, April 8, 2013 at PLI New York Conference Center.
Day One: 9:00 a.m. - 5:00 p.m.
Morning Session: 9:00 a.m. - 12:45 p.m.
9:00 Introduction and Opening Remarks
Deepak Gupta, Alan S. Kaplinsky, John J. Roddy, Julia B. Strickland
9:10 Keynote Address: Meredith Fuchs, Associate Director & General Counsel, Consumer Financial Protection Bureau
9:30 CFPB Regulatory Update
- Final rule defining obligations to assess borrowers’ ability to repay mortgage loans and the qualified mortgage rule
- Final rules on mortgage escrow requirements, mortgage servicing and remittances
- Status of rule to combine Truth-in-Lending Act (TILA)/Real Estate Settlement Procedures Act (RESPA) disclosures
- Future non-mortgage rules including prepaid cards
Rodrigo J. Alba, Michael D. Calhoun, Leonard N. Chanin
10:30 CFPB Enforcement Update
- Investigative and enforcement structure and procedures
- What we can learn from the CFPB’s consent orders
- The potential liability of officers and directors
Lucy E. Morris, Christopher J. Willis
11:30 Networking Break
11:45 CFPB Supervision Update
- Who is subject to supervision now and who will be subject to supervision in the future
- Preparing for a CFPB examination
- The relationship between the supervisory and enforcement functions
- Does attorney/client privilege apply?
- Impact of the enactment of H.R. 4014 on the waiver of attorney/client privilege
April Breslaw, Matthew Lambert, Eric J. Mogilnicki
Afternoon Session: 2:00 p.m. - 5:00 p.m.
2:00 Fair Lending & Mortgage Litigation
- Fair Lending
- Update on disparate impact under Equal Credit Opportunity Act (ECOA) and the FHA in the courts and before the CFPB, HUD and the DOJ
- Effect of the absence of disparate impact on both government and private litigation
- Risks and challenges of fair lending enforcement in connection with non-mortgage products
- Major risk areas to focus on in fair lending assessments
- Status of the Mt. Holly case before the U.S. Supreme Court
- Mortgage Litigation
- Update on private and governmental challenges to the Mortgage Electronic Registration System (MERS)
- Evolving case law on the Home Affordable Modification Program (HAMP) and the current status of HAMP related litigation
- Status of foreclosure documentation litigation
- Evolving case law on TILA rescission issues
- The latest on mortgage repurchase litigation
Eric I. Halperin, John P. Relman, Ira Rheingold, David A. Scheffel, Christopher J. Willis
3:45 Networking Break
4:00 Credit Card, Retail Banking and Emerging Payment Models
- Data breach litigation developments
- New theories of retail bank liability
- “Add-on” products litigation
- Emerging payment systems and Credit Card Accountability, Responsibility, and Disclosure Act (CARD Act) litigation updates
- Preemption developments
Michael D. Donovan, Noah A. Levine
Day Two: 9:00 a.m. - 5:00 p.m.
Morning Session: 9:00 a.m. - 12:15 p.m.
9:00 State Regulatory Initiatives and Developments
- AGs’ use of private attorneys to enforce consumer laws
- Lending, servicing and securitization enforcement: five years into the foreclosure crisis
- Collection of unlawful debts: using debt collection enforcement to enforce payday lending laws
- AG responses to common defense strategies in consumer cases
- Ancillary product sales violations
Christopher K. Barry-Smith, Norman A. Googel
10:00 Federal Financial Regulators Examine the Post Dodd-Frank Landscape
- Implications of Discover/Capital One/AMEX consent decrees involving allegations of deceptive telemarketing practices
- Regulators’ scrutiny of growing role of mobile devices in e-commerce
- Are the Facebook/Google/Equifax settlements changing privacy practices?
- Review of government efforts to quell scams targeting consumers facing foreclosure and other credit problems
Luke H. Brown, Grovetta N. Gardineer, Charles A. Harwood
11:00 Networking Break
11:15 The New Consumer Perspective
- Is the CFPB living up to its promises?
- What should the CFPB's priorities be going forward?
- Advocates “wish list” for new legislation
- New priorities in private litigation
Anthony Alexis, Professor Jeff Sovern
Afternoon Session: 1:30 p.m. - 5:00 p.m.
1:30 Class Action Developments and Settlements and UDAP Update
- Class certification update: impact of WalMart on consumer cases?
- Has the landscape truly shifted?
- Class settlement update
- Developments regarding the reach of a class action release - are claims by regulators and AGs barred?
- Structuring a notice program to address the law and technology
- Other settlement considerations given current caselaw
- CARD Act litigation update
- UDAP developments
- Is the implied covenant the new UDAP
- Are state attorneys general parens patriae actions removable under CAFA?
- Status of Rule 68 offers of judgement in light of the pending U.S. Supreme Court case, Genesis Healthcare Corp. v. Symczyk
- Intersection between regulatory, AG and private litigation
Jennifer A. McCabe, Stephen J. Newman, Jonathan D. Selbin, Dr. Shannon R. Wheatman
2:45 Telephone Consumer Protection Act (TCPA), Collection and Bankruptcy Issues
- Going up the TCPA chain - on whose “behalf” are calls made?
- Are billing aggregators susceptible to TCPA liability?
- Debt collection in 2013
- The importance of knowing your service providers
- Vicarious liability under the Fair Debt Collection Practices Act (FDCPA)
John W. Barrett, Donald S. Maurice
3:45 Networking Break
- Lower court opinions after AT& T Mobility v. Concepcion
- Will the U.S. Supreme Court use the American Express v. Italian Colors case to create a “vindication of statutory rights” exception to Concepcion?
- Bases (other than class action waivers) for challenging arbitration provisions
- Status of the CFPB’s study of consumer arbitration under Dodd-Frank
Gary B. Friedman, Andrew J. Pincus
Rodrigo J. Alba
~ Vice President, Mortgage Finance & Senior Regulatory Counsel, American Bankers Association (ABA)
~ Deputy Enforcement Director for Field Litigation, Consumer Financial Protection Bureau (CFPB)
~ Deputy Assistant Director, Consumer Financial Protection Bureau (CFPB)
Luke H. Brown
~ Associate Director, Federal Deposit Insurance Corporation (FDIC)
~ Associate Director & General Counsel, Consumer Financial Protection Bureau (CFPB)
Grovetta N. Gardineer
~ Deputy Comptroller for Compliance Policy; Office of the Comptroller of the Currency (OCC), U.S. Department of the Treasury
Norman A. Googel
~ Senior Assistant Attorney General, Office of the Attorney General of West Virigina
Eric I. Halperin
~ Special Counsel for Fair Lending, Civil Rights Division, United States Department of Justice
Charles A. Harwood
~ Deputy Director, Bureau of Consumer Protection, Federal Trade Commission (FTC)
Lucy E. Morris
~ Deputy Enforcement Director for Litigation, Consumer Financial Protection Bureau (CFPB)
~ Executive Director, National Association of Consumer Advocates (NACA)
~ Co-Coordinator, Consumer Law and Policy Blog; Professor of Law, St. John's University, School of Law
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
The New York Hilton & Towers
1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also make reservations
online to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: firstname.lastname@example.org
Sheraton New York Hotel & Towers
, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online