Bank Overdraft Fee Litigation and Regulatory Developments
Lessons Learned from Recent Litigation and Settlements, Preparing for Increased Regulatory Scrutiny, and Minimizing Liability Exposure
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends affecting overdraft fees, including current initiatives by the CFPB. The panel will discuss steps that institutions should take to achieve regulatory compliance and minimize litigation exposure.
Outline
- Update on overdraft fee MDLs and class action lawsuits
- Theories of liability
- Dispositive motions
- Recent settlements
- Class certification and Rule 23(f) appeals
- Motions to compel arbitration
- Federal preemption rulings
- Regulatory developments
- CFPB initiatives
- FDIC guidance
- Best practices for compliance and minimizing litigation exposure
Benefits
The panel will review these and other key questions:
- What are the developments and approaches being utilized in overdraft fee litigation?
- What is the basis for the CFPB’s authority to regulate overdraft fees and what can banks expect to see from the CFPB in the near future?
- What should lenders do to minimize exposure to challenges over their overdraft protection policies and procedures?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Joseph L. Barloon
Partner
Skadden Arps Slate Meagher & Flom
He represents a wide range of financial institutions in federal and state civil, criminal and enforcement agency... | Read More
He represents a wide range of financial institutions in federal and state civil, criminal and enforcement agency investigations and actions. In addition, he frequently conducts internal investigations, provides compliance advice regarding consumer financial services, internal controls and related issues, and regularly assists with due diligence for financial services transactions.
CloseKenneth C. Johnston
Director
Kane Russell Coleman & Logan
Mr. Johnston practices in the Financial Services, Litigation, Insolvency & Creditor Rights Practice Groups... | Read More
Mr. Johnston practices in the Financial Services, Litigation, Insolvency & Creditor Rights Practice Groups and represents financial institutions in a variety of matters, including general bank operations, significant defensive litigation, credit risk management. He also practices in the Energy and Investment Fraud Practice Groups and represents individual and corporate investors in oil and gas fraud matters.
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