UDAP Litigation Against Financial Institutions: Emerging Theories and the Foreclosure Documentation Crisis
Defense Strategies for Individual, Class Action and State AG and FTC Enforcement Actions
50-state AG group investigating foreclosure practices and dozens of foreclosure class actions already filed
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide counsel to banks and financial institutions with an analysis of emerging trends in consumer protection litigation under state and federal UDAP statutes, including the recent state AG investigations and class actions over the foreclosure documentation crisis.
Outline
- Overview of litigation trends
- Emerging factual theories
- Injury/reliance/causation
- Preemption in the wake of Dodd-Frank
- Class certification developments
- State attorney general and FTC enforcement actions
Benefits
The panel will review these and other key questions:
- Where are the UDAP cases being filed and what are the emerging factual theories?
- What has been the impact of the Dodd-Frank Act on the preemption defense?
- How does the burden of proof differ in a state AG enforcement action than a private lawsuit?
- What are the various theories and damages sought in the recent spate of class action suits filed in the wake of the foreclosure documentation crisis?
Faculty
Christopher J. Willis
Partner
Rogers & Hardin
He has experience in a wide variety of complex litigation, including consumer financial services class actions,... | Read More
He has experience in a wide variety of complex litigation, including consumer financial services class actions, employment class and collective actions, accounting and auditing malpractice litigation, complex business/contract litigation and arbitration, securities litigation and the representation of individuals in connection with investigations or actions brought by the SEC.
CloseFrank A. Hirsch
Partner
Alston & Bird
He practices in business litigation with emphasis on class actions in the financial services and insurance industries,... | Read More
He practices in business litigation with emphasis on class actions in the financial services and insurance industries, unfair and deceptive trade practices, and business torts. In the financial services arena, he draws upon his experience as former general counsel to Centura Banks, and has defended numerous suits against lenders, mortgage brokers, servicers, insurers, and credit card issuers.
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