On Tuesday, January 23rd, from 3-4 p.m. ET, Troutman Sanders attorneys David Anthony, Cindy Hanson and Tim St. George will present a webinar examining class actions under the Fair Credit Reporting Act. These class actions have surged, and they are a favorite vehicle for plaintiff’s counsel in both federal and state court.  Because of the outsized risk posed by such actions, effective planning and aggressive defense strategies can be the difference between an individual case and a truly bet-the-company class action.  Please join three highly-experienced FCRA class action litigators as they share their tips about how to defend against such class actions, as well as strategies on avoiding class actions in the first place.

One hour of CLE credit is pending.  

To register, click here.

 

On April 30th – May 1st, ACI will host its FinTech and Emerging Payment Systems conference at the Park Lane Hotel in New York City.

We are pleased to announce that Troutman Sanders Partner Keith Barnett will be speaking at a panel titled ” Examining the Evolving State Regulatory and Enforcement Paradigm Governing FinTech and Payments” at ACI’s Legal Regulatory and Compliance Forum on FinTech and Emerging Payment Systems conference on April 30th, 2018 at 11:15am.

FinTech and payment systems startups are burdened with a fractured and struggling regulatory system among the various states. As more and more FinTech startups and other “nonbanks” are entering into the market and aiming to provide financial services to consumers and businesses, they are faced with the reality that it can take several months and thousands of dollars in compliance fees to obtain regulatory approval to operate in just one state. Now, imagine the frustration that companies navigating our 50-state licensing regime are experiencing, as they are facing years and millions of dollars to launch a product nationwide, thus hindering their ability to get to market. During this session, a panel of state regulators will provide key insights on:

  • How states are reacting to new and emerging federal initiatives, including the OCC Fintech Charter to license FinTechs as special purpose banks
  • State-level initiatives aimed at modernizing and harmonizing financial regulation of non-banks and FinTech companies operating nationwide – The CSBS’ Vision 2020
  • State views on the Industrial Loan Charter option
  • Developments in state regulation of money transmitters, consumer lenders, bit licenses, payment processing, and beyond
  • Actions being taken to better align multi-state licensing, examination and supervision
  • Assessments and audits of state regulatory practices to better foster innovation without sacrificing safety, soundness or consumer protection

To register or obtain additional information, visit the ACI conference website.

For a 10% off speaker referral rate ($1,795), contact Nicole L. Pitti, Esq. directly and mention speaker Keith Barnett. Nicole can be reached via phone at 212.352.3220 ext 5534 or via email at n.pitti@americanconference.com.

On February 6-8, 2018, DBA International will host its annual conference – Play Your Best Hand – at the Aria Resort & Casino in Las Vegas.

We are pleased to announce to announce that Troutman Sanders partner David Anthony will present on a panel entitled, “De-tangling Licensing Requirements – Monitoring for Changes, License Maintenance, and Practical Considerations.” This session will discuss the importance of monitoring case law and legislation for potential changes to licensing requirements, crucial steps to take in managing licenses, including compliance with licensing requirements, and allocating appropriate resources for supervision by the regulator.

To register or obtain additional information, visit the RMA 21st Annual Conference website.

One of the largest data breaches in U.S. history, the Equifax breach has reverberating implications not only for the big three consumer credit reporting agencies, but for all organizations maintaining and transmitting protected information. Talks of universal data breach law immediately grew louder and within weeks, state Attorney Generals from Massachusetts to California, the U.S. Congress, the Federal Trade Commission, and private litigants, have launched investigations or filed lawsuits.

Join us for a complimentary webinar on January 30, 2018 from 3-4 p.m. ET featuring Troutman Sanders attorneys Mark Mao and Melanie Witte as they explore legal ramifications of Equifax’s breach, focusing on what every company should be asking and doing post-Equifax.

Scheduling conflict? Register to receive the recording after the event.

To register, click here.

 

On December 8, the United States Supreme Court agreed to decide whether the tolling rule adopted in American Pipe & Construction Co. v. Utah i.e., that the filing of a class action tolls the limitations period for a purported class member’s individual claims – permits a previously absent class member to bring a subsequent and otherwise untimely class action.

The federal appellate courts have split on that question.  The First, Second, Third, Fifth, Eighth, and Eleventh circuits have held that American Pipe tolling only permits subsequent individual actions.  However, the Sixth, Seventh, and Ninth circuits have held that American Pipe tolling also permits subsequent class actions.

In the case before the Supreme Court, China Agritech Inc. v. Resh, shareholders of China Agritech filed a putative class action alleging that the company committed securities fraud.  China Agritech moved to dismiss, arguing that the putative class action was filed after the applicable two-year limitations period had lapsed and was thus untimely.  In response, the plaintiffs argued that, under American Pipe, the action was timely because the limitations period was tolled during the pendency of two earlier-filed but defective class actions against the same defendants based on the same underlying events.

The district court granted China Agritech’s motion to dismiss, finding that the putative class action was untimely, but the Ninth Circuit reversed the district court’s decision.

The Ninth Circuit noted that the American Pipe tolling rule was adopted to “promote economy in litigation” and that, absent tolling, “[p]otential class members would be induced to file protective motions to intervene or to join in the event that a class was later found unsuitable.”  Relying in large part on that rationale, the Ninth Circuit then held that “once the statute of limitations has been tolled, it remains tolled for all members of the putative class until class certification is denied,” and that, at that point, members of the putative class are entitled to bring individual suits “either separately or jointly.”

In urging the Court to grant certiorari, China Agritech argued that the Ninth Circuit’s decision would lead to forum shopping.  The U.S. Chamber of Commerce agreed, arguing that the Ninth Circuit’s decision “erroneously extends a judicially created tolling doctrine to effectively eliminate Congressionally mandated statutes of limitations.”

The Court is expected to issue a decision in the case before the end of its term in June 2018.

On Tuesday, December 12, from 3-4 p.m. ET, Join Troutman Sanders for a webinar focused on a practical issue of great importance to mortgage loan originators and servicers: how to ensure confidential information is protected, when faced with an investigation by state or federal regulators.

The webinar will (1) outline the common law principles and statutory provisions implicating confidentiality for companies being investigated by federal and state regulators; (2) provide practical guidance on how to secure confidentiality agreements from regulators; and (3) discuss key provisions that should be incorporated into any confidentiality agreement with a regulator. This webinar will benefit counsel providing advice and analysis in litigation, compliance, and regulatory matters.

To register, click here.

We are pleased to announce that Troutman Sanders attorneys Ashley Taylor and Tim Butler will participate in a webinar panel discussion hosted by the American Bar Association on “State Attorneys General Series: Enforcement Agencies Confront Class Actions .” The event will take place on December 5, 2017 from 1:00 – 2:30 p.m. ET.

The still vibrant debate about the value of class actions has typically polarized the legal community. One side argues that class actions serve no legitimate purpose, as enriching class-action lawyers is not a legitimate purpose. The other side argues that class actions are essential to the preservation of rights, and that there is no other legal mechanism sufficient to accomplish what class actions accomplish.

This program dives into the debate about the value of class actions with state and federal regulators who work in the trenches to promote class action fairness. These regulators receive your CAFA notices, review your proposed settlements, and sometimes try to torpedo them. This webinar is your chance to hear from them them about their process and what they consider in their review.

For additional information or to register, click here.

We are pleased to announce that Troutman Sanders partner Ashley Taylor will moderate a webinar panel discussion hosted by the American Bar Association on “Defending Consumer Protection Actions on Multiple Fronts: Coordinating Joint CFPB and State AG Investigations and Settlements.” The event will take place on November 27, 2017 from 1:00 – 2:30 p.m. ET.

A panel composed of state Attorney General (AG) consumer protection prosecutors and defense bar experts will offer insights and debate best practices for practitioners whose clients are seeking to resolve consumer law-based liability with both the Consumer Financial Protection Bureau (CFPB) and one or more state AG offices simultaneously.

Topics will include:

  • Inter-governmental and inter-agency information sharing, confidentiality treatment, and public record laws (what investigatory targets should expect)
  • Concurrent jurisdiction of CFPB Act and state UDAP statutes
  • State and federal CID and subpoena authority
  • The mechanics of a joint settlement — federal and state practices and settling instruments
  • Post-settlement performance and compliance issues at the state and federal levels

For additional information or to register, click here.

We are pleased to announce that Troutman Sanders attorneys David Anthony, Keith Barnett, Ashley Taylor and Melanie Witte will be featured speakers at the upcoming Third Party Payment Processors Association (TPPPA) Executive Summit in Scottsdale, Arizona on November 8-9, 2017.

Troutman Sanders attorneys will participate in panels on topics including:

  • The Supposed End to Operation Chokepoint – Why Payment Processors Should Not Let Their Guard Down
  • Third-Party Risk – Managing Third-Party Risk in Third-Party Payment Processing: ISOs, Nested TPPPs and Vendors
  • Data Breach! – The Impact of High Profile Data Breaches
  • Opportunity is Knocking: How to be Strategic Rather than Reckless in Higher-Risk Industries and Products

For additional information or to register, click here.

We are pleased to announce that Troutman Sanders partner Ashley L. Taylor, Jr. will be moderate a panel at the Virginia Bar Association’s 23rd Annual Administrative Law Conference at the Troutman Sanders Richmond Office on November 9, 2017.

Ashley will moderate a panel entitled, “The New Look of Financial Regulation,” where the panelists will discuss many topics related to Dodd-Frank, the Consumer Financial Protection Bureau (CFPB), and the interplay between state and federal agencies in financial institutions regulation and enforcement.

For additional information or to register, click here.