California Litigation Risks for Financial Institutions in 2018 and Beyond: What Lies Ahead?

Venue

This is a virtual event, accessible online and over phone. Access instructions will be provided after registration.

Description

This is a complimentary program sponsored by Manatt, Phelps & Phillips, LLP.

As a highly-regulated industry, financial institutions must ensure they’re keeping up with rapidly changing laws.  What are the game-changing litigation developments and trends affecting financial institutions for the remainder of 2018 – and how do are they impacting the industry?  Join us for this 90-minute webinar, sponsored by Manatt, Phelps & Phillips, LLP which will include a discussion of the newest and most significant California regulatory developments, including the California Consumer Privacy Act (CCPA), the Telephone Consumer Protection Act (TCPA), and recent court decisions impacting financial institutions.  This session will provide key strategies for ensuring that you are helping your organization stay compliant in a volatile regulatory environment.

Educational Objectives:

• Explore recent California cases and their potential impact, including the latest M&A and shareholder litigation cases, the recent decision in Eduardo De La Torre v. CashCall, and cases surrounding the use of bad-boy guarantees
• Gain insights into the recently enacted California Consumer Privacy Act (CCPA) and recent Telephone Consumer Protection Act (TCPA) litigation cases
• Find out how plaintiffs are using public injunctions to get around arbitration clauses and class waivers
• Understand how the #MeToo movement could impact financial institutions

Who would benefit most from attending this program?

Executives, business leaders, in-house counsel, and outside counsel working with the finance industry.

Presenters

Kevin Dwight
  • Partner, Litigation
  • Manatt, Phelps & Phillips, LLP

Kevin Dwight is a commercial litigator and trial lawyer. He represents plaintiffs and defendants in complex business litigation in state court, federal court and arbitration. He concentrates on cases involving real property disputes, securities and financial services litigation, and corporate shareholder and partnership matters. He has also developed extensive experience in franchise law litigation and trusts and estates litigation.

With clients including corporations, partnerships, franchisees and franchisors, trustees, beneficiaries, individual investors, and real estate developers, Kevin has significant experience with jury trials, bench trials, arbitrations and appeals.

A recipient of the State Bar of California’s Wiley W. Manuel Certificate for Pro Bono Legal Services, Kevin is committed to pro bono work and regularly provides legal services to the poor. He volunteers at a nonprofit dedicated to helping veterans obtain much-needed government benefits. He also regularly represents low-income tenants in San Francisco to negotiate settlements of unlawful detainer actions.

Phil Kaplan
  • Partner, Financial Services Litigation and Enforcement
  • Manatt, Phelps & Phillips, LLP

With litigation successes spanning more than 30 years, Phil Kaplan’s broad‐based trial practice includes cases involving securities, government procurement, technology, class actions, product liability, insurance, professional liability, real estate and environmental litigation. His clients range from large financial institutions, government entities and automotive companies to law firms.

Phil, who chairs the firm’s financial services litigation and enforcement practice, represents companies and shareholders in class and derivative actions alleging violations of the Securities Act of 1933 and the Securities Exchange Act of 1934, as well as fraud and nondisclosure under state blue sky laws. He also works on pre- and post-closing M&A dispute resolution, and special committee and governmental investigations.

In addition, for a variety of financial services firms, Phil litigates challenges over marketing and disclosure practices, dividend determinations and fee structures brought under the Investment Company Act of 1940.

In cases involving claims for breach of warranty, product liability, and unfair or deceptive practices, Phil represents companies from the automotive, battery, computer chip and medical device industries.

Phil represents the government in litigation involving the procurement and implementation of payroll and human resources systems.

Another component of Phil’s practice is litigating high‐stakes insurance coverage matters, including bad faith denial and improper claims and suits involving asbestos, environmental and medical product liability coverage.

Additionally, Phil works on private-party and administrative matters involving contribution, indemnity and regulatory compliance claims relating to environmental pollution, including cases about state enforcement and private cost recovery for groundwater contamination. He also handles disputes over commercial, industrial and residential developments, as well as claims against law firms over legal malpractice, conflict of interest, breach of fiduciary duty and fraud.

Barry W. Lee
  • Partner, Co-Chair Trial Practice Group, and Financial Services Litigation and Enforcement,
  • Manatt, Phelps & Phillips, LLP

Barry W. Lee is a partner in the San Francisco office, co chair of the Trial Practice Group, and co chair of the Financial Services Litigation and Enforcement Group. He focuses on commercial litigation and has extensive jury and bench trial experience encompassing a variety of areas, including real estate, banking lender liability, antitrust unfair competition, consumer class actions, environmental, construction, probate, securities, products liability, and insurance coverage.In addition to his trial work, Barry has been a contributing author to an antitrust treatise and has authored numerous articles and appeared as a speaker for the Practicing Law Institute on various topics, including trial practice, discovery, directors and officers liability, professional liability insurance for lawyers and accountants, and antitrust. Barry received his J.D. from the University of California, Hastings College of Law, Order of the Coif, where he was a member of the Thurston Honor Society and Associate Managing Editor of the Hastings Law Journal. He received his B.A., summa cum laude, from Duke University.

Brad Seiling
  • Partner, Litigation
  • Manatt, Phelps & Phillips, LLP

Brad Seiling represents clients in complex commercial litigation in both state and federal courts at the trial and appellate levels. Working primarily for clients in financial services, direct marketing, advertising, consumer products and healthcare, Brad litigates class action lawsuits brought under state and federal consumer protection statutes, including California's Unfair Competition Law.

Trying cases before judges, arbitrators and juries, Brad challenges class action claims at the pleading stage, litigates certification issues and negotiates complex class settlements. He defends settlements against objections and takes many cases to trial, including those claiming violation of consumer protection laws, misappropriation of trade secrets, insurance bad faith and legal malpractice. He finds the most effective and efficient way to resolve a dispute so a client can move on with its business.

For clients in advertising and direct marketing, Brad handles false advertising and deceptive practices claims. These disputes have involved negative option programs, sweepstakes promotions, Made in USA claims and compliance with various state and federal consumer protection statutes.

In the financial services industry, Brad’s clients include savings and loan associations, credit card companies, mortgage lenders, auto financing companies, and specialty lenders. He handles disputes concerning contractual and fiduciary duties, investment banking fees, leases, loan guarantees and losses resulting from forged checks.

Many of Brad’s financial cases allege violations of state and federal laws, such as the Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Electronic Funds Transfer Act, Fair and Accurate Credit Transactions Act, Unruh Civil Rights Act and Consumers Legal Remedies Act.

Additionally, Brad litigates commercial disputes and has represented insurers and policyholders in bad faith and coverage cases. He is active in firm management and co-chair of the Class Actions practice.

Continuing Education

Credits:
1.5 General COA, 1.5 CLE
Practice Areas:
Legal
Prerequisite:
A basic understanding of the laws and regulations applicable to the finance industry.
Level:
Intermediate
Production Date:
10/23/2018