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Briefing Call: The CARES Act Paycheck Protection Program (PPP)

Posted By Jim Podewitz, Tuesday, April 21, 2020
Updated: Tuesday, April 28, 2020

Briefing Call sponsored by:

    

Recorded Tuesday, April 28, 2020.

 

Listen to the Briefing Call here.

 

Many small business owners have received funding under the CARES Act Paycheck Protection Program (PPP) and it is vitally important for these businesses to focus on the eligible uses of loan proceeds and maximize the amount of forgiveness each business can receive. This program will include a discussion on the loan forgiveness provisions within the CARES Act and subsequent guidance issued through Interim Final Rules and authorized FAQs from the Department of Treasury.

 

Speaker:

 

Kiamesha Colom, Taft Stettinius & Hollister LLP

Kiamesha-Sylvia G. Colom is a partner at the firm Taft Stettinius & Hollister LLP and Chair of the firm’s COVID-19 SBA Task Force. She focuses her practice in the areas of real estate transactions, real estate lending and commercial finance transactions and related business transactions. Kiamesha has extensive experience closing SBA, USDA and conventional commercial loans for commercial lenders and borrowers related to real estate, equipment, machinery and C&I lending. Her extensive base of knowledge covers an array of commercial loan types, including government guaranteed lending, asset based line of credits, term loans, real estate transactions and construction loans. Additionally, Kiamesha has assisted banks with recovery of yearly financial documents, past due funds, liquidation and government guaranteed purchasing processes.

 

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Briefing Call: Third Circuit Court of Appeals Resolves Massive Split

Posted By Jim Podewitz, Thursday, April 16, 2020
Updated: Tuesday, April 28, 2020

Recorded Tuesday, April 21, 2020 

 

Listen to the Briefing Call here.

  

Join us for this NCBA Briefing Call, in which Andrew Schwartz with Gordon Rees Scully Mansukhani, LLP discusses the 3rd Circuit's recent en banc review of Riccio v. Sentry, why clarification of the “in writing” requirement in the 3rd Circuit was pursued, what does the decision mean to collectors, what does retroactive application mean, and what you should do if you changed the “in writing” language in your letter's 1692g(a)(3) notification in the 3rd Circuit.

 

Speaker:

 

Andrew Schwartz,  Gordon Rees Scully Mansukhani, LLP

Andrew M. Schwartz is a Partner in the Philadelphia office of Gordon & Rees and is a member of the Commercial Litigation, Professional Liability, and Bankruptcy, Restructuring & Creditors' Rights practice groups.

Mr. Schwartz' practice is largely devoted to matters regarding professional liability, concentrating on creditors' rights defense, defamation and privacy issues, business and commercial law, and legal malpractice matters. Mr. Schwartz defends all manner of financial institutions, debt servicers and buyers, auto finance companies, collection attorneys, student lenders, telecommunication providers, mortgage lenders and credit reporting agencies.

In 1991 Mr. Schwartz graduated from the "Great Books" program at St. John's College in Annapolis, Maryland, where he received his Bachelor of Arts degree. Mr. Schwartz attended Hofstra University School of Law in Hempstead, New York, and earned his juris doctor in 1996.

While earning his juris doctor, Mr. Schwartz served as a summer law clerk for the Honorable Zelda Jonas of the New York Supreme Court. He also assisted in the creation of an award-winning homeless advocacy group, representing indigent clients through the homeless advocacy group and criminal defendants through the Hofstra Criminal Justice Clinic. Mr. Schwartz received the Former District Attorneys of New York Criminal Justice Award in 1996. Additionally, Mr. Schwartz was a two-time recipient, 1994 and 1995, of the Hofstra Pro Bono award for service to the community.

 

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Briefing Call: Where is the CFPB Headed - A Discussion of Rule Making and the Potential Impact of Seila Law

Posted By Administrator, Thursday, April 9, 2020
Updated: Thursday, April 23, 2020

Recorded Thursday, April 23, 2020.

Listen to the Briefing Call here. 

The Consumer Financial Protection Bureau will be the subject of the April 23, 2020 briefing call to be conducted by Ron Canter, John Bedard, and Joann Needleman. Each of the panel members has experience in representing parties targeted by CFPB investigations and lawsuits. 
 
The briefing call will focus on the future of the CFPB – its longer awaited FDCPA rulemaking, the consequences of a final rule and how consumers and collectors would benefit from the rule, and what may happen to derail a final rule. The session will also discuss the potential impact of the Supreme Court’s decision in the Seila Law case on the continued operations of the Bureau.

Speakers:

 

John Bedard, Bedard Law Group, P.C. 

John Bedard is an AV rated attorney and nationally recognized authority on the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. He serves as counsel to several professional trade associations, including the Georgia Collectors Association. John is a published writer on industry topics and a former member of the Board of Directors of the industry's leading professional trade organization, ACA International, The Association of Credit and Collection Professionals. John is recognized by Collection Advisor magazine as one of the nation's top 50 most influential people in the collection industry. He serves as the State of Georgia Compliance Chairperson for ACA International and is a former Chairperson and Program Designation award recipient of ACA International's Members Attorney Program.

John is a nationally recognized speaker and travels the country training collectors and educating industry associations, clients, and vendors who provide products and services to the industry. John is licensed to practice law only in Georgia. John received a Bachelor of Science degree in Economics from the Pennsylvania State University and a Juris Doctor degree from Syracuse University College of Law. He has spent his entire career serving the credit and collection industries.


 

Ronald S. Canter, Esq, The Law Offices of Ronald S. Canter, LLC

Ronald S. Canter is the founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, MD. Mr. Canter is a noted speaker on creditors rights issues and has presented many seminars and continuing education programs to trade groups and Bar Associations. He has also been invited on several occasions by the Maryland Judicial Institute to lecture state court judges on consumer credit and debt collection issues. He has represented creditors, attorneys and collection agencies in complex litigation in both Federal and state courts. Mr. Canter has successfully prosecuted appeals before state and federal courts on several significant issues affecting the credit and collection industry. He appeared, as counsel of record for the National Association of Retail Collection Attorneys (NARCA) in Heintz v. Jenkins, the first Fair Debt Collection Practices case to reach the Supreme Court.

            
 

Joann Needleman, Clark Hill PLC

Joann Needleman is a partner in the law firm of Clark Hill PLC where she serves as the leader of the Consumer Financial Services Regulatory & Compliance Practice Group. Joann serves as a navigator to her clients seeking advice and guidance in the complex regulatory environment facing the financial services industry. She provides counsel, consultation, and litigation services to a wide array of financial institutions, law firms, credit reporting agencies, and debt buyers throughout the country. With extensive experience as a collection attorney, she understands the regulatory requirements expected from attorneys and non-attorneys in the credit and collection industry. A former member of the Consumer Financial Protection Bureau’s (CFPB) Consumer Advisory Board, Joann has been able to provide her clients with useful strategies in order to prepare for new areas of regulatory scrutiny.

Joann is frequently quoted in American Banker and The Wall Street Journal for her insight of the CFPB. Joann is a past President of the Board of Directors of the National Creditors Bar Association (NCBA).

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Briefing Call: How to Do the Right Thing When Collecting in a COVID-19 Environment: The Moral and Legislative Effects of Taking Missteps

Posted By Administrator, Thursday, April 2, 2020
Updated: Thursday, April 2, 2020

Recorded Tuesday, April 7, 2020

Listen to the Briefing Call here.

How do you balance the morality of collecting during the COVID-19 environment? Are you still sending letters, making outbound calls, suing or enforcing judgments? Join our panel as they explore issues of attorney professional responsibility and ethics for creditor rights attorneys in a time of national crisis and provide tools you can use to resolve these concerns. The panel will discuss the short-term versus long-term economic impact, the potential of legislative action to stop debt collection, and potential liability under FDCPA for collecting during this time. They will also discuss how to handle aggressive clients, and competitors that are continuing to seek active collections. This 45-minute discussion will raise perspective on a lot of the tough questions that our industry is facing as we balance the moral vs. economic impacts that the Coronavirus is causing us to stress about on a daily basis.
 
Speakers:

 

Don Maurice, Maurice Wutscher LLP

Donald Maurice focuses his practice primarily on representing consumer and commercial financial services companies, including financial asset buyers and sellers, depository institutions, third-party debt collectors, and other financial services providers. He successfully litigates for the financial services industry in state and federal courts. He has provided defense in individual and class action claims brought under the Truth in Lending Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Telephone Consumer Protection Act, Fair Credit Reporting Act and various state consumer protection laws. Don also assists clients before the Consumer Financial Protection Bureau and in the development and testing of debt collection compliance systems. He provides advice and counsel to attorneys in matters of professional responsibility and attorney ethics.

He is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers. His prior firm was named a “Go-to Law Firm for the Top 500 Companies” and a “Go-to Financial Law Firm” by Corporate Counsel.

Don has been retained as counsel for amicus curiae, in the United States Supreme Court and in federal Circuit Courts of Appeals, authoring briefs for a number of cases, most recently Crown Asset Management LLC v. Mary Barbato, No. 19-100 (U.S. Supreme Court 2019); and Rotkiske v. Klemm, No. 18-328 (U.S. Supreme Court 2019).

He is outside counsel to RMAI, serves on the governing Board of Regents of the American College of Consumer Financial Services Lawyers and is a member of the Governing Committee of the Conference on Consumer Finance Law. Don is a Fellow of the ABA’s American Bar Foundation and served as chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section from 2014 to 2017. Don has provided testimony on behalf of the receivables management industry before state legislatures.

Don is a frequent author of articles and other publications regarding consumer lending and litigation developments. In addition to publishing, Don speaks to national audiences on topics relevant to the financial services industry.


Don earned his Juris Doctor from Case Western Reserve University School of Law, and a Bachelor of Arts from Boston University. He is a member of RMAI, ACA International, the Mortgage Bankers Association, the American Bankers Association, the International Association of Privacy Professionals, and the American, New York, New York City and District of Columbia Bar Associations.

 

Scott Morris, Stephen Einstein & Associates, P.C. (Moderator)

Scott Morris is a Principal and the Chief Compliance Officer of Stephen Einstein & Associates, P.C. Scott recently joined the firm after a seven year career at Midland Credit Management, Inc., a wholly owned subsidiary of Encore Capital Group, where he helped design, implement and optimize Midland’s internal legal department. Both at Midland and Stephen Einstein & Associates he has worked on matters involving the CFPB, State Attorney General, federal, state and local regulations, in addition to, implementing Compliance Management Systems, improving operational and technological processes and providing management and leadership to numerous employees.

He earned his J.D., cum laude, in 2004 from New York Law School, his B.L.A, in 1998 from the University of Maryland, College Park. He is admitted to the bars of the State of New Jersey and New York.

He is a member of the NCBA Board of Directors and is Co-Chair of the Communications Pillar, Subcontractor Oversight Task Force, and Legal Recoveries Promotion Task Force, while he Chairs the Compliance Certification Program and the NCBA Political Action Committee (PAC).

 

 

Nathan Willner, National Creditors Bar Association

Nathan D. Willner serves as the Government Affairs Officer of the National Creditors Bar Association (NCBA). Prior to representing the NCBA in Federal, State and Regulatory matters and advocacy he was of Counsel for 11 years for the regional creditor’s rights firm of Lyons, Doughty & Veldhuis, P.C.  where he managed the firm’s Legislative Affairs and concentrated his Maryland law practice in the area of consumer retail litigation. Mr. Willner is the immediate past President of the Maryland-DC Creditors Bar Association and is a member of various other legal, community and service board organizations. He earned his undergraduate degree at Temple University and law degree from the University of Maryland School of Law. Mr. Willner has been a member of the Maryland Bar since 1990.

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Briefing Call: Where is the Constitution? Are Restrictions on Debt Collection Constitutional?

Posted By Jim Podewitz, Thursday, April 2, 2020
Updated: Thursday, April 2, 2020

Briefing Call sponsored by:

    

Recorded Monday, April 6, 2020.

Listen to the recorded briefing call here. (Member login required.)

Presenters: 
 

Ronald S. Canter, The Law Offices of Ronald S. Canter, LLC

Ronald S. Canter is the founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, MD. Mr. Canter is a noted speaker on creditors rights issues and has presented many seminars and continuing education programs to trade groups and Bar Associations. He has also been invited on several occasions by the Maryland Judicial Institute to lecture state court judges on consumer credit and debt collection issues. He has represented creditors, attorneys and collection agencies in complex litigation in both Federal and state courts. Mr. Canter has successfully prosecuted appeals before state and federal courts on several significant issues affecting the credit and collection industry. He appeared, as counsel of record for the National Association of Retail Collection Attorneys (NARCA) in Heintz v. Jenkins, the first Fair Debt Collection Practices case to reach the Supreme Court.

 

 

Manny Newburger, Barron & Newburger, PC

Manuel H. (Manny) Newburger leads the Consumer Financial Services Law Practice Group at Barron & Newburger, P.C., a national law firm based in Austin, Texas.  A well-known author on the FDCPA and similar laws, he has defended individual and class action lawsuits across the country and consulted to collection industry members throughout the U.S., India, the Philippines, and Canada. His practice group focuses on litigation, litigation management, and compliance. A Fellow of the American College of Consumer Financial Services Lawyers, Mr. Newburger has taught consumer law at the University of Texas School of Law since 1999. 

 

He is licensed to practice in Texas and Colorado and in nineteen different federal districts, eight federal courts of appeals, and the United States Supreme Court, and he has appeared as amicus curiae counsel in a number of high-profile consumer law cases.  He has repeatedly been recognized as a Texas Super Lawyer, and he is board-certified as a specialist in consumer and commercial law by the Texas Board of Legal Specialization. Barron & Newburger, P.C. has offices in California, Colorado, Florida, Georgia, New Jersey, New York Pennsylvania, and Texas.

 

 

Nathan Willner, National Creditors Bar Association

Nathan D. Willner serves as the Government Affairs Officer of the National Creditors Bar Association (NCBA). Prior to representing the NCBA in Federal, State and Regulatory matters and advocacy he was of Counsel for 11 years for the regional creditor’s rights firm of Lyons, Doughty & Veldhuis, P.C.  where he managed the firm’s Legislative Affairs and concentrated his Maryland law practice in the area of consumer retail litigation. Mr. Willner is the immediate past President of the Maryland-DC Creditors Bar Association and is a member of various other legal, community and service board organizations. He earned his undergraduate degree at Temple University and law degree from the University of Maryland School of Law. Mr. Willner has been a member of the Maryland Bar since 1990.

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Small Firm Forum Discussion: COVID-19 Staffing Issues

Posted By Jim Podewitz, Wednesday, April 1, 2020

Recorded Thursday, April 2, 2020

Listen to the briefing call here.

Our panel of peer moderators invites you to join in on the discussion as they take on some of the staffing issues they’re facing during COVID-19:

  • What is your policy for people who want to self-quarantine?
  • How are you handling the mandatory 80 hours of paid sick leave, for both COVID-19 and other illnesses?
  • What staff-reduction measures are you taking to reduce expenses, e.g. temporary layoffs, furloughs, and layoffs?
  • Are you under a mandatory shelter-in-place or other health order limiting movement of your staff, and how is that affecting employees coming to work?
  • What are the challenges and benefits you’re finding for having staff working remotely?
  • What challenges are your vendors  such as process servers – facing?

  

Moderators:

 

Stacy D. Stein is the founder of Mountain Peak Law Group, PC, a creditors rights law firm. Stacy graduated from California Polytechnic State University, San Luis Obispo where she majored in political science. After working for a California State Assemblyman for a year, Stacy moved to Colorado. Once in Denver, Stacy obtained her paralegal certificate and worked as a paralegal and office manager before going to law school at the University of Denver, Sturm College of Law. Throughout her legal career, working exclusively in creditors rights law firms, Stacy has gained extensive experience in consumer and commercial collections. As the head of small firm, Stacy is very involved in all aspects of the case management including processes, procedures, training, compliance, and litigation. Stacy is licensed and actively practices creditors rights law in Colorado, Nevada, New Mexico, Utah, and Wyoming.

 

 

 

Erik Stein is Director of Operations and Compliance at Mountain Peak Law Group, PC. Erik has an extensive background in business management. Starting his career in retail sales management, he has continued to advance his education and industry experience. His most recent position was working on the internationally renowned Stroke Team at Swedish Medical Center in Denver, Colorado. Now Erik is managing the operations, compliance, and business needs of the Mountain Peak Law Group. He is responsible for overseeing HR, IT, and firm accounts receivable, as well as assisting with vendor and client relations. Erik earned his Bachelor of Science in Business Management from the University of Phoenix and received his MBA from Regis University and he is a member of RMAI and NCBA. 

 

Kathryn Gamelin is an associate attorney at Mountain Peak Law Group, PC. Kathryn graduated from Colorado State University, Fort Collins, where she majored in English with a concentration in Creative Writing. She has experience as a legal assistant in a private firm and as a court clerk in criminal court. Kathryn received her J.D. from University of Denver’s Sturm College of Law where she competed in Moot Court on an Alternative Dispute Resolution team. She was admitted to the Colorado Bar in 2017, Utah Bar in 2018, and the Nevada, New Mexico, and Wyoming Bars in 2019. Kathryn is a member of the National Creditors Bar Association, Colorado Creditor’s Bar Association, and is a Certified Receivables Compliance Professional (CRCP).  Kathryn has also achieved her LEAN Black Belt from the Denver PEAK Academy and is passionate about process improvement. She spends her weekends running 5k races with her husband, cuddling her cats, and cooking.

 

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Briefing Call: The CARES Act from a Practical and Economic Standpoint: What Businesses Need to Know During COVID-19

Posted By Administration, Thursday, March 26, 2020

Recorded Friday, March 27, 2020

Listen to the briefing call here.

The CARES Act, recently passed by the U.S. Senate and is poised to be passed by the House as well, contains provisions for consumers, small businesses, sole proprietors, independent contractors, and other self-employed individuals to obtain loans and other relief necessary to the continued operation of their businesses during this national health crises.

Join John Fagan and Brendan Walsh with Markets Policy Partners as they explore the provisions of the Act and the economic impacts the Act may have. They will share with us their perspectives on:

  1. The compromises that were made in this bill;
  2. What else Congress might do;
  3. Logistics of distributing the money; and
  4. Worries over federal debt levels and the trickledown effect on state and local budgets in the future.

 

About Markets Policy Partners:

Markets Policy Partners’ mission is to provide sophisticated financial market analysis that is independent, accessible, and actionable for a broad public and private sector audience. We are seeking to widen and deepen the communication channels between the policy community and global financial markets, thereby facilitating more informed policymaking and allocation of public and private resources.

 

Presenters:

 

John Fagan

From 2014 until September 2018, John Fagan was Director of the U.S. Treasury’s Markets Room and prior to that was a Senior Macro Strategist for Discovery Capital Management, primarily responsible for Asian equity indexes, foreign exchange, and rates markets. John holds a M.P.A. from Harvard’s Kennedy School and a J.D. from Harvard Law School, and as the Harvard University Frederick Sheldon Traveling Fellow, he spent 2001-2002 in Bangkok, Thailand, researching legal reform and development in Thai capital markets. John graduated from Williams College in 1995 with a B.A. in Asian Studies.

 

 

 

Brendan Walsh 

From 2006 to summer 2018, Brendan Walsh was a Senior Analyst at Discovery Capital Management covering Global Financial Institutions and was part of the Global Macro Team focusing on macro data, rates, foreign exchange and equity indices. Brendan holds a M.A. from Fordham University in International Political Economy and Development and was an International Travel Fellow to Manila, Philippines in 2004 working on econometric forecasting models. He was also a Jesuit Volunteer Corps volunteer from 2000-2002 where he taught math and English in Pohnpei, FSM. Brendan graduated from the Honors Program at the College of the Holy Cross in 2000 with a B.A. in History.

 

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Briefing Call: An Inside Look: What Can Small Businesses Expect from Washington and the Nation’s Largest Banks

Posted By Jim Podewitz, Friday, March 20, 2020
Updated: Monday, March 23, 2020

From top: Ryan Blake & David Pommerehn

Recorded March 23, 2020.

As creditors rights law firms navigate the consequences of the current coronavirus pandemic, cash flow is becoming a critical aspect of keeping firms viable. Our guest speakers will give us the lay of the land for what is happening regarding the SBA’s Emergency Injury Disaster Loan Program, as well as insight into the stimulus proposal changes from Congress.

Speakers

  • Ryan Blake, Legislative Director for the Consumer Bankers Association
  • David Pommerehn, General Counsel for the Consumer Bankers Association

About the Consumer Bankers Association:

CBA is a trade association focused exclusively on retail banking. CBA's Bank Members include the nation's largest retail banks.

Listen to the Briefing Call here.

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Briefing Call: Business Continuity and Disaster Planning - Concerns and Solutions for Small, Medium, and Large Law Firms

Posted By Jim Podewitz, Thursday, March 19, 2020
Updated: Tuesday, March 17, 2020

From top: Jared Correia, Scott Morris, & Nathan Willner

NCBA's Nathan Willner talked with Jared Correia, Esq. of Red Cave Law Firm Consulting and Scott Morris of Stephen Einstein & Associates, P.C. - and member of the NCBA Board of Directors - about the timely issues of business continuity and disaster planning. 

They discussed the challenges faced by creditors rights law firms when working remotely, including remaining in compliance with their clients and with the FDCPA, keeping clear of privacy issues and their potential violations, and court interactions.

They also identified what your firm can do to keep the workplace safe for employees who can’t work remotely, including policies for cleaning and sanitation, and personal wellness habits. For those employees who can work remotely, they discussed some of the details of working virtually / remotely, and provided tips on the technology necessary for doing so.

 

Listen to the Briefing Call here.

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Briefing Call: An Overview of the CFPB's Proposed Time Barred Debt Rules

Posted By Jim Podewitz, Tuesday, March 3, 2020
Updated: Monday, March 23, 2020

From top: Joann Needleman, Brit Suttell, & Nathan Willner

NCBA's Nathan Willner talked with Joann Needleman with Clark Hill, PLC and Brit Suttell with Barron & Newburger, P.C. to discuss the CFPB's Supplemental Notice of Proposed Rule Making on Time Barred Debt.

Find out:

  • What members need to know about the supplemental proposal
  • Should members respond?
  • Is NCBA going to respond?

 

Listen to the Briefing Call here.

 

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