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Handling a Law Firm Data Breach

Posted By Administration, Tuesday, May 8, 2018
Updated: Thursday, July 26, 2018

Recorded Tuesday, May 8, 2018

  

Corporate cyber breaches and attacks are in the news headlines across the world almost daily. In general, the legal industry has in remained below the standards for other industries in managing its own digital security, leading to vulnerability for hackers and providing great risk to law firm clients. Find out:

  • What recent cases and situations have been serving as wake up calls for law firms?
  • Do lawyers have any responsibility of their own when it comes to digital security?
  • How should a law firm manage its communications if a breach happens?
  • How can its reputation be repaired?

One of the country's foremost legal PR strategists who counsels on crisis communications, Vivian Hood, CEO/Owner, Public Relations of Jaffe Associates will share insights and tips for law firms to help them prepare for, prevent and manage a data breach. 

 

Presenter:

Vivian Hood, Jaffe Associaties 

An experienced PR professional to the legal industry and one of Lawdragon's "100 Leading Legal Consultants and Strategists," Vivian Hood delivers critical counsel surrounding high-profile litigation, sensitive matters and crisis management. Law firms rely on Vivian and trust her guidance when it matters most.

An owner of Jaffe, the legal industry's full-service marketing, branding and PR agency, Vivian balances her responsibilities between managing the agency’s relationships with clients and staff, and providing clients with high-level and strategic PR account leadership, directing teams that execute and implement successful legal media relations programs.

Vivian is active with Legal Marketing Association and is a frequent speaker to lawyers and legal marketers, as well as a published author on a range of legal marketing and PR, crisis communications, and media relations topics.

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CFPB’s Successor in Interest Rules Took Effect April 19, 2018

Posted By Administration, Wednesday, April 25, 2018
Updated: Thursday, July 26, 2018

Recorded Wednesday, April 25, 2018

  

Learn how the Successor In Interest ("SII") Rules may impact you and your practice.

 

Presenters:

Caren Enloe, Smith Debnam Narron Drake Saintsing & Myers, LLP 

Caren Enloe is a partner with Smith Debnam in Raleigh, NC and leads the firm’s consumer financial services litigation and compliance group.  For over twenty five years, Enloe has been a risk manager, defending the consumer financial service industry in litigation involving alleged violations of state and federal consumer protection statutes and providing compliance services to the same sector regarding various federal and state consumer protection statutes. Enloe serves as the Member Attorneys Program State Chair for North Carolina, as a member of the Editorial Board for the Compliance Professionals Forum and as a vice chair for the American Bar Association’s Debt Collection and Bankruptcy Subcommittee. She is an active member of ACA International, National Creditors Bar Association, the American Bar Association’s Consumer Financial Services Committee and the North Carolina Creditor’s Bar Association. Enloe speaks regularly on current trends and issues involving consumer financial services.

 

Jeff Rogers, Smith Debnam Narron Drake Saintsing & Myers, LLP  

Jeff Rogers concentrates his practice in the area of creditor representation, including collections, commercial litigation, real property litigation, foreclosure, collateral recovery, bankruptcy, and creditor defense. His clients include banks, credit unions, commercial lenders, finance companies, and businesses of all sizes. Jeff is a frequent lecturer at Continuing Legal Education seminars in the areas of Residential and Commercial Foreclosure, Bankruptcy, Collections, and Judgment Enforcement.

Jeff is a frequent lecturer at Continuing Legal Education seminars in the areas of Residential and Commercial Foreclosure, Bankruptcy, Collections, and Judgment Enforcement. He has lectured at seminars by various CLE providers, including Lorman Education Services and The National Business Institute. In addition, Jeff has made presentations to various community and civic clubs and has been a speaker at such events as The North Carolina Assistance Clerks of Court Conference.

 

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Seventh Circuit Joins Others on Debt Validation Requirements

Posted By Administration, Monday, April 9, 2018
Updated: Thursday, July 26, 2018

Recorded Monday, April 9, 2018

 

The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by verifying that its letters accurately conveyed the information received from the creditor.

Hear why the decision is good news for the debt collection industry and confirms the narrow obligations provided by section 1692g(b). The court’s decision joins decisions from the Fourth and Ninth Circuit which held similarly.

 

Presenter:

Caren Enloe, Smith Debnam Narron Drake Saintsing & Myers, LLP 

Caren Enloe is a partner with Smith Debnam in Raleigh, NC and leads the firm’s consumer financial services litigation and compliance group.  For over twenty five years, Enloe has been a risk manager, defending the consumer financial service industry in litigation involving alleged violations of state and federal consumer protection statutes and providing compliance services to the same sector regarding various federal and state consumer protection statutes. Enloe serves as the Member Attorneys Program State Chair for North Carolina, as a member of the Editorial Board for the Compliance Professionals Forum and as a vice chair for the American Bar Association’s Debt Collection and Bankruptcy Subcommittee. She is an active member of ACA International, National Creditors Bar Association, the American Bar Association’s Consumer Financial Services Committee and the North Carolina Creditor’s Bar Association. Enloe speaks regularly on current trends and issues involving consumer financial services. 

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Oliva v Blatt Update on the “Petition for a Writ of Certiorari” to SCOTUS Decision

Posted By Administration, Monday, March 26, 2018
Updated: Thursday, July 26, 2018

Recorded Monday, March 26, 2018

This podcast is a follow-up to the denied motion in the Blatt, Hasenmiller, Leibsker & Moore, LLC, petition for certiorari filed with the United States Supreme Court in the case Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC. The underlying case comes out of the 7th Circuit and presents two issues for the Court: (1) Whether good faith reliance on controlling circuit precedent, prior to any retroactive change in that law, is an unintentional “bona fide error” and a procedure “reasonably adapted to avoid error” within the meaning of the “bona fide error” defense in the FDCPA; and (2) whether the due process clause prohibits punishment for conduct that was lawful when committed, but later prohibited by a retroactive change of law.

 

Presenters

John P. Ryan, Hinshaw & Culbertson, LLP

John Ryan litigates cases on behalf debt buyers, debt collection agencies and lawyers at all court levels.  He has received numerous significant decisions for industry members. John specializes in defending clients in high risk and high exposure class actions.  He is a partner at Hinshaw & Culbertson LLP, in Chicago.

David Schultz, Hinshaw & Culbertson, LLP

David Schultz represents debt buyers, debt collection agencies, lawyers, lending institutions and others in consumer litigation throughout the country, and has handled many precedent setting cases.  David also counsels organizations in the consumer financial services industry on risk management, compliance and regulatory matters.  He is a partner at Hinshaw & Culbertson LLP, in Chicago.  Mr. Schultz is the founder and past chair of the firm's Consumer Financial Services Practice. 

Click here to listen to the podcast

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Arbitration: "To Arb or Not to Arb, that is the Question?"

Posted By Administration, Wednesday, March 21, 2018
Updated: Thursday, July 26, 2018

Recorded March 20, 2018

Mitch Williamson provides an overview of arbitration as it relates to creditors rights practitioners. The discussion is to help provide a basis for making a decision as to whether arbitration is the best way to protect your client's interests when you have a choice and what to do when you don't. Learn how arbitration differs from mediation, the forums it can take place in, the mechanics involved in each forum (i.e. rules regarding presenting the case, discovery and the differences in how they have to be handled when compared with the court rules), and in which states and federal districts there is mandatory arbitration, irrespective of contract language.

The discussion will then discuss some of the common issues relating to arbitration clauses, i.e. who decides whether a matter is arbitable where there is disagreement between the parties; can an arbitration decision be appealed, how and to whom, are arbitration awards enforceable and where. The issue of collecting attorney fees in relation to an arbitration will also be discussed and the impact fee shifting statutes might have as opposed to contractual language.

Presenter:

Mitch Williamson, a graduate of Rutgers University (1981) and New York Law School (1989), joined Barron & Newburger, P.C. in April 2016, opening its New Jersey office, representing law firms, debt buyers, collection agencies and other business in litigation and government investigations. He is RMA certified and has an AV-Preminant rating from Martindale-Hubble. Prior to joining B&N he was in-house defense counsel to Pressler & Pressler, LLP for 13 years. He is admitted in both the State and Federal Districts of New Jersey, and the State and all four Federal District courts of New York. Mr. Williamson has also been admitted repeatedly pro hac vice in the federal courts of Pennsylvania to handle litigation before those courts.  Prior to working in the creditors rights arena, Mr. Williamson specialized in complex civil litigation, primarily handling environmental coverage disputes, toxic torts, NASD Broker-Dealer disputes, labor disputes, professional malpractice claims, and other issues involving SEC regulations. Prior to practicing law, Mr. Williamson was a professional photojournalist working in this country and in Israel.

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Solo Lawyer by Design

Posted By Administration, Tuesday, March 20, 2018
Updated: Thursday, July 26, 2018

Recorded March 20, 2018

NARCA Executive Director Mark Dobosz interviewed author Gary P. Bauer regarding his book Solo Lawyer by Design: A Plan for Success in Any Practice. 

Gary P. Bauer has been committed to helping students and graduates succeed in the business of law. Solo Lawyer by Design: A Plan for Success in Any Practice is the culmination of his efforts and a ready reference to tap into his extensive experience. It will become a resource that enables the reader to better understand the opportunities and obstacles that may be encountered as a lawyer explores becoming established as a solo practitioner. This book is not designed to sell the idea of solo practice. In fact, it may offer valuable information that makes one decide that solo practice is not the right choice. Throughout the book, the author incorporates true stories to help demonstrate certain concepts.

Presenter:

Gary Bauer is a tenured Professor of Law and Auxiliary Dean at Western Michigan University, Cooley Law School in Lansing, Michigan where he has been employed full time since 1997.  He is the Director of the Sixty Plus Elderlaw Estate Planning Clinic which he established in 1999. He is also the current Chair of the ABA GP Solo, Small Firm Division Legal Educator's Committee. 

Professor Bauer has written numerous law journal articles and published multiple monographs in other professional publications. He has been a featured speaker at Michigan's Solo Institute and regularly is called upon to help practitioners, and the public alike, to better understand the principles of estate planning and practice management for lawyers. As past Chair of the Law Practice Management Section of the State Bar of Michigan, he was instrumental in the early formation and establishment of the Michigan Institute of Continuing Legal Education Solo Institute. He currently serves on that organization's Executive Planning Committee. In 2016 he was awarded the General Practice Solo Division of the American Bar Association's Trainer Award for 2016 and also recognized by the State Bar of Michigan with the Outstanding Achievement Award presented by that Bar's Solo and Small Firm Section in that year.

Professor Bauer has been very actively engaged in helping students and recent graduates prepare for the business of law either in solo or small firm practice. He conducts classes to train and assist law students to embark on careers which make sense for each of them. He has sponsored and maintained a Google Group as a listserv for over 350 grads and students in their efforts to communicate with one another and establish themselves in practice. He also published over 130 blogs in the last year and a half at sololawyerbydesign.com which is full of tips on how to succeed in practice.

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What's New in Social Media Marketing for Lawyers?

Posted By Administration, Monday, March 19, 2018
Updated: Thursday, July 26, 2018

Recorded March 19, 2018

As an attorney, there are a vast assortment of issues to consider when participating in social media, including tweeting jurors, messaging witnesses, friending judges, preservation of evidence, divulging client confidences, and following advertising ethics rules. Not to mention simply embarrassing yourself professionally—such as posting something that may not be unethical or a rules violation, but still makes you look stupid and goes viral like crazy.

The legal profession continues to struggle with fully wrapping its arms around the best way to use social media-related tools and formats. It is made all the more difficult by how rapidly the primary social media sites shift how they function. A social media presence is not something you can set up and simply let the status quo handle monitoring the profile, network, tools and settings for each. The bottom line is to stay vigilant and cognizant of changes in social media use for marketing purposes—because they do deliver dividends for every lawyer in some manner.

 

Presenter:

Micah U. Buchdahl is an attorney focused on assisting law firms with business development initiatives. He is Chair of the American Bar Association’s Standing Committee on Continuing Legal Education and a past chair of the ABA’s Law Practice Division. Micah is a faculty member of the Pennsylvania Bar Institute, where he has taught ethics courses for more than 15 years. Based in Moorestown, New Jersey, he is president of HTMLawyers, Inc., a law marketing consultancy.

Micah’s career experiences include working in the Philadelphia Municipal Court as a mediator and arbitrator, serving as associate corporate counsel with the Philadelphia Flyers and Spectacor, and directing NBA Photos, a marketing division of the National Basketball Association. He counsels law firms on ethics issues as they relate to legal marketing, advertising and the use of social media.

Prior to law school, he worked in marketing and public relations functions within the National Hockey League and Major Indoor Soccer League. He also served as a journalist for The Baltimore Sun. Micah attended Temple University both as an undergraduate (B.A., journalism) and later for Law School (J.D.). He is admitted to the Pennsylvania Bar.

Micah can be reached at micah@HTMLawyers.com or phone at (856) 234-4334.

 

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The Latest on Law Firms Dealing with the FDCPA and Foreclosure Cases

Posted By Administration, Monday, March 12, 2018
Updated: Thursday, July 26, 2018

Recorded Monday, March 12, 2018

In a recent case in the Eastern District of Pennsylvania, federal judge Judge Timothy J. Savage ruled that debt collection law firms are subject to the rules of the Fair Debt Collection Practices Act in cases dealing with mortgage foreclosures. What impact does this ruling have on NCBA members who litigate mortgage foreclosures?

 

Presenters

Joseph Messer, Messer Strickler, Ltd.

Joseph Messer is a partner with the Chicago based Messer Strickler, Ltd., attorneys who concentrate in defending attorneys, debt collection agencies, debt buyers, lending institutions and others in consumer lawsuits brought under state and federal consumer protection laws. He counsels firms throughout the country on legal compliance and risk management. Mr. Messer is a nationally recognized in the area of consumer litigation defense at the trial and appellate levels. He has been lead counsel in many class action lawsuits brought under various state and federal consumer laws, including the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA) and the Telephone Consumer Protection Act (TCPA).   Mr. Messer regularly presents for trade associations such as NARCA, ACA International and NAPBS.

Sidney H. Scheinberg, Goodwin Bowman & Martinez

Sidney H. Scheinberg chairs the Bankruptcy and Creditors Rights section of Godwin Bowman & Martinez, representing clients in complex and critical cases. Based in the firm's Dallas office, the primary focus of his practice is on bankruptcy and business litigation matters, with an emphasis on the representation of secured creditors, such as automobile finance companies and national banking associations. His clients have included such luminaries as Bank of America, Wells Fargo, Hyundai, Honda, Toyota Financial Services, Nissan and GM Financial.

A former radio broadcaster, he is a frequent speaker at National Association of Chapter Thirteen Trustees and National Creditors Bar Association meetings, and has taught a variety of Continuing Legal Education (CLE) courses on bankruptcy. Reflecting the excellence of his practice, he has been AV-rated "Preeminent" by Martindale-Hubbell, the organization's highest peer rating for legal skills and ethics, selected among the Top Lawyers in Houston byHoustonia Magazine, and has achieved a 10.0 "Superb" rating from Avvo, the highest attorney rating.

Stephen Turner, Lewis Brisbois Bisgaard & Smith

Stephen Turner, a partner at Lewis Brisbois Bisgaard & Smith, is the Chair of his firm’s national Consumer Litigation Defense and Financial Services Group. Mr. Turner has represented numerous financial institutions including mortgage brokers, payday lenders and national banks and has handled over 2,500 cases involving allegations of unfair debt collection practices from initial pleadings to trial and appeal. He has defended over 100 class actions involving allegations of unfair debt collection practices, violation of the TCPA, the FCRA and the California Penal Code. Mr. Turner also represents clients with regard to the Consumer Finance Protection Bureau. He assists with clients in preparing for, and responding to audits by the bureau.

 

Listen to the podcast here 

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Insights, Trends and Current Cases in Healthcare Debt Litigation

Posted By Administration, Monday, March 5, 2018
Updated: Thursday, July 26, 2018

Recorded March 5, 2018

Join Executive Director Mark Dobosz as he interviews Stefanie Jackman, partner at Ballard Spahr LLP, in looking to answer the following questions:

  • What are the biggest challenges facing healthcare collections today?
  • Are there any recent litigation trends arising that are unique to healthcare? 
  • If attorneys are revoking HIPAA consent and also requesting debt validation, how do I respond?  How much PHI can I disclose?
  • How do I respond to their accusation that I am just trying to make it difficult for consumers to resolve their disputes?
  • Does ERISA provide any avenue for attacking these self-funded plans?

 

Presenter:

Stefanie H. Jackman is a partner in Ballard Spahr’s Consumer Financial Services group.  Her practice focuses exclusively on complex litigation and compliance advice relating to all areas of federal and state consumer financial services laws.  She has handled dozens of federal and state enforcement actions and examinations involving collections issues, and regularly defends litigation involving the FDCPA, FCRA, and TCPA.  Ms. Jackman also regularly handles internal servicing and collections compliance assessments and portfolio due diligence for her clients.

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Go Motivate Yourself: Stop Chasing Gurus and Do the Hard Work

Posted By Administration, Wednesday, February 21, 2018
Updated: Thursday, July 26, 2018

Recorded Wednesday, February 21, 2018

NARCA Executive Director Mark Dobosz interviewed Francisco (“Frank”) Ramos, Jr., about his fifth book, Motivate Yourself: Stop Chasing Gurus and Do the Hard Work.

 

Presenter:

Francisco (“Frank”) Ramos, Jr. is the administrative partner of the Miami litigation boutique firm of Clarke Silverglate, P.A. The law firm represents corporate America in complex litigation including creditors rights matters. He serves on the board of the Defense Research Institute (DRI), is a member of the Federation of Defense and Corporate Counsel (FDCC), where he served as co-chair of the Deposition Boot Camp and serves as co-chair of the Art of Marketing Seminar. He is a Past President of the Florida Defense Lawyers Association and Past Chair of the Eleventh Judicial Circuit Historical Society. He has served on the boards of the Miami-Dade County Defense Bar Association, FIU Honors’ Alumni Association, FIU Alumni Association, Parent to Parent of Miami, Miami Legal Services and Florida Christian School.

Other books by Francisco Ramos, Jr.:

  • From Law School to Litigator
  • The Associates’ Handbook
  • Attorney Marketing 101
  • Training Your Law Firm Associates

He has written over 150 articles and has edited four books: The Defense Speaks, The Trial Tactics Defense Manual, The Deposition Manual andLeadership for Lawyers. You can find him on LinkedIn, where he regularly posts, or feel free to e-mail him at framos@cspalaw.com.

Motivate Yourself: Stop Chasing Gurus and Do the Hard Work is a free downloadable PDF - https://www.dri.org/docs/default-source/dri-for-life/publications/go-motivate-yourself_ramos_2017.pdf?sfvrsn=2

 

Listen to the podcast here

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