A Mistake of State Law: Is there a Bona Fide Defense to a Bona Fide Error?

Legal Learning Webinar

Thursday, June 10, 2021
2:00 PM - 3:00 PM (EDT)
Category: Webinars

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We will analyze the 9th Circuit’s decision in Kaiser v. Cascade Capital, LLC et al. and discuss it in the context of the history and evolution (and often erosion) of the BFE. We will also discuss the potential ethical implications the ruling may have for in-house and outside counsel regarding the duty to provide vigorous and competent representation to their clients. We will also talk about how to balance these issues with the need to document and justify the collector’s approach to an open question of state law for purposes of proving the defense.

There is no cost to attend this event. CLE is pending approval. Only NCBA members will be eligible to receive CLE for attending this event.

This webinar will be presented by associates from Gordon & Rees Scully Mansukhani:

  • Avanti Bakane 
  • Mary Curtin 
  • Andrew Schwartz 

As a lawyer by day and travel blogger by night, Avanti Bakane has global perspective that allows for understanding of diverse viewpoints and the value of her clients’ time. Publicly traded and smaller companies alike retain Ms. Bakane in areas such as complex class action, antitrust, breach of contract, and general commercial litigation with a focus upon consumer class action defense.

Mary Curtin is Senior Counsel in the Phoenix office of Gordon & Rees and a member of the firm's Commercial Litigation and Government Regulatory and Administrative Law, and Product & General Liability practice groups. Ms. Curtin returned to the firm after serving as Deputy Director of an education non-profit where she designed and implemented a million-dollar grant program for exceptional public schools throughout Arizona.

Andrew M. Schwartz is a partner in the Philadelphia office of Gordon Rees Scully Mansukhani, LLP (with offices in all 50 states), and maintains a national practice representing debt collectors, collection attorneys, student lenders, telecommunication providers, mortgage lenders, debt purchasers, auto lenders and background screening companies.  For more than 21 years, Mr. Schwartz has devoted his practice to creditors' rights defense. Mr. Schwartz is admitted in 10 federal districts, as well as the 2nd and 3rd Circuits. 

CLE Information

National Creditors Bar Association is a national provider of legal educational content. NCBA’s goal is to provide its members with as many opportunities as possible to earn Continuing Legal Education (CLE) credits. Some NCBA webinars state that they are pending approval. If a webinar is pending approval, it means that NCBA’s education staff is awaiting confirmation of approval for CLE credit from the accrediting body of a particular state; it should be noted that individual states have different response and approval rates. NCBA expects that the course will be approved for the credit amount and type listed, but approval is not guaranteed. An attorney can still take the course at their own discretion, though.

It is not uncommon for a course which is pending approval to not be approved until after the webinar has taken place. Once an official decision notice arrives from the state, NCBA will notify attorneys who have completed the course as soon as possible via email, and will re-issue any certificates of completion to reflect the updated state reporting numbers. However, it is recommended that attorneys do not view webinars that are pending approval close to their CLE deadline, as NCBA cannot guarantee that a course will be approved in time.

National Creditors Bar Association will seek MCLE accreditation, with the assistance of the ABA MCLE, for this webinar. NCBA will seek General CLE credit hours in 60-minute-hour states, and in 50-minute states, subject to each state’s approval and credit rounding rules. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. A link for CLE requests will be provided to webinar attendees who have met the attendance and engagement requirements.