Dec. 20, 2021 — Maurice Wutscher attorney Brady Hermann spoke to AdvisorHub recently about the challenges a broker will face moving to vacate an arbitration award based on arbitrators allegedly excluding certain evidence at the hearing.
“Winning a motion to vacate would likely be even more of an uphill battle given courts’ reluctance to supersede arbitrator decisions and the high bar for vacature under the Federal Arbitration Act,” Mr. Hermann told AdvisorHub. “’This is a very difficult standard to meet.’”
Brady Hermann is senior counsel in the Boston and New York offices of Maurice Wutscher LLP. He regularly represents financial services companies including banks, broker-dealers, financial advisors, financial asset buyers and third party debt collectors in individual, class action and regulatory matters. He has successfully represented clients throughout the country against claims for violations of securities laws, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and various state consumer protection statutes.
Dec. 16, 2021 — Maurice Wutscher partner Donald Maurice was quoted in a recent MarketWatch article about post-judgment interest rates on outstanding debt owed by consumers.
Mr. Maurice, who is legal counsel for Receivables Management Association International, said RMAI’s members “don’t sit on judgments and any interest that would accrue on them during the intervening period wouldn’t offset collection costs.”
“’Persons who have judgments against them are financially distressed, the problem is not trying to collect more on the judgment, the problem is trying to collect any amount,’ he said. ‘It just doesn’t make sense that anyone who is practicing good compliant business practices is going to want to sit on judgments to accrue interest.’”
Donald Maurice represents the financial services industry, successfully litigating matters in appellate and trial courts throughout the country in individual and class actions and guiding businesses, trade associations and financial services companies nationwide in regulatory and compliance matters.
Dec. 15, 2021 — Maurice Wutscher partner Ralph Wutscher has been named a Fellow of the American Bar Foundation.
The Fellows of the American Bar Foundation is a global honorary society of attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.
Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are nominated by their peers and elected by the Board of the American Bar Foundation.
Ralph Wutscher focuses his practice primarily on representing consumer and commercial financial services companies, including depository and non-depository mortgage lenders, fintech companies of various kinds, credit card issuers, and loan servicers, as well as financial asset buyers and sellers, and other financial services providers. He also has substantial experience representing depository and non-depository auto finance companies. He represents the lending and financial services industry as a litigator, and as regulatory compliance counsel.