Author Archives: Maurice Wutscher

Donald Maurice Writes of ‘Erosion of Lawyer Independence’ in Business Law Today Article

Feb. 15, 2016 — Maurice Wutscher’s Donald Maurice writes about “The Erosion of Lawyer Independence” in the current issue of Business Law Today.

In the article, Mr. Maurice examines the CFPB v. Frederick J. Hanna & Associates, P.C., et al., and the implications the decision portends for greater regulatory oversight of attorneys.

“If Hanna is adopted and remains unchallenged, attorneys will have little guidance on how they should proceed in consumer credit litigation. But of greater concern is that Hanna, if it stands, paves the way for federal, executive branch control over how all lawyers can represent their clients,” Maurice writes.

Business Law Today is published by the American Bar Association’s Business Law Section.

Maurice Wutscher Attorneys to Speak at DBA International Conference

Jan. 29, 2016 — Maurice Wutscher attorneys Donald Maurice and Eric Rosenkoetter will participate in several panel discussions at DBA International’s annual conference in Las Vegas Feb. 9-11.

Mr. Maurice will give a talk on ethics-driven compliance management. He will also participate in panel discussions concerning state legislative and federal regulatory developments, recent consent orders and enforcement actions, and current issues in debt buying.

Mr. Rosenkoetter will weigh in on a roundtable discussion of current issues for the receivables management industry. Topics will include an update on Crawford, Madden and McMahon as well as EFTA, FCRA, data and documentation, dispute resolution and more.

For more information about the conference, click here.

Donald Maurice to Discuss TCPA at ABA Winter Meeting

Jan. 5, 2016 — Maurice Wutscher attorney Donald Maurice will moderate a panel discussion regarding the Telephone Consumer Protection Act on Jan. 10 at the ABA’s Consumer Financial Services Committee winter meeting in Park City, Utah.

Panelists will discuss the impact of the FCC’s 2015 Rulings on TCPA litigation and examine recent lawsuits that have been filed against the FCC alleging the Rulings exceeded its authority. For more information about the meeting, click here.

Maurice Wutscher’s Patrick Kane Appointed a Hearing Officer of Calif. Horse Racing Board

Nov. 18, 2015 — Patrick Kane, an associate in the San Diego office of Maurice Wutscher, has been appointed to serve the California Horse Racing Board as a hearing officer.

Mr. Kane will assist the board in ensuring the integrity and safety of the racing industry. He will conduct and oversee hearings, adjudicate decisions and issue findings of fact and conclusions of law.

In his equine practice, Mr. Kane focuses on the representation of industry participants at administrative hearing and appeals, purchase and sale agreements, partnership and limited liability creation, gaming law, regulatory matters, and equine-related negligence actions.

Mr. Kane graduated from the University of San Diego School of Law. He obtained his undergraduate degree from the University of Arizona where he majored in Animal Science and was a graduate of the Race Track Industry Program. There, he received the Mildred Vessels Scholarship Award and the Race Track Industry Program’s Scholarship Award.

TCPA Webinar Today to Provide Latest Developments

Nov. 17, 2015 — Maurice Wutscher attorney Donald Maurice will join a panel of litigators today at 1 p.m. EST to discuss the latest developments in TCPA litigation since the FCC announced its Declaratory Rulings in July.

Presented by AccountsRecovery.net, the webinar will provide a comprehensive assessment of the legal landscape following this summer’s TCPA ruling.

Click here to register.

Maurice Wutscher Attorneys to Speak at Consumer Financial Services Conference

Nov. 4, 2015 — Maurice Wutscher attorneys will discuss the Telephone Consumer Protection Act, mortgage servicing, and attorney ethics at the Consumer Financial Services Conference at Loyola University Chicago School of Law.

Ernest Wagner will share his experiences in TCPA litigation on Nov. 19. Ralph Wutscher will lead a panel discussion on mortgage servicing issues on Nov. 20 and Donald Maurice will present on attorney ethics for financial services lawyers the same day.

Conference attendees will also hear from other leaders in consumer financial services law on fair lending/HMDA, UDAAP, arbitration, cybersecurity, CFPB regulation of automobile financial services, TRID implementation, the latest on flood and forced-placed insurance regulations, developments in state regulation of debt collection, bankruptcy and credit reporting, debt sales after the Madden decision and more.

The conference is organized by the Conference on Consumer Finance Law. Twelve CLE credits will be provided, including one hour of ethics. To view the conference brochure, click here.

Maurice Wutscher’s Donald Maurice to Speak at DBA’s California Regional Symposium

Oct. 29, 2015 — Maurice Wutscher attorney Donald Maurice will participate in DBA International’s California Regional Symposium on Nov. 12, along with representatives from DBA International and the debt buying industry. At the symposium, speakers will discuss the CFPB supervisory and enforcement processes and give their thoughts on what others should be looking at right now.

Topics will include:

Purchase terms and conditions
Data accuracy in both purchases and post-purchase operations
Document requirements, pre-litigation
Addressing oral disputes
Practices for telephone communications and, in particular, calls to cellular phones
Civil lawsuits for debt collection
Handling outside collectors and debt collection law firms
Affidavits used in collection lawsuits
Collecting debt potentially subject to an expired limitations period

Also on the agenda, representatives from the California Bankers Association and the California Collectors Association will discuss recent developments in California state law impacting originators, purchasers and debt collectors. In addition, speakers will discuss new laws in Maine and Illinois as well as pending legislation impacting debt purchasing and those who provide debt collection services. Register here.

Donald Maurice to Present on Ethics, Attorney Regulation at PACBA Meeting

Oct. 2, 2015 — Maurice Wutscher attorney Donald Maurice will discuss attorney ethics and state and federal efforts to regulate attorneys who practice debt collection law at the Pennsylvania Creditors’ Bar Association’s Seminar & Annual Meeting.

Topics will include:

Latest developments in the ABA Model Rules
State opinions and disciplinary actions
DBA International’s Certification Program for Attorneys
CFPB v. Hanna and other CFPB actions against attorneys and law firms
Protecting you, your firm and your clients against discovery demands, CIDs and other inquiries

The Annual Meeting offers five hours of Pennsylvania CLE and offers other top-quality programming. Registration for non-members is $175 and PACBA members pay $125. Register here.

Donald Maurice to Speak at Institute on Consumer Financial Services Basics

Sept. 24, 2015 — Maurice Wutscher attorney Donald Maurice will present on the latest issues in consumer bankruptcy and Fair Debt Collection Practices Act litigation at the Sixth Annual National Institute on Consumer Financial Services Basics on Oct. 8-9 in Arlington, VA.

The two-day program provides attorneys with up to 14 CLE credit hours and is presented by the Consumer Financial Services Committee of the American Bar Association’s Business Law Section and the Center for Professional Responsibility.

The institute is designed for attorneys new to consumer financial services law who want to learn from seasoned presenters with decades of practical experience in consumer finance. A classroom approach is used to review the history and background of consumer financial services and cover the fundamental laws that apply. Attendees will hear from regulators, consumer advocates, and industry representatives on the current state of affairs and what is on the horizon.

Key topics will include:

» History and development of federal and state consumer financial services laws
» Truth in lending and disclosure requirements
» Fair lending
» Financial privacy and credit reporting
» Data security, fraud prevention, and identity protection
» Consumer communications: FDCPA, TCPA, TSR, Can-Spam, and others
» Asset account regulation
» Installment lending
» Mortgage origination and servicing
» UDAAP
» Litigation and enforcement actions

To learn more about and to register for the program, visit www.shopaba.org/2015consumer. Colleagues of the program panelists will receive $100 off their non-government registration rate by entering discount code CE15CPDNIVIP at check-out.

DBA Webinar to Provide State Legislative, Regulatory Update

Sept. 10, 2015 — Maurice Wutscher attorney Donald Maurice and David Reid, director of Government Affairs for DBA International, will give a state legislative and regulatory update for the receivables management industry today during a DBA webinar at 12 noon ET.

The webinar will discuss the work of the DBA International State Legislative Committee to educate legislators, regulators and their staffs on the intricacies of the receivables management industry and how subtle changes to the law can have profound effects on businesses and consumers.

The committee has tracked more than 100 legislative proposals so far this year. The webinar will review the successes, top challenges, and bills of continuing interest to the DBA membership including:

California
District of Columbia
Illinois
Maine
New York
North Carolina
Oregon
West Virginia

For more information and to register, click here.

Maurice Wutscher’s Ralph Wutscher to Discuss Origination and Servicing Claims at MBA Conference

Sept. 9, 2015 — Maurice Wutscher attorney Ralph Wutscher will participate in a litigation forum, “Origination and Servicing Claims,” at MBA’s Regulatory Compliance Conference 2015 in Washington, D.C. on Sept. 20. He will be among a panel of expert counsel who will speak on the range of origination and servicing claims being brought against mortgage lenders and how they are being addressed.

The conference will be held at the Grand Hyatt Washington from Sept. 20-22 and will provide comprehensive updates on new rules and current interpretations of previously released rules, as well as practical tips and guidance, from the policymakers and regulators who impact the mortgage banking industry.

For more information, click here.

Donald Maurice to Chair Presentation on Debt Collection Litigation

Sept. 9, 2015 — Maurice Wutscher attorney Donald Maurice will chair a presentation on the latest developments in debt collection litigation and regulation on Sept. 18 at the American Bar Association’s Consumer Financial Services Committee Meeting in Chicago.

The presentation is part of the ABA’s Business Law Section Annual Meeting, which features more than 70 CLE programs prepared and presented by practice-area experts; topical sessions covering the latest business law issues; social events designed to facilitate networking and establish new contacts; and hundreds of committee and subcommittee meetings addressing developments in all areas of business law.

Click here for more information.