News Archives

Category Archives: News

Webinar: Maurice Wutscher’s Shannon Miller to Review Motion to Compel Arbitration Strategies

May 25, 2023 — Maurice Wutscher attorney Shannon P. Miller will review the basics of using a motion to compel arbitration as an effective defense tool during an RMAI webinar on Wednesday, May 31 at 9 am PT.

The webinar will also cover common factual and legal hurdles that may need to be overcome for a successful motion, as well as recent caselaw affecting how to present and litigate a successful motion to compel arbitration.

To register for the Receivables Management Association International webinar, click here.

Shannon P. Miller is a principal attorney in Maurice Wutscher’s Pennsylvania office, where he focuses his practice on various aspects of financial services law with an emphasis on consumer financial services litigation. He has successfully represented healthcare and financial institutions and law firms across the country for claims filed under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and various state consumer protection statutes.

Maurice Wutscher’s Brady Hermann Quoted About Broker-Dealers’ Non-Solicit Dispute

May 17, 2023 — Maurice Wutscher attorney Brady Hermann spoke to AdvisorHub recently about a federal lawsuit filed by a small investment advisor against a larger competitor alleging claims for tortious interference with contracts and tortious interference with business relationships.

The dispute involves three advisors who allegedly breached their non-solicitation clauses and removed confidential customer information when they resigned to join the competing broker-dealer.

Mr. Hermann said the case will come down to what the competitor “knew and the communications it had with the brokers prior to and during their transitions.”

“Simply hiring new brokers is not improper and/or inducing a breach of contract,” he said.

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.

Maurice Wutscher’s Alan Hochheiser to Speak on How to Avoid Sanctions in Bankruptcy Proceedings at ABA Business Law Meeting

April 24, 2023 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will speak on “How to Avoid Sanctions in Bankruptcy Proceedings” at the ABA Business Law Section Hybrid Spring Meeting on Friday, April 28 at 2 pm PT.

Mr. Hochheiser and panel will discuss FRBP 9011, Section 105 and recent case law pertaining to sanctions in bankruptcy cases including stay and discharge injunction violations.

The meeting will be held in Seattle and online for those who wish to attend virtually. For more information and to register, click here.

Alan Hochheiser is a principal at national business and financial services law firm Maurice Wutscher LLP, where he advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. Mr. Hochheiser chairs the ABA Business Law Section’s Consumer Bankruptcy Committee. He has been named to Thomson Reuters’ list of Ohio Super Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

Webinar: Maurice Wutscher’s Brent Yarborough to Discuss Arbitration of FDCPA Claims

April 18, 2023 — Maurice Wutscher financial services attorney Brent Yarborough will discuss the influx of arbitration filings in Fair Debt Collection Practices Act cases during a webinar for AccountsRecovery.net on Friday, April 21 at 1 pm ET.

Consumers and consumer attorneys are filing more FDCPA cases via arbitration, hoping that collectors will be more willing to settle because the expenses associated with arbitration can be significantly higher than in court.

In this webinar, Mr. Yarborough and panel will break down this trend and what it means for the accounts receivable management industry.

To register for the complimentary webinar, click here.

Brent Yarborough is a principal at Maurice Wutscher LLP. He focuses his practice on regulatory compliance and the defense of consumer law claims.

Maurice Wutscher’s Donald Maurice to Speak on Proposals to Amend New York Debt Collection Rules

March 31, 2023 — Maurice Wutscher attorney Donald Maurice will discuss rulemaking efforts underway in both New York City and New York State that could change the process through which debts are collected in New York at the Credit and Collection News 18th Annual Conference in La Jolla, Calif. on April 12.

“Although NYDFS pulled its last proposed amendments, it will issue new amendments soon,” Mr. Maurice says. “Unless DFS makes significant changes, third-party debt collectors and debt buyers collecting consumer debt in New York State will need a top-down reassessment of their existing collection operations to comply with the amendments; and may find it difficult, if not impossible, to use Regulation F’s Model Validation Notice.”

The presentation will explore in depth New York issues impacting the credit and collections industry, both regulatory and litigation, including recent activity from the New York Attorney General.

For more information and to register for the conference click here.

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.

Maurice Wutscher’s Brady Hermann Quoted About Financial Advisors Seeking TROs Against Former Employers

March 30, 2023 — Maurice Wutscher attorney Brady Hermann was quoted in a recent AdvisorHub article in which he discussed the strategy of financial advisors preemptively seeking a temporary restraining order against their former employers and how that could potentially backfire.

“It could potentially open an advisor to counter claims that may not have been brought in the absence of the lawsuit, as well as the potential to pay significantly more in legal fees defending against those claims or potentially defending yourself in parallel litigation in another court,” Mr. Hermann said.

Maurice Wutscher’s Donald Maurice Appointed to New York City Bar Association’s Consumer Affairs Committee

March 14, 2023 — Maurice Wutscher financial services attorney Donald Maurice has been appointed to serve on the New York City Bar Association’s Consumer Affairs Committee.

As a committee member, Mr. Maurice will have the opportunity to help shape law and public policy by participating in such activities as drafting reports, commenting and testifying on legislation, submitting briefs, and participating in public service projects.

Webinar: Maurice Wutscher’s Brent Yarborough to Review FDCPA Compliance Strategies

Feb. 24, 2023 — Maurice Wutscher financial services attorney Brent Yarborough will explain what defines harassment under the Fair Debt Collection Practices Act and how to stay in compliance during a webinar for AccountsRecovery.net on Tuesday, Feb. 28 at 1 pm ET.

What defines harassment under the FDCPA? Often, it is judges who are left to make that distinction, making the definition of harassment not always as black-and-white as collectors wished it was.

In this webinar, Mr. Yarborough and panel will help codify what defines harassment under the FDCPA and explain best practices to help companies comply with the law.

To register for the complimentary webinar, click here.

Brent Yarborough is a principal at Maurice Wutscher LLP. He focuses his practice on regulatory compliance and the defense of consumer law claims.

Maurice Wutscher’s Donald Maurice Explains Proposals to Amend New York Debt Collection Rules in Westlaw Today

Feb. 15, 2023 — Maurice Wutscher attorney Donald Maurice has published an article, “The two New Yorks and their proposed debt collection rules,” on Thomson Reuters Westlaw Today.

In the article, Mr. Maurice reviews rulemaking efforts underway in both New York City and New York State that could change the process through which debts are collected in New York.

“New York City may exclude creditors, but certain creditors may be pulled into DFS’ regulations if they acquire portfolios of consumer debt,” he writes. “If the DFS proposals are adopted in their present form, third-party debt collectors and debt buyers collecting consumer debt in New York State will need a top-down reassessment of their existing collection operations to comply with the amendments; and may find it difficult, if not impossible, to use Regulation F’s Model Validation Notice.”

Maurice Wutscher Attorneys to Speak on Data Privacy, Compliance at RMAI Conference

Feb. 1, 2023 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will speak on data privacy, compliance, legislative, and regulatory matters impacting the receivables management industry at RMAI’s annual conference in Las Vegas Feb. 6-9.

Mr. Hochheiser will discuss current issues in the receivables management industry and share insights on how to mitigate risk and stay compliant.

Mr. Maurice will give a talk on ethics-driven compliance management and participate in a session reviewing new state and federal laws and regulations impacting the receivables management industry. He will also discuss federal developments in data privacy and security laws and regulations.

For more information about the Receivables Management Association International conference, click here.

Donald Maurice is outside counsel to RMAI. He 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. He has been named to Thomson Reuters’ list of New Jersey Super Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

Webinar: Maurice Wutscher’s Alan Hochheiser to Discuss Best Practices in Consumer Bankruptcy Matters

Jan. 20, 2023 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will discuss best practices for the accounts receivable management industry concerning consumers who have filed for bankruptcy protection during a webinar Thursday, Jan 26, at 1 pm ET.

In this webinar, Mr. Hochheiser and panel will break down what creditors and collectors need to know about consumers and bankruptcy.

“What You Need to Know About Consumers and Bankruptcy” is being presented by AccountsRecovery.net. To register for the complimentary webinar, click here.

Alan Hochheiser is a principal at national business and financial services law firm Maurice Wutscher LLP, where he advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. Mr. Hochheiser chairs the ABA Business Law Section’s Consumer Bankruptcy Committee. He has been named to ALM’s list of Cleveland’s Top-Rated Lawyers and is peer-rated AV Preeminent by Martindale-Hubbell, the worldwide guide to lawyers.

Maurice Wutscher’s Shannon Miller Takes a Closer Look at Medical Debt and How It Is Being Regulated in Westlaw Today

Jan. 17, 2023 — Maurice Wutscher attorney Shannon P. Miller has published an article, “Regulating medical debt collection: A 2022 review and look ahead,” on Thomson Reuters Westlaw Today.

In the article, Mr. Miller discusses the record amounts of medical debt created by the COVID-19 pandemic. That coupled with “flaws in how medical services are billed and what understanding consumers have of their financial responsibility for these services” led to more regulatory activity of medical debt in 2022.

“Last year saw an influx of federal and state regulation aimed at what information must be conveyed to consumers in anticipation of the provision of medical services as well as restrictions on the collection of medical debt. Expect more activity in 2023,” he writes.

To read the full article, click here.