Category Archives: News

Maurice Wutscher’s Brady Hermann Discusses Compliance Concerns Over Brokers’ Excessive Trading in Own Accounts

May 6, 2022 ­— Maurice Wutscher attorney Brady Hermann spoke to AdvisorHub recently about the termination of a broker for excessive trading in his personal account and why brokers who trade frequently in their own accounts should tread carefully.

The Financial Industry Regulatory Authority requires firms to keep track of brokers’ trading as a way of protecting clients’ interests.

Mr. Hermann said compliance departments are paying attention to what financial advisors do in their personal accounts, looking for potential red flags that could lead to harmful conduct in client accounts. This is especially true if a broker is on heightened supervision.

“When brokers are on this heightened supervision, they have, obviously, a set of rules that they have to follow, and then if they break it, they typically get fired,” Mr. Hermann told AdvisorHub.

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 Donald Maurice Named 2022 Super Lawyer

April 6, 2022 — Donald Maurice, a partner at national business and financial services law firm Maurice Wutscher LLP, has been named a New Jersey Super Lawyer in the area of Class Action & Mass Torts.

Each year, only five percent of the lawyers in the state receive this honor. Super Lawyers is a Thomson Reuters rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Mr. Maurice provides counsel to businesses and financial services companies, successfully litigating matters in state and federal courts in individual and class actions. He has argued before various U.S. Circuit Courts of Appeals, and has been retained as counsel for amicus curiae in the U.S. Supreme Court and in the U.S. Circuit Courts of Appeals.

He also counsels clients in data privacy and other regulatory compliance matters and provides advice and counsel to attorneys in matters of professional responsibility and attorney ethics.

In addition to being a frequent speaker and author on consumer financial services law, he is outside counsel to Receivables Management Association International. He is a regent of the American College of Consumer Financial Services Lawyers, a fellow of the ABA’s American Bar Foundation and a former chair of the ABA’s Debt Collection Practices and Bankruptcy Subcommittee, Business Law Section.

Mr. Maurice is rated AV Preeminent, the highest rating given by Martindale-Hubbell, the worldwide guide to lawyers. A description of the selection methodology can be found at www.martindale.com/ratings-and-reviews/.

This communication is published by the law firm Maurice Wutscher LLP and may be considered attorney advertising under the ethical rules of certain jurisdictions. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Maurice Wutscher’s Shannon Miller Discusses New Guidance to Data Furnishers on How to Handle Medical Debt in Westlaw Today

April 1, 2022 — Maurice Wutscher attorney Shannon P. Miller has published an article, “Credit reporting agencies begin to roll out guidance to data furnishers on how to treat, report medical debt,” on Thomson Reuters Westlaw Today.

In the article, Mr. Miller discusses the guidance the three major credit reporting agencies are providing to data furnishers on how they should handle medical debt.

“As the [credit reporting agencies] have changed their policies and procedures, so too must the industry. Be sure that your compliance team is adjusting your policies and procedures regarding how medical debt is treated and data thereon furnished to be consistent with the … new directives. Furnishing data inconsistent with the … directives may potentially lead to consumer claims against such furnishers as well as consequences from the [agencies],” he writes.

To read the full article, 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 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 Shannon Miller Discusses Credit Reporting Agencies’ New Policy on Treating Medical Debt in Westlaw Today

March 29, 2022 — Maurice Wutscher attorney Shannon P. Miller has published an article, “Seeing medical debt in a new light, credit reporting agencies announce major change in how they will treat, report medical debt,” on Thomson Reuters Westlaw Today.

In the article, Mr. Miller discusses a statement from the three major credit reporting agencies that they are changing the way they will treat medical debt, with some of the changes to take effect this summer.

“Significantly, starting July 1, 2022, defaulted medical debt placed for collections and which has subsequently been paid will no longer be included in a consumer credit report issued by the three nationwide consumer reporting agencies…, diverging from what is permitted under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681c, which allows for delinquent accounts to be reported for up to seven years, whether it has been paid or not,” he writes.

To read the full article, 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 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 Alan Hochheiser to Speak on Current State of Bankruptcy and Fraud Litigation

alan hochheiser

March 15, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will speak on the current state of bankruptcy and fraud litigation on March 24 in Newark, Ohio.

In his talk at the annual training conference of the Ohio Council on Welfare Fraud, Mr. Hochheiser will review the current state of bankruptcy filings and what to expect moving forward, provide solutions for recovery in bankruptcy proceedings, and discuss current litigation involving non-dischargeable issues for fraud and conversion.

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. He currently serves as chair of 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 Brent Yarborough to Discuss Defense Strategies for FDCPA Lawsuits at ACA International Conference

Brent Yarborough

March 8, 2022 — Maurice Wutscher attorney Brent Yarborough will discuss defense strategies for lawsuits brought under the Fair Debt Collection Practices Act at the ACA International IGNITE 2022 Conference on March 17 in Las Vegas.

In his talk, “Served Again! Let’s Talk Next Steps,” Mr. Yarborough will join a panel in discussing how to evaluate a lawsuit for defense or settlement, how to evaluate jurisdiction, what are the necessary facts, when to outsource to local counsel, when to handle in-house, and when to consider bringing out big industry players.

For more information and to register, 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 Brady Hermann Quoted About Brokers’ Efforts to Vacate FINRA Award

Feb. 24, 2022 ­— Maurice Wutscher attorney Brady Hermann was quoted in a recent AdvisorHub article about two brokers’ attempt to vacate a Financial Industry Regulatory Authority award denying their request to expunge termination language their former employer included on their Form U5.

The brokers argued the award, issued in November 2021 by a FINRA panel, should be vacated as the arbitrator who chaired the panel failed to disclose his prior work for their former employer.

Mr. Hermann said an arbitrator’s failure to disclose his contract work for the company over a decade ago was unlikely to be considered a substantial relationship with a party and, therefore, they were unlikely to succeed on vacating the award.

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 Attorneys to Speak on Bankruptcy, Compliance at RMAI Conference

Donald Maurice
alan hochheiser

Jan. 31, 2022 — Maurice Wutscher attorneys Alan Hochheiser and Donald Maurice will speak on bankruptcy, compliance, legislative, and regulatory matters impacting the receivables management industry at RMAI’s annual conference in Las Vegas Feb. 7-10.

Mr. Hochheiser will discuss the current state of bankruptcy litigation, including the interest, fees, and costs issues of FRBP 3001 and stay violations, and the status of proposed bankruptcy legislation.

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.

For more information about the Receivables Management Association International conference, 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. He currently serves as chair of 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.

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’s 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 Speak on Collecting From Consumers in Bankruptcy

alan hochheiser

Jan. 24, 2022 — Maurice Wutscher bankruptcy practitioner Alan Hochheiser will share his insight on what creditors should do when faced with collecting from consumers who have filed for bankruptcy protection during a webinar Thursday, Jan. 27 at 1 pm ET.

Successfully navigating the compliance issues that arise when dealing with bankruptcy cases can offer significant benefits to companies in the accounts receivable management industry. In this webinar, Mr. Hochheiser will join a panel of legal and compliance practitioners as they walk through everything companies need to know when consumers file for bankruptcy protection.

“What You Need to Know About Consumers Who Have Filed for Bankruptcy Protection” 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. He currently serves as chair of 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 Brady Hermann Quoted About Brokers’ Promissory Note Cases

Jan. 17, 2022 ­— Maurice Wutscher attorney Brady Hermann was quoted in a recent AdvisorHub article about promissory note cases involving brokers who leave for competing firms and the risks brokers face in fighting them.

“It’s not uncommon for a departing broker to try to extricate themselves from note obligations, even though counterclaims are rarely successful and often lead to a broker paying more than if they had reached an agreement with their firm when they left,” Mr. Hermann said.

“’These tend to be very clear cut cases and usually result in the broker being liable for significantly more than the outstanding balance on the note since arbitration panels typically award firms interest, costs and attorneys’ fees pursuant to the terms of the promissory notes,’” 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.

Webinar: Maurice Wutscher’s Donald Maurice to Discuss NY State’s New Consumer Credit Laws

Donald Maurice

Jan. 4, 2022 — Maurice Wutscher attorney Donald Maurice will join a panel in examining new consumer credit laws passed by the New York Legislature in 2021 during an RMAI webinar Wednesday, Jan. 5, at 12 pm ET.

The panel will take a closer look at the new laws and their impact on the receivables management industry and discuss what legislative and regulatory changes may be coming in 2022.

To register for the Receivables Management Association International webinar, 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 Broker Arbitration Challenges

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.