David K. Stein. Partner. Professional & Community Activities

Transcription

1 David Stein is chair of Bricker & Eckler's Banking & Financial Services group and maintains a national practice in this area of law. He advises businesses on consumer-facing issues, including real estate, privacy, credit reporting, technology, data security and e-commerce. The core of his practice is federal and state financial services litigation and regulatory compliance. David represents banks, lenders, credit unions, insurance companies and mortgage servicers in complex litigation, class actions, defense of regulatory enforcement actions and compliance management. He also represents businesses and their vendors with transactional matters, data security strategies and crisis response, as well as prosecution of claims involving unfair competition and restrictive covenants. A veteran in the financial services industry, David spent more than two decades in roles as in-house and outside counsel for national independent lenders and servicers. He is known for guiding clients through significant challenges as a trusted advisor. I know what it is like to sit in your chair is a phrase he often uses with his clients. Because of his unique perspective, he is able to guide his clients in all aspects of operations and legal oversight. David is nationally recognized authority in the area of trade practices, including advertising and sales practices. He is the author of the Social Media and Digital Advertising Compliance Resource Guide, published by the Mortgage Bankers Association. Long active in the financial services community, David has served on the Mortgage Bankers Association s Legal Committee, Litigation Subcommittee, Qualified Mortgage/ATR Task Force and Independent Banking Working Group. He is also a member of the ABA Business Law Section Consumer Financial Services Committee and the Columbus Bar Association s Financial Services Committee. Named as Top Lawyer in Financial Markets by Columbus C.E.O. magazine in 2015 and 2016, he is a nationally recognized speaker and frequently trains companies in matters concerning advertising and social media, fair lending, compliance and vendor management. CONTACT INFORMATION dstein@bricker.com INDUSTRIES & PRACTICES Banking & Financial Services Employment & Labor Cybersecurity Creditors' Rights & Bankruptcy Litigation COLUMBUS OFFICE Bricker & Eckler LLP 100 South Third Street Columbus, OH main fax Professional & Community Activities Senior Vice President & General Counsel for two national mortgage lenders Member, Regulatory and Legal Issues Committee, Mortgage Bankers Association Member, Litigation Sub-Committee, Mortgage Bankers Association Member, Financial Services Committee, Columbus Bar Association Mentor, Alumni Engagement Program, The Ohio State University Selected as a member of the Qualified Mortgage Working Group to prepare position paper on upcoming and proposed changes to HUD s QM proposal and CFPB s rule implementation, Mortgage Bankers Association Member, Social Media Regulatory Task Force, State of Ohio, Division of Financial Institutions, of 5

2 Professional & Community Activities - continued Member, Independent Mortgage Bankers Working Group, Mortgage Bankers Association, Member, Board of Advisors, Lenders One national mortgage cooperative, Vice President, Board of Trustees, Columbus Jewish Day School Past President, Congregation Tifereth Israel; Member, Board of Trustees Past Trustee, Columbus Jewish Federation Presentations & Published Works Speaker, "Social Media Policies: Balancing Employer Needs and Employee Rights," NBI's Human Resource Law Boot Camp, February 2018 Author, " Social Media and Digital Advertising Resource Guide, Mortgage Bankers Association (MBA), September 2016 Speaker, "The Latest RESPA and TILA Developments: CFPB Final Rule Changes That Are Impacting Regs X and Z, Implementation Challenges, Claims Trends and Best Practices for Compliance in Early Intervention, Loss Mitigation, Periodic Statements and Beyond," ACI's Bank & Non-Bank Forum on Mortgage Servicing Compliance, November 2016 Speaker, Social Media Regulations: Stay in Compliance and Capitalize on Customer Preferences," Lorman Institute, September 2016 Speaker, "Risk Management: Briefing the Board," MBA's Risk Management, QA & Fraud Prevention Forum, September 2016 Speaker, "Social Media," MBA's Regulatory Compliance Conference, September 2016 Speaker, UDAAP The Gift That Keeps Giving, Bricker & Eckler LLP s Midwest Financial Services Regulatory & Compliance Conference, August 2016 Speaker, "The New Age of Compliance," Loan Protector Client Conference, August 2016 Speaker, "The Closing Disclosure (Replaces the HUD-1 and Part 2 of TILA)," National Business Institute's Closing Real Estate Transactions Using the New TILA/RESPA Integrated Disclosure (TRID) Seminar, June 2016 Speaker, The Ubiquitous Presence of the CFPB: Rulemaking Updates and Everything You Now Need to Know About Being Compliant with the Big Brother of the Consumer Lending Industry," ACI s Consumer Lending Regulatory Compliance Conference, October 2015 Speaker, "Fair Lending Report: Disparate Impact Claims and the Fair Housing Act; Increased Enforcement by Regulators Including the CFPB; Using UDAAP Where Other Statutes or Regulations Fail; The Latest Litigation Strategies and Recent Themes and Issues," ACI s Residential Mortgage Litigation & Regulatory Enforcement Conference, September 2015 Speaker, Regulations Fail; The Latest Litigation Strategies and Recent Themes and Issues," ACI's Residential Mortgage Litigation & Regulatory Enforcement Conference, September 2015 Speaker, Cybersecurity: Protecting Borrower Privacy," MBA s Risk Management, QA & Fraud Prevention Forum, September 2015 Speaker, "Advertising & Social Media," AARMR s Annual Regulatory Conference, August 2015 Author, "Subtitle E: Dodd-Frank Mortgage Servicing Something Old, Something New, Mortgage Compliance Magazine, July of 5

3 Presentations & Published Works - continued Speaker, "Implementation of the TILA-RESPA Integrated Disclosure Rule: Clarifying Key Compliance and Interpretive Issues," ACI's Residential Mortgage Litigation & Regulatory Enforcement Conference, April 2015 Speaker, "Claims and Defenses Involving Background Check, Credit Dispute Investigation, and Debt Collection Litigation Under the FCRA and FDCPA; and CFPB Action and Examination in the Credit Dispute and Debt Collection Context Including Collection Litigation Post-CFPB ANPR and Survey," ACI's Consumer Finance Class Actions and Litigation Conference, January 2015 Speaker, "Social Media and Advertising Quality Control," SAI Global Compliance Webinar, January 2015 Author, "Social Media Compliance: There is no escape," Mortgage Compliance Magazine, November 2014 Speaker, "Class Actions and CFPB Enforcement Recent Developments," ACI Consumer Class Action Conference, October 2014 Speaker, "Third Party and TPO Oversight and Control," ACI Mortgage Litigation Conference, September 2014 Speaker, "Social Media: Pitfalls and Opportunities," Mortgage Bankers Association's Risk Management and Quality Assurance Forum, September 2014 Speaker, "Social Media and Advertising," Mortgage Bankers Association's Regulatory Compliance Conference, September 2014 Speaker, "Social Media Compliance and Concerns," Mortgage Bankers Association's Legal Issues and Regulatory Conference, May 2014 Speaker, "QM ATR/LO Compensation Compliance," ACI's Residential Mortgage and Litigation Conference, January 2014 Speaker, "CFPB Examination and Supervision," Mortgage Bankers Association's Regulatory Conference, September 2013 Speaker, "In-House Roundtable: How Corporate Counsel are Managing Consumer Finance Claims/Class Actions and Compliance Challenges," ACI's Consumer Finance Class Actions & Litigation, July 2013 Speaker, "New Examination and Supervision Paradigm Preparing for a CFPB Examination," Mortgage Bankers Association's Legal and Regulatory Conference, May 2013 Speaker, "CFPB Readiness Planning," ACI's Consumer Finance Class Actions and Litigation Conference, January 2013 Speaker, "Consumer Finance Litigation," ACI's Consumer Finance Class Actions and Litigation Conference, July 2012 Speaker, "Managing Mortgage Litigation," ACI's Residential Mortgage Litigation and Regulatory Enforcement Conference, March 2012 Speaker, "Proactive Litigation Prevention," ACI's Consumer Finance Class Actions and Litigation Conference, January 2012 Awards & Recognitions Named, "Top Columbus Lawyers (Financial Markets)," Columbus CEO Magazine, 2015 and 2016 Named, 100 Most Influential Mortgage Executives, Mortgage Executive Magazine, of 5

4 Awards & Recognitions - continued Named, "Top Corporate Counsel," Columbus Business First, 2012 Bar Admissions & Activities Admitted, State of Ohio Admitted, State of Florida Admitted, U.S. Court of Appeals for the 6th Circuit Admitted, U.S. District Court for the Northern and Southern Districts of Ohio Admitted, U.S. District Court for the Eastern District of Michigan Education Capital University (J.D., cum laude); Order of Curia; Notes Editor, Capital University Law Review The Ohio State University (B.A., political science) Experience HUD fair lending enforcement investigations and regulatory actions Successful defense of matched-pair based claims, defending lenders in response to alleged violations of the Equal Credit Opportunity Act and Fair Housing Act and facially inequitable credit data. CFPB and FTC investigations and enforcement Represented clients in formal CFPB and FTC investigations and the prevention of related enforcement actions. Regulatory enforcement actions defense Defense of state regulatory enforcement actions and inquiries in various jurisdictions throughout the U.S. Complex lending and loan servicing issues Defense of civil litigations related to complex issues associated with lending and loan servicing, including successful resolution of claims involving loan repurchase/indemnification, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Property rights of pawnbrokers Educated local and state government officials regarding the property rights of pawnbrokers in pawned items. State mortgage lending violations Defended a mortgage banker against allegations of multiple violations arising from a state examination. Development of compliance management systems For financial services companies of all sizes, developed tailored compliance management systems engineered to merge best practices with practical budget and operational realities. Fair lending, the Fair Housing Act and the Equal Credit Opportunity Act Defended a lender against allegations that a mortgage loan originator discriminated against potential borrowers based on race and national origin. 4 of 5

5 Experience - continued Defense victory for mortgage lender in federal court Secured dismissal of claims under the Fair Debt Collection Practices Act against a mortgage lender in federal court. 5 of 5