LITIGATION FORUM TRACK: New York FAPA and "Junk Fees" Update

Simon A. Fleischmann

Partner, Locke Lord LLP

Simon Fleischmann is Deputy Chair of Locke Lord’s national Financial Services Litigation Practice Group. He advises banks and non-bank financial services providers in complex litigation and regulatory enforcement matters across the country. He has tried jury and non-jury cases, argued in federal and state courts of appeal, and effectively responded to investigations by the Consumer Financial Protection Bureau and the Illinois Attorney General. Most of the matters Fleischmann handles involve consumer-related operations, such as loan origination and modification practices, payment application procedures, website accessibility, online payment fees, collateral preservation procedures, default servicing procedures, debt collection, outbound calling practices and related technology.

Schuyler Kraus

Partner, Hinshaw & Culbertson LLP

Focusing on the intersection of regulation and litigation, Schuyler advises his clients on regulatory and compliance counseling matters, including complaints involving the Consumer Financial Protection Bureau (CFPB), as well as the State Attorney General's Office. Schuyler's clients not only benefit from his deep knowledge of the procedures and practices of the state and federal courts throughout New York—including appellate matters—but also his commitment to integrate and leverage technology to provide them with cost-effective options from intake to resolution. In addition, he represents numerous corporations and insurance carriers—in first party and coverage disputes—in state and federal litigation. Schuyler's practice has further included advising and representing attorneys, judges, and law firms in ethics, disciplinary, malpractice, and risk management matters. Schuyler has been active in the firm's management, serving terms on Hinshaw's Management Committee, the Executive Committee, and as co-chair of the firm's Consumer Financial Services Practice Group.

Aaron Mahler

Partner, Paul Hastings LLP

Aaron Mahler is a partner in the Financial Services - Investigations, Regulation, and Litigation group at Paul Hastings, and is based in the firm’s Washington, D.C., office. Mr. Mahler has established himself as a valued counselor for financial services companies and individuals navigating government enforcement, litigation, and regulatory matters. He focuses much of his practice on representing bank and nonbank financial institutions in government examinations, investigations, and enforcement actions. Mr. Mahler regularly counsels clients on issues dealing with intersecting business and compliance considerations where he develops practical solutions to defend clients against regulatory investigations and actions, including those involving the Consumer Financial Protection Bureau (CFPB), state attorneys general, the Federal Trade Commission (FTC), the Federal Deposit Insurance Corporation (FDIC), the Department of Housing and Urban Development (HUD), the Department of Justice (DOJ), and the Federal Reserve.