EMERGING ISSUES TRACK: Unpacking Administrative Law Evolution: Navigating Post-Loper v. Bright Landscape

Managing Director, Conforma Compliance Group LLC

Alfred Pitzner is a co-founder of Conforma Compliance Group, a practice providing regulatory management services to mortgage lenders. He leads the risk assessment, compliance strategy, CMS/CMP creation and cross-functional implementation for our clients. Having begun his career as an MLO, before moving to lead the compliance and litigation management function at one of the most established mortgage lenders and servicers in the Midwest, Pitzner has a deep understanding of business units, their concerns, and their needs. He built a compliance management system and program from the ground up at a time when the term CMS was new. Pitzner managed over 200 examinations conducted by HUD, VA, FNMA, FHLMC, GNMA, OIG and various state banking departments from California to New York. He participated in over 100 mediations and settlement conferences, bringing the vast majority to successful resolutions. Pitzner also argued positions with the DOJ, HUD, GNMA, FNMA and FHMLC as well as in state and federal court. He brings a solid understanding of compliance related risk and a deep expertise in creating effective compliance solutions that create business value.

Partner, Orrick, Herrington & Sutcliffe, LLP

John Coleman represents banks, nonbank financial institutions, corporations and individuals in supervisory and enforcement matters initiated by government regulators, as well as in private civil litigation and internal investigations. He also counsels clients on compliance with consumer protection laws and supervision preparedness. Prior to joining Orrick, John was a partner at Buckley LLP, which he joined after 15 years in federal government service as a litigator and advisor to senior policymakers, most recently as Deputy General Counsel for Litigation and Oversight at the Consumer Financial Protection Bureau. He joined the CFPB soon after its creation in 2010 and was one of a core group of attorneys tasked with interpreting the authorities granted to the agency by the Consumer Financial Protection Act of 2010 and establishing the procedures by which the agency exercises those authorities. He was the first person to appear in court on behalf of the CFPB and was involved in every significant litigation matter in the agency’s history prior to his departure. As Deputy General Counsel, he managed the team of attorneys responsible for representing the Bureau in litigation, including appellate matters, and before congressional oversight bodies.

Member, Dykema Gossett PLLC

Joe is a member of Dykema’s Financial Services Litigation Practice Group (serving as assistant Practice Group Leader) and also Dykema’s multi-disciplinary Financial Industry Group (bankruptcy, regulatory & compliance, commercial lending and litigation), the combined expertise of which provides Dykema attorneys the foundation to provide advice and counsel to many of the country’s preeminent financial organizations. Joe leads a team that handles mortgage, credit card, retail bank and other consumer lending litigation issues in the Upper Midwest, CA and TX on behalf of one of the country’s largest financial institutions. Based on his experience and expertise managing a large portfolio of litigated matters, he regularly advises clients on root cause analysis to hopefully avoid litigation.

Partner, Hudson Cook, LLP

Mark helps consumer finance companies address and resolve contentious consumer disputes through negotiated settlements, arbitration, and individual and class litigation. He has defended clients in litigation and arbitration arising under a wide variety of state and federal consumer protection statutes including the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Fair Housing Act (FHA), Electronic Fund Transfer Act (EFTA), state unfair and deceptive practices laws, and other consumer protection laws. His clients include debt collectors, banks, mortgage servicers, and auto and installment lenders. Mark also regularly assists clients in response to government agency investigations and enforcement actions, primarily before the CFPB. An active leader in consumer finance law, Mark serves as co-chair of the Consumer Litigation Committee of the American Bar Association's Litigation Section, where he previously served as co-chair of the Subcommittee on FDCPA and TCPA litigation. He is also a member of the DC Bar's Litigation Community Steering Committee, which he previously chaired. He is an active member of the Mortgage Bankers Association and ACA International, where he serves as Attorney State Chair for the District of Columbia and previously served as the Attorney Division representative to the Council of Delegates (2019-2022).

Partner, Goodwin

Swank is a partner in the firm’s Consumer Financial Services Litigation and Complex Litigation and Dispute Resolution practices. Swank represents banks, non-bank financial institutions, and fintech companies in complex litigation and government enforcement matters. He has served as counsel of record in federal and state courts around the country and has represented numerous banks and fintech companies in investigations and contested enforcement actions brought by the Consumer Financial Protection Bureau, the United States Department of Justice, and the Department of Housing and Urban Development. Swank is particularly expert in advising clients and defending matters related to the False Claims Act (FCA), Fair Housing Act (FHA), and the alphabet soup of federal and state consumer finance laws, including RESPA, FCRA, ECOA, TILA, FDCPA, and UDAAP. Swank also co-lead’s Goodwin’s Consumer Finance Insights blog, the marketplace’s first resource for real-time reporting on the full range of public federal and state consumer finance enforcement activity, and co-founded and co-author’s Goodwin’s Consumer Finance Year in Review. Swank joined Goodwin in 2015 following his service as a law clerk to Chief Judge Alice M. Batchelder of the US Court of Appeals for the Sixth Circuit.