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20th Annual Consumer Financial Services Institute

 
Author(s): Alan S. Kaplinsky, Julia B. Strickland, John J. Roddy, Beth E. Terrell
Practice Area: Banking, Litigation
Published: Apr 2015
PLI Item #: 58266
CHB Spine #: B2162

Alan S. Kaplinsky is a senior partner and Practice Leader of the more than 110-person Consumer Financial Services Group at Ballard Spahr LLP in their 14 offices.  He devotes his practice exclusively to: (i) counseling financial services companies with respect to bank regulatory and transactional matters, particularly consumer financial services law, and (ii) defending them when they are sued by consumers and governmental enforcement agencies in individual and class action lawsuits.  Mr. Kaplinsky was the first president of the American College of Consumer Financial Services Lawyers, an organization founded in order to honor those lawyers who have made substantial contributions to the development of consumer financial services law.  He will this year receive the American College’s Lifetime Achievement Award at a ceremony in Montreal on April 9.  He is a past chair of the Committee on Consumer Financial Services of the Section of Business Law of the American Bar Association.  He has been named as a tier one banking and consumer financial services lawyer in the 2006-2015 editions of Chambers USA: America’s Leading Lawyers for Business, a directory of America’s leading lawyers.  He has also been named in The Best Lawyers in America under financial services regulation law and banking and finance litigation from 2007-2015.  For 21 years, he has annually co-chaired for Practicing Law Institute its Annual Institute on Consumer Financial Services in New York and Chicago.  Mr. Kaplinsky was named to the National Law Journal’s 2015 list of Litigation Trailblazers for pioneering work in the area of consumer arbitration and the use of class action waivers.  He was featured in the November 1, 2015 New York Times lead front page article about pioneering class action waivers in consumer arbitration provisions.  He is heavily involved in a wide variety of matters related to the Consumer Financial Protection Bureau (CFPB).  He was instrumental in launching a blog, CFPBMonitor.com, devoted to the activities of the CFPB.


John is a partner in Bailey & Glasser’s Boston office. His practice is devoted to representing consumers in class actions, challenging unfair and deceptive business practices, and serving as relator’s counsel in qui tam “whistleblower” actions. In the last two decades the settlements in cases he has litigated have returned more than $850 million to consumers harmed by marketplace misconduct. John regularly writes and speaks on class action practice and consumer financial services law, and has published dozens of articles on these topics. He is a fellow of the American College of Consumer Financial Services Lawyers, and serves on the Consumer Financial Services Law Report Board of Advisors, the Advisory Board of the Massachusetts Appleseed Foundation, and the National Consumer Law Center Partners Council. He is a member of the National Association of Consumer Advocates and the Volunteer Lawyers Project. 

John has co-chaired PLI’s Annual Consumer Financial Services Institute for the past 17 years.


Julia Strickland’s practice focuses on the defense of class actions and other complex actions, and she is widely recognized as one of the best litigators in the country. The Los Angeles Daily Journal has named her one of California’s “Top Women Lawyers” for ten years running, and leading corporate counsel named her a “Client Services All-Star” for her “uncanny ability to anticipate opposing counsel,” as well as being “very customer focused and practical” and able to “handle both complex and routine work – it’s rare to find that in a single lawyer.” She has also been honored by Super Lawyers (for outstanding work in Banking Law and as one of Los Angeles’s Top Women Lawyers), Benchmark Litigation (as both a top California litigator and one of the “Top 250 Women in Litigation”), the Los Angeles Times (as one of “Southern California’s Best Lawyers”) and The Best Lawyers in America, a peer-review publication partnered with U.S. News & World Report.

Ms. Strickland represents clients across a wide range of industries, and has experience with the full range of litigation issues confronting large companies, having defended hundreds of complex and class actions through all stages of the litigation process. Most recently, she obtained a decisive victory on behalf of Zappos.com, Inc., when the U.S. District Court for the District of Nevada dismissed a putative class action complaint arising from a data security incident the company suffered in 2012.

Ms. Strickland has also argued twice to the California Supreme Court as lead counsel on issues of critical concern in connection with the defense of class actions – Washington Mutual Bank v. Superior Court (Briseno) and Discover Bank v. Superior Court (Boehr), and has obtained landmark rulings with respect to the standards for nationwide certification of class actions and holding that California’s Consumers Legal Remedies Act does not apply to credit transactions. She also has successfully handled matters before the Second, Fifth, Eighth, Ninth and Eleventh Circuits, prevailing on issues including preemption, choice of law and arbitration. Ms. Strickland argued and prevailed before the Ninth Circuit in Chae v. SLM Corporation, an important decision affirming federal preemption of California contract and consumer-protection laws in the student-lending industry. She also recently argued and prevailed before the Fifth Circuit in Langley v. Chase Bank, a case involving credit card payment posting.

In addition to her experience defending complex and class actions through dispositive motion practice, trial and/or appeal, Ms. Strickland has settled all types of complex and class actions. She is versatile and creative in addressing settlement considerations, both legal and business, and in developing settlement structure options unique to the particular case. She also routinely represents companies in compliance counseling, regulatory proceedings and responding to claims by Attorneys General and other enforcement authorities.

Ms. Strickland began her legal career at Stroock in 1977. In addition to being a member of the Firm’s National Executive Committee, she has played a central role in the development of the Firm’s Los Angeles office.

Honors and Awards

  • Benchmark Litigation named Ms. Strickland a “Litigation Star” for 2016 and 2015. The publication identifies the leading trial attorneys and firms at the local and national levels.
  • Named by the Los Angeles Daily Journal as one of California’s “Top Women Lawyers” ten times, including in 2015.
  • Nationally recognized as a leading lawyer by Chambers USA: America’s Leading Lawyers for Business for work in Financial Services Regulation: Consumer Finance (Litigation).
  • Ranked by Super Lawyers since 2004, most recently as one of both “The Top LA Women Lawyers” for 2012 and for her outstanding work in Banking Law for 2013.
  • Named by the Los Angeles Times as one of “Southern California’s Best Lawyers” for 2012.
  • Recognized by leading corporate counsel as a member of the BTI Consulting Group’s “2011 Client Services All-Stars.”
  • Annually recognized by The Best Lawyers in America in the category of “Litigation – Banking & Finance” from 2010-2016.
  • Listed both as a top California litigator and one of the “Top 250 Women in Litigation” by Benchmark Litigation.

Memberships

  • Board of Directors, Center Dance Arts
  • Co-Chair, Board of Ambassadors, Los Angeles Music Center

Speeches and Events

Ms. Strickland frequently speaks on the topic of complex litigation. Annually from 1997 through 2015, Ms. Strickland has co-chaired the Annual Consumer Financial Services Institute for the Practising Law Institute. She also regularly speaks at PLI’s Class Action Litigation Institute. Ms. Strickland has also been a Guest Lecturer at UCLA Law School on the topic, “Negotiating and Drafting a Class Action Settlement Agreement.” She also speaks regularly to professional and trade groups, as well as to government bodies, such as the California Department of Consumer Affairs.

Recent presentations include:

  • Speaker, Los Angeles Client Advisory Council Meeting, September 25, 2014
  • Moderator, What to Expect From the New French Class Action Law Based on the USA’s and Canada’s Historic Experience, September 17, 2014
  • Speaker, “Ethics and Class Action Litigation,” PLI’s Class Action Litigation Strategies Conference, July 2011
  • Speaker, “Implications of AT&T Mobility v. Concepcion: Has the Supreme Court Sounded the Death Knell for Some Class Action?” 2011 ABA Center for Continuing Legal Education, July 2011
  • Speaker, “Overdraft Fee Litigation and Credit Card Developments,” PLI’s 16th Annual Consumer Financial Services Institute, February 2011
  • Speaker, “Cutting Edge Procedural Strategies in Defending Class Actions: CAFA, Class Certification and Beyond,” American Conference Institute’s 10th Annual Conference on Consumer Finance Class Actions & Litigation, January 2011
  • Speaker, Consumer Credit Litigation Update, EFC/NCHELP Student Loan Finance and Legal Meeting, 2010
  • Speaker, “Class Action Fairness Act (CAFA) Update: Four Years Later,” PLI’s Class Action LitigationProsecution and Defense Strategies, 2009

Publications

Ms. Strickland has authored a wide range of publications, including:

  • Co-author, “CFPB Strongly Signals its Intent to Ban or Severely Limit Class Action Waivers and Pre-Dispute Arbitration Agreements,” Stroock Special Bulletin, March 10, 2015
  • Co-author, “Class Action Settlements - Seventh Circuit Limits Injunctions of Competing State Actions and Ninth Circuit Clarifies Permissibility of Gift Cards and Incentive Awards,” Stroock Special Bulletin, March 6, 2015
  • “California Court Of Appeal Issues Important Federal Arbitration Act Preemption Ruling,” Stroock Special Bulletin, December 22, 2014
  • Co-author, “States Can’t Obtain Double Recovery in Class Settlements,” Daily Journal, November 19, 2014
  • “Recent Development: Ninth Circuit Rejects State’s Attempt to Obtain Double Recovery for Settlement Class,” Stroock Special Bulletin, November 11, 2014
  • “California Supreme Court Issues Important Federal Arbitration Act Preemption Ruling,” Stroock Special Bulletin, June 25, 2014
  • “Eleventh Circuit Holds That ‘Called Party’ For Purposes Of The Telephone Consumer Protection Act Means The ‘Subscriber’ Or ‘User’ Of The Telephone And Not The ‘Intended Recipient’ Of The Call,” Stroock Special Bulletin, June 9, 2014
  • “Important California Supreme Court Decision Regarding Use Of Statistical Sampling In Class Actions,” Stroock Special Bulletin, June 6, 2014
  • “Supreme Court In Mississippi ex rel. Hood v. AU Optronics Corp. Holds That State Parens Patriae Actions Are Not Removable Under The Class Action Fairness Act,” Stroock Special Bulletin, January 16, 2014
  • “Data Security and Privacy Issues – Important Recent Developments,” Stroock Special Bulletin, October 8, 2013
  • “New FCC Order Confirms Vicarious Liability Under The TCPA,” Stroock Special Bulletin, May 20, 2013
  • “Supreme Court’s Ruling in Genesis Healthcare Corp. v. Symczyk May Open New Class Action Defense Strategies,” Stroock Special Bulletin, April 19, 2013
  • En Banc Ninth Circuit Declines to Decide Arbitrability of Claims for Public Injunctive Relief, but Broadly Approves Use of an Opt-Out Mechanism to Defend Against an Unconscionability Claim,” Stroock Special Bulletin, April 12, 2013
  • “Arbitration Decisions Update and Overview,” Stroock Special Bulletin, April 4, 2013
  • “The Supreme Court’s Decision In Knowles And Its Impact,” Stroock Special Bulletin, March 20, 2013
  • “Supreme Court Addresses Class Certification Analysis In Comcast v. Behrend, Stroock Special Bulletin, March 7, 2013
  • “FINRA Concludes That Class Action Waiver Contained in Customer Agreements is Valid and Enforceable but Waiver of the Right to Consolidate Claims is Not,” Stroock Special Bulletin, February 26, 2013
  • “Overview of California’s Unfair Competition Law and Consumers Legal Remedies Act,” Stroock Special Bulletin, February 2010
  • “Shock Waives,” Los Angeles Lawyer, March 2009
  • “A Return to the 1980s? Lenders Beware,” The Banking Law Journal, January 2009

Admitted to Practice

California; U.S. District Court, Central District of California; U.S. District Court, Northern District of California; U.S. District Court, Southern District of California; U.S. District Court, Eastern District of California; U.S. District Court, Northern District of Illinois; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Eleventh Circuit; California Supreme Court; U.S. Supreme Court

Practice Group

Financial Services/Class Action

Litigation

Education

J.D., University of California, Los Angeles School of Law, 1978

B.A., University of California - San Diego, 1975


BETH E. TERRELL is a 1995 graduate of University of California, Davis Martin Luther King, Jr. Hall School of Law, Order of the Coif.  She is a founding member of Terrell Marshall Law Group PLLC, located in Seattle.  Beth’s practice focuses on complex litigation, including the prosecution of consumer fraud, defective product, and wage and hour class actions.  She has been co-lead counsel on many multi-state and nationwide class actions against Fortune 100 and 500 companies such as Wal-Mart, Microsoft, Best Buy, Sallie Mae, Bank of America, and Capital One.  Beth has been awarded an “AV” rating in Martindale Hubbell by her peers, a rating denoting the highest legal ability and ethical standards, and has been recognized as a “Superlawyer.”  Beth frequently speaks at CLEs and other seminars on issues as diverse as ESI, class actions, and mandatory arbitration, and is active in the bar and community, serving on a number of non-profit boards.