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October 2021

Gordon & Rees Partners Present at National Creditors Bar Association Fall Conference

Gordon Rees Scully Mansukhani Chicago partner Avanti Bakane and Philadelphia partner Andrew Schwartz presented at the National Creditors Bar Association’s (“NCBA”) Fall Conference on October 13-15 in San Antonio, Texas. 

Avanti Bakane co-presented a session entitled "Top Ten Consumer Claim Trends & Strategies to Defend." This session explored hot button issues touching upon all aspects of the consumer class action industry, and strategies for defense of long-standing and evolving claims under the Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act ("FCRA"), and state law. The panel closed out its discussion of bedrock principles touching upon redaction, accounting, and bankruptcy protections.

Andrew Schwartz co-presented in two sessions. The first session was entitled "Safe Harbor Guiding Light: The Regulation F Model Validation Letter.” This session identified the new validation notice requirements, the safe harbor protections afforded through the use of the Model Validation Letter, the risks associated with the Letter’s disclosures, the effective use of the optional disclosures and overshadowing.

Additionally, he co-presented on “To Catch a Thief: How to Handle Identity Theft Claims,” that explored what a debt collector's obligations are when someone claims identity theft. The presenters discussed the various ways to learn about an identity theft claim and obligations under the FDCPA, FCRA, state law, and shared how to develop evidence to determine whether or not the identity theft claim is valid.

Bakane is a Certified Information Privacy Professional (“CIPP”) and co-chair of the firm’s Cyber, Privacy & Data Security group. She works with publicly traded and smaller companies alike in areas such as complex class action, antitrust, breach of contract, and general commercial litigation with a focus upon consumer class action defense. Barred in California and Illinois, Bakane has experience in federal and state courts across the country, and is a key asset in pre-suit negotiations, litigation, and compliance.

Schwartz is a member of the Commercial Litigation, Professional Liability, Bankruptcy, Restructuring & Creditors' Rights, and Government Regulatory & Administrative Law practice groups.His practice is largely devoted to matters regarding professional liability, concentrating on creditors' rights defense, defamation and privacy issues, business and commercial law, and legal malpractice matters.

The NCBA 2021 Fall Conference is an annual gathering providing an opportunity to meet with creditors rights attorneys, credit grantors and vendors and offers educational sessions and networking opportunities for attendees.

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Avanti D. Bakane