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Lender Policies and Procedures for Subpoenas, Summons and Third-Party Demand Requests

You are sitting in your office and a subpoena arrives from a state agency or a regulator ??" do you know what to do?Lenders and financial institutions are hit with legal orders on a regular basis, whether through a subpoena, summons, garnishment, or third-party demand for records. These requests come fast and furious, and often lenders are 'damned if they do, damned if they don't.' Fail to adequately respond to an order or miss a deadline, and a lender could be on the hook for substantial penalties; turn over too much information and they run the risk of being hit with a malicious prosecution action by the borrower. In this topic, led by a group of experienced litigators who have represented many of the country's largest financial institutions, you'll get an overview of national trends in demand requests, key state-by-state differences in lender responsibilities, and hear first-person accounts from your counterparts at some of the country's leading financial institutions about what has??" and hasn't ??" worked ??" for them in regard to demand requests. You'll come away with a clearer picture of today's litigation environment and strategies for how you and your team can better respond to all types of legal orders.


Runtime: 92 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of the Various Types of Demand Requests (Subpoenas, Summons, Garnishments, Third-Party Demand Requests)

Discussion of State-By-State Differences in Processes/Procedures for Handling Demand Requests

Special Considerations for Demands by Local, State or Federal Entities (State Attorneys General, DOJ, IRS, etc.)

Top 5 Pitfalls Banks Are Experiencing Today in Regard to Demand Requests, Including First-Person Accounts From In-House Counsel and Legal Order Processing Personnel at Some of the Country's Largest Financial Institutions

Guidance on How to Respond to Last-Minute Subpoenas or Garnishments to Avoid Sanctions or Other Repercussions

The Importance of Account Documentation, Signatures, and Call Logs for Current and Past Customers in the Event of Litigation

Strategies for How to Be More Proactive in Handling Demand Requests

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at ondemandinfo@lorman.com or call us at 866-352-9540.

This course was last revised on February 22, 2018.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.53
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.53 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jeff Brown

Jeff Brown

Thompson Coburn LLP

  • Partner at Thompson Coburn LLP
  • Litigator with more than 30 years of experience executing highly effective litigation strategies for clients with all types of commercial disputes in California
  • Has obtained favorable results in state and federal courts, arbitrations, and before state and federal appellate courts
  • Has handled a wide variety of matters for financial institutions and lenders, including those relating to foreclosures, receiverships, and guaranties
  • Editorial director of Thompson Coburnís Ground Floor blog, a California commercial real estate law blog
  • J.D. degree, Loyola Law School; B.A. degree, University of California, Los Angeles
  • Can be contacted at 310-282-9418 or jbrown@thompsoncoburn.com
Matt Guletz

Matt Guletz

Thompson Coburn LLP

  • Partner at Thompson Coburn LLP
  • Concentrates his practice on the representation of banks and financial services clients and has obtained favorable results for clients in the defense of federal statutory claims (including FDCPA, FCRA, TCPA, RESPA, TILA, and related statutes) and state law claims on summary judgment, at trial, and through appeal
  • Has also represented clients in class actions and complex business litigation matters in areas such as products liability, deceptive trade practices or consumer fraud, malpractice, and insurance defense
  • J.D. degree, Washington University in St. Louis; B.A. degree, Duke University
  • Can be contacted at 314-552-6311 or mguletz@thompsoncoburn.com
Chris Hohn

Chris Hohn

Thompson Coburn LLP

  • Partner in Thompson Coburn LLP's Class Action and Business Litigation groups, serves as the co-chair of the Financial Services Litigation practice area, and is a member of the firm's Management Committee
  • Got his start in complex financial services litigation, where for 20 years he has regularly represented some of the nation's largest financial institutions and brokerages
  • In cases involving multiple plaintiffs, class actions, or multidistrict litigation, he excels at developing a highly focused litigation strategy; he regularly serves as lead and coordinating counsel for several financial institution clients in consumer-related credit card and mortgage cases
  • J.D. degree, cum laude, University of Missouri-Columbia School of Law; B.A. degree in economics and political science, magna cum laude, Tufts University
  • Can be contacted at 314-552-6159 or chohn@thompsoncoburn.com
Maria Zschoche

Maria Zschoche

Thompson Coburn LLP

  • Partner at Thompson Coburn LLP
  • In her national banking litigation practice, she has first- and second-chaired multiple jury and bench trials in Missouri state and federal courts, and in courts across the country
  • Helps banks navigate class action and complex litigation involving lender liability, consumer mortgages, and asset-backed securities; has disposed of claims through motions to dismiss, summary judgment motions, and successful appeals to the 8th Circuit and the Missouri Supreme Court, and secured multimillion-dollar awards for her clients
  • J.D. degree, cum laude, Georgetown University Law Center; B.A. degree, magna cum laude, Princeton University
  • Can be contacted at 314-552-6273 or mzschoche@thompsoncoburn.com
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401566
Published 2018
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