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Financial Services Report, Summer 2015

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Welcome to our Summer 2015 edition of Financial Services Report.

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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Financial Services Report, Summer 2015

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Jessica Kaufman is a partner in the Litigation Department of Morrison Foerster's New York office, specializing in complex class actions and commercial litigation. Her trial practice includes representing clients on both sides of a wide variety of business disputes in arbitral fora and federal and state courts. She has deep expertise in class actions and mass tort litigation spanning consumer, environmental, RICO, and data privacy matters. Clients regularly seek Jessica out for creative, strategic thinking as lead and coordinating counsel in nationwide "bet the company" matters.Ms. Kaufman represents financial institutions and other clients facing claims under the federal and state contract and antitrust laws, RICO Act, Right to Financial Privacy Act, Fair Debt Collection Practices Act, and state unfair and deceptive practices statutes. She also regularly advises and represents clients in complex commercial disputes. Recent representative matters include the defense of a leading marketplace lender in a putative nationwide class action under state usury laws; a major consumer products company in multi-district antitrust litigation; a major shipping company defending against contract and UDAAP claims in connection with fee disclosures; and a lingerie company facing consumer protection claims, including claims of false advertising. Ms. Kaufman routinely represents emerging and established financial institutions in actions involving overdraft fees and other deposit, loan, and credit card product fees, disclosures, and practices.Ms. Kaufman is recommended by Legal 500 2018 in the area of Dispute Resolution: Financial Services: Litigation. She received her B.A., with high honors, from Indiana University, Bloomington, where she was elected to Phi Beta Kappa. She earned her J.D. from New York University School of Law in 2006, where she was a Dean's Merit Scholar and founded the Education Law and Policy Society. Prior to attending law school, Ms. Kaufman was a Teach For America corps member and later served on the national staff of that organization.

Jessica Kaufman

Partner

Jeremy Mandell is the co-chair of our Financial Services Group. His practice focuses on financial services regulation, with particular attention to payment and emerging payment issues.Jeremy advises bank, non-bank, and fintech clients on financial services regulatory issues, including issues arising under the Electronic Fund Transfer Act, the Truth in Lending Act, and the Equal Credit Opportunity Act. He has particular experience working on issues related to interbank and emerging payments systems, including blockchain-based payment solutions and stablecoin platforms. He has counseled clients with award-winning apps and innovative products and services on complex issues, bringing a practical, broad-market perspective to product development, ongoing compliance needs, and regulatory engagement.He also has extensive experience working with banks and non-banks on strategic partnerships. As partnerships between banks and fintechs become more prevalent, Jeremy draws on this experience to advise clients on the financial services regulatory and commercial issues that arise in the context of these partnerships.Jeremy is co-editor of The Consumer Finance Law Review, surveying the legal and regulatory approaches to consumer finance law in jurisdictions around the world. In 2025, Jeremy was elected to the American College of Consumer Financial Services as a new Fellow for his numerous published and teaching contributions to the space.Before joining Morrison Foerster, he served as a senior financial services analyst at the Board of Governors of the Federal Reserve System in the Division of Reserve Bank Operations and Payment Systems, where he focused on policy issues related to large-value payments systems. Jeremy leverages this experience to advise clients on various legal and regulatory issues.Jeremy earned his J.D. from The George Washington University Law School in 2010. He earned his M.A. in applied economics from Johns Hopkins University in 2004 and his B.A in economics and international relations from Lehigh University in 2001.

Jeremy Mandell

Co-Chair of Financial Services Group

Recognized as an authority on financial privacy issues, Nathan helps financial institutions and other companies develop practical solutions for complying with privacy and data security laws. In particular, Nathan tackles the most complex issues relating to the privacy and security of financial information.Co-author of the leading financial privacy treatise, The Law of Financial Privacy, Nathan is recognized in the industry for his exceptional legal work, including being named as an Up and Coming Nationwide Privacy & Data Security practitioner on Chambers USA’s 2018, 2019, and 2020 lists. In his many accolades, his clients praise him as “a tremendous lawyer” who is “smart and quick on his feet,” with a “strong depth of knowledge and experience.” Nathan is also known as “a go-to guy for a deeper dive on bank privacy issues, the Fair Credit Reporting Act and other matters. When he gives you a memo, it is gold-plated – you know that you can rely upon it and that it will be thoughtful” (Chambers USA 2021). Nathan is ranked in Chambers USA and Chambers Global 2021, with clients noting his exceptional work in financial privacy law, proficiency at handling various governmental investigations, and his “deep well of knowledge, which he delivers in a well-organised, thoughtful and extremely helpful manner."As state privacy law appears to be entering a new era with the adoption of the California Consumer Privacy Act (“CCPA”), Nathan is assisting many banks, insurance companies, broker dealers, and other financial institutions in making sense of the complex law and the challenges presented by significant, but often confusing, new privacy obligations. Given the breadth of his work on CCPA issues, Nathan provides clients with valuable benchmarking across the financial industry.Nathan also continues to help companies across industries develop solutions to comply with the myriad state data breach and data security laws that have been enacted since 2003. Understanding the complexities that businesses face in complying with these laws, Nathan testified before Congress on the <a href="https://financialservices.house.gov/uploadedfiles/02.14.2018_nathan_taylor_testimony.pdf" target="_blank">challenges</a> that the ever-growing patchwork of state laws present. These are complexities that he understands intimately, having advised companies on hundreds of significant data incidents, including many of the nation’s largest and highest-profile data breaches.Nathan also has defended companies in Congressional and state AG investigations regarding privacy and data security. He represented Target in its defense of a multistate AG investigation into the company’s 2013 data breach, resulting in a settlement with 47 states and the District of Columbia, at the time the largest-ever multistate settlement for a data security incident.Nathan contributes to the development of the firm’s <a href="/privacy-library/">Privacy Library</a> and MoFoNotes subscription database, which help companies keep apprised of privacy and data security compliance requirements in jurisdictions around the world.

Nathan Taylor

Natalie Fleming Nolen is the Managing Partner of the Washington, D.C. office and a partner in the Litigation Department. She is a trial lawyer and advocate who focuses on complex civil litigation and regulatory proceedings, with a particular emphasis on resolving antitrust issues and class actions that arise in the financial services industry. She has represented clients in trials in state and federal court, as well as administrative proceedings and arbitration forums. Natalie's recent matters include representing a financial institution in a large multidistrict antitrust class action litigation and related litigation by individual companies that opted out of the class action; a leading telecommunications company in merger litigation and related regulatory proceedings; clients in consumer class actions and complex commercial litigation alleging breaches of contract; clients in complex antitrust arbitrations; clients before federal agencies, such as the Consumer Financial Protection Bureau and the Federal Trade Commission; and large companies being investigated by state regulatory authorities. Natalie also advises clients on a variety of commercial real estate issues, including complex contractual matters, foreclosures, and disputes regarding commercial leases. Natalie also has an active pro bono practice. She led a trial team in a challenge to Title IX rules related to sexual harassment and assault in schools; represented several clients in Immigration Court and successfully obtained asylum and withholding of removal; and helped young clients obtain Special Immigrant Juvenile Status. She also successfully obtained humanitarian parole for Haitian women and children impacted by the devastating earthquake in 2010, and represented clients in housing matters including defending against a foreclosure action in two separate trials in New York State Supreme Court. In acknowledgment of her dedication to providing quality pro bono representation, Natalie was awarded the 2012 New York State Bar President’s Pro Bono Service Award in the young lawyer category, and was also awarded the Kathi Pugh Award for Pro Bono Service in 2015.Natalie recently became a Fellow of the American Bar Foundation.

Natalie Fleming Nolen

Clients seek out Tiffany for her successful track record in defending class action claims on behalf of clients in a broad range of industries, including technology, healthcare, and consumer product companies. She represents numerous Fortune 500 companies in high-stakes litigation involving privacy and marketing claims in courts throughout the United States. Tiffany’s practice includes leading class actions at the cutting edge of privacy law, including claims involving data security and biometric information. She also has advised extensively on Telephone Consumer Protection Act (TCPA) matters, as well as cases involving unfair business practice claims and consumer advertising issues. Tiffany is a former co-chair of MoFo’s global Litigation Department and the firm’s Complex Litigation + Advisement Practice Group.The Daily Journal recently named Tiffany on its 2023 list of Top Women Lawyers and as a 2023 Leading Commercial Litigator in California. Chambers USA 2023 again ranked her in commercial litigation, while The Legal 500 2023 again recommended her in product liability and marketing and advertising. BTI Consulting Group has recognized Tiffany as one of a small group of attorneys nationwide who represent the “absolute best of the best” in the area of client service. Her clients include leaders in the technology, healthcare, financial services, and retail sectors.She is a former editor of, and frequent contributor to, the Morrison Foerster’s <a href="https://classdismissed.mofo.com/">Class Dismissed blog</a> and a contributing editor of the TCPA Report section of MoFo’s Financial Services Quarterly Report. As a thought leader, Tiffany often speaks to groups of industry peers about key developments in class action privacy litigation.Because she is committed to the firm’s pro bono program, Tiffany works on diverse matters in that arena, including representing numerous clients in connection with guardianship proceedings and immigration proceedings for children.<h5>More About Tiffany</h5>Tiffany earned her B.A. from the University of California, Berkeley with high honors and was a member of Phi Beta Kappa. In 2000, she received her J.D. from the University of California, Boalt Hall School of Law, where she was editor-in-chief of the Asian Law Journal. From 2000 to 2001, she was a judicial clerk for the Honorable Marian Blank Horn of the United States Court of Federal Claims and also served as a judicial clerk for the Honorable Susan R. Bolton of the United States District Court for the District of Arizona from 2001 to 2002.

Tiffany Cheung

Financial Services