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Financial Services Report, Summer 2020

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Is it just us or does March 4—the date of our last issue—feel like a million years ago? Like you, and not necessarily in this order, we have been: doing our work; keeping up with COVID‑19‑related laws, guidance, and regulations; thinking hard about racial

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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Is it just us or does March 4 — the date of our last issue — feel like a million years ago? Like you, and not necessarily in this order, we have been: doing our work; keeping up with COVID‑19‑related laws, guidance, and regulations; thinking hard about racial injustice; making sure our colleagues are safe and supported; welcoming home kids who thought they’d be out exploring the world; homeschooling the kids we thought would be at school; trying to keep up with family and friends  by Zoom; and wondering what comes next. It’s a lot. We feel it, and we know you feel it too.So let’s get right to it. In case you’ve missed anything, we’ve gathered in one place all of the COVID-19-related and other updates since our last issue in short, digestible bites, with links in case you want to read further. We’ve covered developments in the Beltway, Operations, the Bureau, Mortgage, Privacy, TCPA, arbitration, and more.Read our <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltbaff9cb034390a01/6273ef590cffdf1eb136b54a/200714-financial-service-report.pdf" target="_blank">newsletter</a>.

Financial Services Report, Summer 2020

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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

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

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.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

Marc-Alain’s practice focuses on advising and counseling domestic and foreign financial institutions on a variety of bank regulatory, Bank Secrecy Act/anti-money laundering (BSA/AML), countering the financing of terrorism (CFT), and transactional matters. Marc-Alain has significant experience representing global financial institutions in criminal and regulatory investigations and enforcement actions as well as addressing weaknesses and shortcomings in their BSA/AML compliance frameworks. He also advises clients on all AML-related issues in connection with ESG, M&A, strategic investments and private equity funds, embedded finance, blockchain and digital assets, and other corporate transactions. Marc-Alain is adept at assisting clients to build ground up BSA/AML policies and procedures, and he works closely with banks and fintechs to navigate BSA/AML considerations related to Banking-as-a-Service (BaaS) and other partnership arrangements.Further, Marc-Alain has significant experience in advising and counseling U.S. and international bank holding companies, banks, and other financial institutions on a variety of bank regulatory and transactional matters, including matters relating to:<ul><li>The Bank Holding Company Act</li><li>Regulation K and Y</li><li>The Bank Merger Act</li><li>The Dodd–Frank Act (with regard to the Volcker Rule, Living Wills, and Enhanced Prudential Standards, among others)</li><li>Applications to federal and state banking regulators for expansion of activities</li><li>Internal restructuring</li><li>New products, sales, and acquisitions of U.S. banks</li></ul>Prior to joining Morrison Foerster, Marc-Alain was an associate with two prominent global United States law firms, and he practiced law in Switzerland for several years.Marc-Alain is a member of the board of the Swiss American Lawyers Association of Greater New York (SALA). He is fluent in German, English, French, and Spanish and has a basic knowledge of Italian. He is admitted to practice in New York and Switzerland.

Marc-Alain Galeazzi

Calvin Funk is an associate in the Financial Services Group of Morrison & Foerster’s Washington, D.C. office.Mr. Funk’s practice focuses on assisting clients with state and federal retail financial services regulatory matters. He counsels bank and non-bank lenders, service providers, and other financial technology companies to help bring innovative products and services to market. Mr. Funk works closely with clients to understand their business needs and advise on complex regulatory issues including lending issues under the Truth in Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, and Fair Debt Collection Practices Act; and payment issues under the Electronic Fund Transfer Act, Credit CARD Act, and state money transmitter laws.Mr. Funk has particular experience with state consumer finance laws in all fifty states, including state lending, loan brokering, credit services, and debt collection laws. He regularly counsels clients on the nature and applicability of state consumer finance laws to clients’ proposed or existing business practices. He assists clients through all phases of the regulatory process, including obtaining necessary licenses, building compliant policies and procedures, navigating change-of-control processes, and responding to regulatory inquiries and examinations.Mr. Funk graduated from the University of Virginia School of Law, where he was elected to the Order of the Coif. During law school, Mr. Funk served as an editor of the Virginia Tax Review, as well as a Dillard Fellow of Legal Research and Writing. He was previously a summer associate at Morrison & Foerster.Mr. Funk received his B.A. magna cum laude from Brigham Young University.

Calvin Dennis Funk

Associate

Adam J. Hunt is a partner in the Litigation Department of Morrison Foerster’s New York office. His practice focuses on complex litigation, with an emphasis on class action and commercial litigation.Mr. Hunt has extensive experience representing consumer products companies, financial institutions, and technology firms in class action cases and complex commercial disputes before state and federal trial courts, as well as in arbitrations. Clients seek Mr. Hunt’s counsel for his creative, strategic thinking in high-stakes, high-profile matters. He has represented clients facing claims under false advertising, antitrust, and privacy laws throughout the country, securing wins at the pleading stage, summary judgment, and trial, in addition to negotiating favorable settlements, often early in the case. Representative experience includes successfully securing rulings dismissing two putative false advertising class action cases against one of the best-known consumer electronics companies in the world; obtaining a complete win on summary judgment for a major shipping and logistics company in a multimillion-dollar commercial dispute; appearing as counsel at trial for a leading financial institution in a $100 million commercial dispute, winning a bench trial verdict; and prevailing on motions to dismiss false advertising class actions against a leading Greek yogurt company.Mr. Hunt is also an editor of the firm’s <a href="https://classdismissed.mofo.com/" target="_self">Class Dismissed blog</a>, which provides insights, recommendations, and timely reports on the latest defense news, developments, and trends in the most current class action lawsuits that affect consumer-facing companies.Mr. Hunt maintains an active pro bono practice and is the recipient of the New York State Bar Association’s 2017 President’s Pro Bono Service Award for the First Judicial Department, the 2018 Public Service Award from New York University School of Law, and Morrison Foerster’s Kathi Pugh Award for Pro Bono Services.Mr. Hunt received his B.A. with honors from Swarthmore College and his J.D. cum laude from New York University.

Adam Hunt

Tiffani Figueroa's practice focuses on complex litigation, with an emphasis on class action and financial services litigation. Ms. Figueroa’s experience includes matters involving federal and state contract and antitrust laws, the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), Racketeer Influenced and Corrupt Organizations Act (RICO), as well as state unfair and deceptive practices statutes.Ms. Figueroa also maintains an active pro bono practice. She has been involved in defending against a condominium board in a foreclosure action, as well as defending against an apartment complex in a housing discrimination matter.Ms. Figueroa received her B.A. from Georgetown University. She earned her J.D. magna cum laude from Hofstra University School of Law, where she was a notes and comments editor for the Hofstra Law Review. While in law school, Ms. Figueroa was a judicial intern for the Honorable Robert P. Patterson, Jr., of the U.S. District Court for the Southern District of New York. She served as law clerk to the Honorable LaShann DeArcy Hall of the U.S. District Court for the Eastern District of New York from April 2017 – April 2018.

Tiffani Figueroa

Of Counsel

Malka Levitin is an associate in the Financial Services Practice Group. Her practice focuses on advising banks, bank holding companies, fintechs, and other financial services clients on a wide range of regulatory and transactional matters, including those involving money transmission, the regulation of crypto-assets, and the Bank Holding Company Act. She also has extensive experience with anti-money laundering and counter-financing of terrorism issues under the Bank Secrecy Act. Malka maintains an active and varied pro bono practice, and has handled multiple cases involving religious rights under the Religious Land Use and Institutionalized Persons Act.Malka graduated from Columbia Law School, where she was a staff editor for the Journal of Transnational Law. She received her B.A. summa cum laude from Queens College. Prior to joining Morrison & Foerster, Malka was an associate at another international law firm.

Malka Levitin

Henry Fields has represented domestic and international financial institutions for more than 40 years. Mr. Fields advises banks in mergers and acquisitions and capital market activities, as well as private equity firms and other investors in the financial institutions sector. Mr. Fields has also represented numerous international banks on the establishment of branches, agencies, and representative offices in the United States.Mr. Fields provides financial services regulatory advice on a broad range of matters, including bank holding company regulation, capital compliance, geographic expansion, new products and services, the margin regulations, and various aspects of the Dodd-Frank Act, such as the Volcker Rule. He also represents financial institutions in compliance and enforcement matters.Mr. Fields was named to The Legal 500 inaugural Hall of Fame, a distinction given to those select attorneys that have been listed as a Legal 500 elite leading lawyer for at least six consecutive years. He has also been recognized for both Banking and Finance Law and Financial Services Regulation Law in Best Lawyers 2024 Edition, and as an expert consultant in Bank Lending by IFLR1000. In 2016, Mr. Fields was awarded Best Lawyers – Los Angeles Lawyer of the Year for Financial Services Regulation Law. In 2015, he received the Robert Frandzel Award in recognition of continued outstanding service to the California banking industry from the California Bankers Association Legal Affairs Committee. He speaks frequently on topics of interest to the financial services industry.Mr. Fields also represents clients in mergers and acquisitions and capital markets transactions in a range of other industries, including branded apparel, consumer goods, and travel services.While attending Yale Law School, Mr. Fields served as the Managing Editor of the Yale Law Journal. He graduated from Harvard College magna cum laude and was elected to Phi Beta Kappa.

Henry Fields

Senior Counsel

Jiang Liu is a partner in Morrison & Foerster’s Financial Services Practice in the firm’s New York office. Mr. Liu’s practice spans a broad range of bank regulatory work, and he has significant experience representing foreign and U.S. financial institutions.Jiang has deep knowledge of the regulations applicable to U.S. and global financial institutions. He regularly provides advice in connection with the Bank Holding Company Act, the Volcker Rule, broker-dealer activities, CFIUS regulations, state money transmission services regulations, enhanced prudential standards, affiliate transactions, supervisory and enforcement matters involving financial institutions and U.S. bank and non-bank acquisitions, among other things. Jiang has also represented numerous international financial institutions on the establishment of branches and representative offices in the United States. He has a substantial practice representing global financial institutions, especially those in China, related to their U.S. activities.Prior to joining Morrison & Foerster, Jiang worked at a leading international law firm in their Hong Kong and New York offices.<h4>Representative Transactions</h4><ul><li></li><li>Bank of the Orient in connection with the sale of its Hawaii branch to Royal Business Bank (2022)</li><li>CITIC Group Corporation on bank regulatory matters in connection with its strategic investment in China Huarong Asset Management Co., Ltd. as part of China Huarong’s RMB 42 billion capital increase (2021)</li><li>FinSight Ventures in connection with its investment in Hulett Bancorp (100% owner of Summit National Bank), a bank holding company organized under the laws of the State of Wyoming (2021)</li><li>MLC, the wealth management division of National Australia Bank, in connection with the sale of MLC by National Australia Bank to IOOF Holdings Ltd (2021)</li><li>GIC Private Ltd. in connection with the divestment of its investment in dianrong.com (2020)</li><li>Global Energy Interconnection Research Institute North America, a wholly owned subsidiary of State Grid Corporation of China, on U.S. regulatory matters (2020)</li><li>CITIC Metal Co., Limited on bank regulatory matters in connection with its C$612 million ($453.77 million) investment in Ivanhoe Mines Ltd (2019)</li><li>China Merchants Bank in connection with its investment in Asia Investment Fund (2018)</li><li>SoftBank in connection with its $3.3 billion acquisition of Fortress Investment Group (2017)</li><li>CCB International Overseas Limited on bank regulatory matters in connection with its investment in a New York real estate project (2017)</li><li>ABC International Holdings Limited on bank regulatory matters in connection with its $100 million investment in an agricultural investment fund (2017)</li><li>China Merchants Group Limited (“CMG”) in obtaining an approval from the Federal Reserve Board for CMG to engage de novo in extending credit and servicing loans and the leasing of personal property through a subsidiary in the United States (2017)</li><li>China Merchants Bank on its investment in a $900 million FinTech fund (2017)</li><li>SoftBank on bank regulatory matters in connection with its acquisition of Fortress Investment Group LLC (2017)</li><li>China Merchants Bank on its fiduciary powers application (2016)</li><li>A PRC P2P company on its investment in Old Dominion National Bank (2016)</li></ul>

刘江律师是美富律师事务所纽约办公室金融服务业务部的合伙人。刘律师为各类银行合规业务提供法律意见，并且在代表美国及国外金融机构方面具备丰富的经验。刘律师对适用于美国和全球金融机构的规定有深刻的了解。他经常就《银行控股公司法》、《沃尔克规则》、经纪商活动、美国外国投资委员会（CFIUS）规定、美国各州货币传输服务规定、强化审慎标准、关联交易、涉及金融机构的监督和执法事宜以及美国银行和非银行收购等方面提供咨询。刘律师还代表众多国际金融机构在美国设立分支机构和代表机构。他代表全球金融机构，尤其是代表中国金融机构处理大量涉及美国的事宜。在加入美富之前，刘律师曾在某领先的国际律所的香港和纽约办事处工作。<h4>具有代表性的交易 </h4><ul><li>协助美国建东银行（Bank of the Orient）处理将其夏威夷分行出售给美国皇佳商业银行（Royal Business Bank）事宜（2022年） </li><li>协助中国中信集团有限公司处理与其对中国华融资产管理股份有限公司进行战略投资有关的银行监管事宜。该项投资系中国华融420亿元人民币增资的一部分（2021） </li><li>协助FinSight Ventures处理其对Hulett Bancorp（Summit National Bank的100%所有者）投资事宜。Hulett Bancorp是一家根据美国怀俄明州法律组建的银行控股公司（2021年） </li><li>协助澳大利亚国民银行（National Australia Bank）的财富管理部门MLC处理该银行向IOOF控股有限公司（IOOF Holdings Ltd）出售MLC事宜（2021年） </li><li>协助新加坡GIC Private Ltd.处理其对点融网撤资事宜（2020年） </li><li>协助中国国家电网有限公司的全资子公司全球能源互联网美国研究院处理美国监管事宜（2020年） </li><li>协助中信金属股份有限公司处理与其对加拿大艾芬豪矿业有限公司6.12亿加元（4.5377亿美元）投资有关的银行监管事宜（2019年） </li><li>代表招商银行处理其对亚洲投资基金的投资。（2018） </li><li>代表软银处理涉及其以33亿美元收购Fortress Investment Group。(2017) </li><li>代表建银国际海外有限公司处理涉及其对某纽约房地产项目进行投资的银行监管事宜。(2017) </li><li>代表农银国际控股有限公司处理涉及其对某农业投资基金进行1亿美元投资的银行监管事宜。（2017） </li><li>代表招商局集团有限公司获得美联储批准，通过子公司在美国从事贷款以及租赁业务。(2017) </li><li>代表招商银行处理其对一个金融技术基金进行9亿美元的投资。(2017) </li><li>代表软银处理涉及其收购Fortress Investment Group LLC交易的银行监管事宜。(2017) </li><li>代表招商银行处理其私人银行牌照的申请。(2016) </li><li>代表一家中国的P2P公司处理其拟向美国Old Dominion National Bank进行投资的相关事宜。(2016) </li></ul>

Jiang Liu

Barbara Mendelson’s practice involves advising foreign and U.S. banks in a variety of complex regulatory matters, including sales and acquisitions of U.S. banking and nonbanking firms, Dodd-Frank Act issues, applications to federal and state bank regulators for expansion of activities and new products, Bank Secrecy Act and OFAC matters, and over-the-counter and exchange-based trading of various instruments and derivatives. She has represented foreign banks in their U.S. operations for more than 30 years. Barbara has also been instrumental in forming a number of commercial banks and other subsidiaries of foreign banks. In addition to her bank regulatory practice, Barbara works with sovereign entities and multilateral organizations with respect to the investment of their foreign currency reserves and other assets.Barbara has been recognized in the industry for her exceptional legal work, including being named by Crain’s New York Business as one of the <a href="https://www.crainsnewyork.com/awards/notable-women-law-2021" target="_blank" dir="ltr">Notable Women in Law</a> in both its 2021 and 2019 editions, and in 2020 she was named “Compliance Lawyer of the Year” by C5’s Women in Compliance Awards. She has also been selected as Euromoney Legal Media Group's <a href="http://www.mofo.com/resources/news/200917-mofo-recognized-euromoney-diversity.html">2020 Banking and Finance Attorney of the Year</a>, and was awarded “Best in Financial Services” in 2019 and 2017. Barbara was also awarded the "Lawyer of the Year" designation by Best Lawyers in America (2019 and 2013) in the category of Financial Services Regulation Law (New York City). In addition, she has been recommended by Chambers USA, Chambers Global, Legal 500 US, IFLR1000, Best Lawyers in America, and Who’s Who Legal: Banking. In their 2023 guide, Who’s Who Legal listed Barbara as a “Thought Leader” in their Global Banking Regulation Review, which features the world’s foremost banking regulatory lawyers who have obtained the largest number of nominations from peers, corporate counsel, and other market sources.She is a member of the New York City Bar Association and the American Bar Association. Barbara also serves as president of the board of trustees of Big Brothers Big Sisters of New York City.

Barbara Mendelson

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

<div class="videoWrapper">Joe Palmore co-chairs Morrison Foerster’s Appellate and Supreme Court practice. Chambers USA describes him as “an outstanding oral advocate,” who is “calm, focused, effective and doesn’t back down,” and has “complete command of the facts.” Joe “writes great briefs” (Chambers USA), with one client recounting that “the Court mirrored the language he thoughtfully chose in its ultimate order” (Legal 500).</div>During a recent U.S. Supreme Court term, Joe successfully argued two cases: Law360 called one of them (Thole v. U.S. Bank) a “landmark ruling” that “made huge waves in the ERISA litigation arena” and named the other (Atlantic Richfield Co. v. Christian) one of the “biggest environmental law decisions” of the year. Joe’s oral argument before the Supreme Court on the preemptive scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in CTS Corp. v. Waldburger was described in the National Law Journal as “brilliant” and a “template for anyone arguing a statutory case before these nine justices in the future.”Joe’s practice extends to federal and state appellate courts across the country, where he has handled appeals on issues as varied as antitrust, class actions, communications, false advertising, intellectual property, and securities. Joe has secured important victories in the Second Circuit, where he clerked. For example, he prevailed in a securities class action for an online marketplace and a fraud case against an investment bank. A <a href="/resources/news/210426-no-circuit-split" target="_self">Reuters columnist</a> called one of Joe’s Second Circuit wins a “major ruling” that “put significant qualifiers” on constitutional standing to sue in data breach cases.Joe also has a successful track record in the Ninth Circuit, including winning for a beverage company defending against an antitrust suit and for an equipment manufacturer embroiled in a dispute over U.S. discovery for foreign litigation. One of Joe’s victories in the Federal Circuit was described by another practitioner as having “saved from the fire tens of thousands of patents that would have gone up in smoke.” And Joe has won appeals in multiple state appellate courts, including those of New York (both the Court of Appeals and First Department), California, Massachusetts, New Jersey, and Kentucky.Before joining Morrison Foerster, Joe served as an Assistant to the Solicitor General at the U.S. Department of Justice. During his nearly five years in the Solicitor General’s Office, Joe had principal responsibility for briefing the constitutionality of the Affordable Care Act’s minimum coverage provision, which was upheld in the Supreme Court’s landmark decision in NFIB v. Sebelius. For his work on that case, Joe received the Attorney General’s Award for Exceptional Service—the Department of Justice’s highest honor for employee performance. He also received the Environmental Protection Agency General Counsel’s medal for his successful defense of the EPA’s interstate air pollution rules in EPA v. EME Homer City Generation.Before working for the Justice Department, Joe spent three years as Deputy General Counsel at the Federal Communications Commission, where he oversaw all litigation involving constitutional, statutory, and administrative-law challenges to the agency’s actions and presented oral argument in the D.C. Circuit and other federal courts of appeals. His FCC experience includes virtually all aspects of communications regulation, including broadcast, cable, wireless, wireline, and Internet.Joe clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Judge John Gleeson of the U.S. District Court for the Eastern District of New York, and Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit in New York. Joe earned his J.D. from the University of Virginia School of Law, his M.A. in legal history from the University of Virginia, and his A.B. magna cum laude from Harvard University.Joe is a Fellow in the American Academy of Appellate Lawyers, selected for his distinction as an appellate lawyer. He is also a board member of the Historical Society of the District of Columbia Circuit; a master in, and former officer of, the Coke Appellate Inn at Court; a member of the Technology Litigation Advisory Committee of the U.S. Chamber Litigation Center; and a co-chair of the Federal Communications Bar Association’s judicial practice committee. In 2021, the American Cancer Society Cancer Action Network gave Joe its Judicial Advocacy Initiative Award for his pro bono work in healthcare cases.He is recommended annually by Chambers USA, Legal 500, and Best Lawyers for appellate law.<h4>Supreme Court Arguments</h4><ul><li>Thole v. U. S. Bank, N. A. <a href="/resources/video-audio/200113-thole-v-u-s-bank" target="_self">(audio recording)</a> Whether Article III of the Constitution requires a plaintiff to demonstrate individual financial loss or the imminent risk of financial loss to assert a fiduciary duty claim against a pension plan</li></ul><ul><li>Atlantic Richfield Co. v. Christian <a href="/resources/video-audio/191203-atlantic-richfield-v-christian" target="_self">(audio recording) </a>Whether state-law pollution clean-up remedies are barred by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)</li></ul><ul><li>CTS Corp. v. Waldburger <a href="/resources/video-audio/191203-atlantic-richfield-v-christian" target="_self">(audio recording)</a> Whether the U.S. Court of Appeals for the Fourth Circuit correctly interpreted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to apply to statutes of repose as well as to statutes of limitations</li></ul><ul><li>Abramski v. United States <a href="/resources/video-audio/140122-abramski-v-united-states.html" target="_self">(audio recording)</a> Involving the materiality of a false statement made when purchasing a firearm</li></ul><ul><li>Fernandez v. California <a href="/resources/video-audio/131113-fernandez-california" target="_self">(audio recording)</a> Whether the Fourth Amendment prohibits a warrantless search of a residence when the defendant has previously objected to a search but is no longer present and the co-tenant consents</li></ul><ul><li>Florida v. Harris <a href="/resources/video-audio/121031-florida-harris" target="_self">(audio recording)</a> Whether a drug-detection dog’s alert to the exterior of a vehicle provides an officer with probable cause to conduct a warrantless search of the interior of the vehicle</li></ul><ul><li>Horne v. Department of Agriculture <a href="/resources/video-audio/130320-horne-department-agriculture" target="_self">(audio recording)</a> Involving jurisdictional requirements for Takings Clause claims</li></ul><ul><li>US Airways v. McCutchen <a href="/resources/video-audio/121127-us-airways-inc-mccutchen" target="_self">(audio recording)</a> Involving the limits on equitable relief available in suits against ERISA plans by beneficiaries and participants</li></ul><ul><li>Pacific Operators Offshore v. Valladolid <a href="/resources/video-audio/111011-pacific-operators-offshore-valladolid" target="_self">(audio recording)</a> Involving the territorial limits on compensation available under the Outer Continental Shelf Lands Act</li></ul><ul><li>Roberts v. Sea-Land Services <a href="/resources/video-audio/120111-roberts-v-sea-land-services" target="_self">(audio recording)</a> Involving benefit calculations under the Longshore and Harbor Workers’ Compensation Act</li></ul><ul><li>Borough of Duryea v. Guarnieri <a href="/resources/video-audio/110322-borough-duryea-guarnieri" target="_self">(audio recording)</a> Whether state and local government employees may sue their employers for retaliation under the First Amendment’s Petition Clause when they petition the government on matters of private concern</li></ul><ul><li>Chase Bank USA v. McCoy <a href="/resources/video-audio/101208-chase-bank-usa-mccoy" target="_self">(audio recording)</a> Whether Regulation Z of the Truth in Lending Act requires a creditor to give cardholders advance notice any time they raise the interest rate for default</li></ul><h4>Representative Appellate Arguments</h4><ul><li>Wamai v. Industrial Bank of Korea (2d Cir.) <a href="/resources/video-audio/221013-wamai-v-industrial-bank-of-korea" target="_self">(audio recording)</a> Secured affirmance of forum non conveniens dismissal of fraudulent conveyance claims against foreign bank</li></ul><ul><li>Cohen v. Apple Inc. (9th Cir.) <a href="/resources/video-audio/211210-andrew-cohen-v-apple-inc" target="_self">(video)</a> Successfully defended dismissal of state-law claims as preempted by Communications Act</li></ul><ul><li>VeroBlue Farms USA Inc. v. Canaccord Genuity LLC (2d Cir.) <a href="/resources/video-audio/210901-veroblue-farms-usa-inc-v-canaccord-genuity-llc" target="_self">(audio recording)</a> Successfully defended dismissal of fraud claim against investment bank</li><li>McLaren v. The UPS Store Inc. (3d Cir.) <a href="https://www2.ca3.uscourts.gov/oralargument/audio/22-1379_22-1380_McLarenv.UPS.mp3" target="_blank">(audio recording)</a> Secured reversal of order remanding cases to state court</li><li>Cho et al. v. BlackBerry Limited et al (2d Cir.) <a href="/resources/video-audio/211030-cho-v-blackberry-ltd" target="_self">(audio recording)</a> Successfully defended dismissal of named plaintiffs’ individual securities claims on res judicata grounds in putative securities class action</li><li>Richardson v. The UPS Store, Inc. (Massachusetts Supreme Judicial Court) <a href="/resources/video-audio/200409-richardson-v-the-ups-store" target="_self">(audio recording)</a> Secured win on question certified by federal district court on meaning of Massachusetts notary statutes</li><li>Firefighters’ Retirement System, et al. v. Consulting Services Group (5th Cir.) <a href="/resources/video-audio/180705-firefighters-retirement-consulting-services-group" target="_self">(audio recording)</a> Secured reversal of district court and dismissal with prejudice of accounting malpractice suit as time-barred</li><li>Altayyar v. Etsy, Inc. (2d Cir.) <a href="/resources/video-audio/190418-altayyar-v-etsy" target="_self">(audio recording)</a> Secured dismissal of securities fraud case</li><li>Raytheon Company v. Indigo Systems Corporation (Fed. Cir.) <a href="/resources/video-audio/180112-raytheon-company-indigo-systems-corporation" target="_self">(audio recording)</a> Defeated attempt to upend jury verdict of no-liability in long-running trade secrets case </li><li>First Advantage LNS, Inc., et al. v. LexisNexis Risk Solutions, Inc. (New York Appellate Division, First Department) <a href="/resources/video-audio/190102-first-advantage-v-lexisnexis" target="_self">(video)</a> Secured victory for LexisNexis in significant contract dispute</li><li>Nikon Corporation v. ASML US, Inc. (9th Cir.) <a href="/resources/video-audio/171207-nikon-corporation-asml-us" target="_self">(video)</a> Secured U.S. discovery for use in foreign patent litigation</li><li>Odunbaku v. Odunbaku (New York Court of Appeals) <a href="/resources/video-audio/161020-odunbaku-v-odunbaku" target="_self">(video)</a> Secured a unanimous ruling for client seeking child support and established important procedural protections for litigants in New York’s family courts</li><li>Bank v. Uber Technologies, Inc. (2d Cir.) Obtained dismissal of a Telephone Consumer Protection Act suit on the ground that the call was political speech</li><li>Helping Hand Tools et al. v. U.S. Environmental Protection Agency et al. (9th Cir.) <a href="/resources/video-audio/160719-helping-hand-tool-environmental-protection" target="_self">(video)</a> Secured a victory in a case that set an important precedent for regulation of greenhouse gas emissions from combustion of renewable biofuels</li><li>Immersion Corp. v. HTC Corp. (Fed. Cir.) <a href="/resources/video-audio/160506-immersion-corp-htc-corp" target="_self">(audio recording)</a> Securing reversal of district court, successfully defended the timeliness of Immersion’s patent application and, by extension, those of tens of thousands of patent owners whose patents were at risk of invalidation</li><li>Nelson Coniglio, et al. v. Bank of America, NA (11th Cir.) Secured reversal of default judgment against Bank of America</li><li>Gregory Berry v. LexisNexis Risk & Information (4th Cir.) <a href="/resources/video-audio/150915-gregory-berry-lexisnexis-risk-information" target="_self">(audio recording)</a> Defended settlement of one of the largest class actions ever certified from objector challenges</li><li>In re: GNC Corporation; Triflex Products Marketing and Sales Practices Litigation (4th Cir.) <a href="/resources/video-audio/150325-gnc-corporation-marketing-sales-practices" target="_self">(audio recording)</a> Secured dismissal of false-labelling claim against GNC</li><li>Core Communications, Inc. v. FCC (D.C. Cir.) <a href="/resources/video-audio/091016-core-communications-inc-fcc" target="_self">(audio recording)</a> Successfully defended FCC’s intercarrier compensation rules</li><li>Star Wireless LLC v. FCC, et al. (D.C. Cir.) <a href="/resources/video-audio/080313-star-wireless-llc-fcc" target="_self">(audio recording)</a> Defeated challenge to imposition of monetary forfeiture for violation of wireless auction anti-collusion rules</li></ul>

Joseph Palmore

Tina is Co-chair of Morrison Foerster’s Government Contracts & Public Procurement practice. She represents a wide variety of government contractors including information technology, defense, biotechnology, and pharmaceutical companies, with a focus on general contract counseling and compliance, particularly concerning intellectual property, and cybersecurity matters and federal grant funding.Tina counsels contractors on compliance with federal, state and local acquisition and ethics regulations and with the evolving myriad of requirements pertaining to data security and cybersecurity. She has been involved with numerous internal investigations and compliance reviews, and with mandatory and voluntary disclosures to agencies, and litigation of False Claims Act matters.Tina routinely advises clients concerning:<ul><li>Prime-subcontractor relationships</li><li>Sources of supply and country of origin requirements</li><li>Price reductions and price reporting issues</li><li>Organizational conflicts of interest</li><li>Safeguarding of intellectual property and other proprietary interests</li><li>Licensing and data rights issues</li><li>Handling of classified materials and controlled unclassified information</li><li>Agency suspension and debarment proceedings</li></ul>She also assists clients with due diligence and other activities related to the acquisition of government contracting concerns, and with the drafting and negotiation of teaming agreements, subcontracts, licensing agreements, and cooperative research and development agreements. She also assists clients applying for federal grants (including SBIR and STTR agreements), and those who seek to obtain other transactional authority agreements, as well as those competing for state and local government work.Tina’s litigation experience includes government contracts claims litigation in federal courts and before boards of contract appeals, bid protests before the Government Accountability Office and the Court of Federal Claims, and complex disputes in federal courts, including civil fraud and False Claims Act litigation and reverse Freedom of Information Act litigation.Prior to joining Morrison Foerster, Tina worked at another large national firm and as a trial attorney in the Office of the General Counsel of the Navy, Navy Litigation Office.<h4>Representative Experience</h4><ul><li>Negotiation of largest CHIPS Act federal funding agreement between multinational semiconductor corporation and U.S. Department of Commerce.</li><li>Negotiated prime contract and major subcontracts related to the Department of Energy’s next generation supercomputer program, including extensive IP rights negotiations and negotiation of associated patent rights waivers.</li><li>Negotiated series of other transaction authority agreements with DARPA and associated subcontracts with more than a dozen research universities on behalf of a firm biotech client, including complex IP rights allocations and material transfer agreements.</li><li>Assist clients with FedRAMP authorization process and with development of license agreements for software products sold to federal, state and local government agencies.</li><li>Cyber incident response counseling to some of the largest companies and organizations impacted by security incidents.</li><li>Advises clients on Bayh-Dole reporting of inventions and IP strategies for contracts and grants.</li><li>Conducts due diligence for major government contract mergers and acquisitions.</li></ul>

Tina D. Reynolds

Brian Matsui co-chairs Morrison Foerster’s Appellate and Supreme Court practice. Brian is a go-to appellate advocate for sophisticated clients in complex appeals nationwide. Brian has a nationwide appellate practice. He has argued many cases in federal and state appellate courts throughout the country, winning appeals involving federal preemption, securities litigation and enforcement, consumer class actions, and intellectual property. He has led appeals in the D.C., Second, Fourth, Fifth, Ninth, Eleventh, and Federal Circuits. His arguments include significant victories in class action appeals and in appeals for leading financial services companies, with multiple victories in the Ninth Circuit, where he clerked. Brian recently has gone five for five when representing appellants, including a precedential victory in the Ninth Circuit in a licensing dispute concerning alleged patent misuse. He also argued and won a D.C. Circuit appeal against the Securities and Exchange Commission (SEC) about the retroactivity of part of the Dodd-Frank Act. As a result of Brian’s win, the SEC had to change its enforcement practices against certain securities industry professionals.Clients frequently turn to Brian for his substantial experience with appeals in the Federal Circuit, praising him as “an invaluable advocate in patent matters” (Chambers USA). Brian has won 12 of his last 13 appeals in that Court. His arguments before the Federal Circuit include winning appeals from district courts, the Patent Trial and Appeal Board, and the International Trade Commission. He has handled appeals in a myriad of industries, including mobile devices, pharmaceuticals, medical devices, semiconductors, and software.Brian also plays a key role on trial teams, advising clients on both critical legal issues and appellate preservation. He recently argued and prevailed against a summary judgment invalidity motion in a case involving Chugai Pharmaceutical Co. Ltd.’s revolutionary antibody recycling technology, which ultimately led to a $775 million settlement on the eve of trial for Chugai.A former law clerk for the United States Supreme Court, Brian has authored many briefs in that Court, including on important constitutional and statutory interpretation issues. He often represents clients’ interests in amicus briefs in significant Supreme Court cases affecting the business community.Leading publications have recognized Brian for his appellate skills. The Legal 500 US recommends him for appellate litigation, and the National Law Journal named Brian a “Minority 40 Under 40.”Brian is an editor of Morrison Foerster’s <a href="https://federalcircuitry.mofo.com/" target="_blank">Federal Circuitry</a> blog, which takes a data-driven approach to analyzing the Federal Circuit and its decisions.Brian also dedicates significant time to pro bono matters. He argued and won two significant appeals—in the Second and Ninth Circuits—obtaining reversals of judgments that had denied private rights of action under the Child Welfare Act in precedential decisions. Brian also led the Morrison Foerster team who co-counseled a successful Eighth Amendment challenge to Florida’s imposition of a “life without the possibility of parole” sentence to a juvenile offender convicted of a non-homicide crime.For years, Brian chaired the ABA’s seven-person Standing Committee for Amicus Curiae Briefs. He served on the American Intellectual Property Law Association’s amicus committee and co-chaired the National Asian Pacific American Bar Association’s amicus committee. Brian served as an appellate lawyer representative for the Ninth Circuit. Brian also serves on the board of directors for the Lawyers’ Committee for Civil Rights Under Law.Before entering private practice, Brian clerked on the United States Supreme Court for Justice Anthony M. Kennedy. He also clerked for Judge Pamela Ann Rymer in the Ninth Circuit and Judge David F. Levi in the Eastern District of California.While in law school, Brian served as managing editor of Volume 51 of the Stanford Law Review and was elected to the Order of the Coif.<h4>Representative Oral Arguments</h4><ul><li><a href="https://oralarguments.cafc.uscourts.gov/default.aspx?fl=22-1260_02102023.mp3" target="_blank">SNIPR Technologies Ltd. v. Rockefeller University </a>(Fed. Cir.) Prevailed in a precedential decision reversing the Patent Office’s interpretation of the America Invents Act (AIA) that subjected patents post-dating the Act to pre-AIA interference proceedings. The decision revived five of SNIPR’s patents related to CRISPR technology.</li><li><a href="/resources/video-audio/220114-broadcom-corporation-v-renesas-matsui" target="_blank">Renesas Electronics Corporation v. Broadcom Corporation</a> (12:40) (Fed. Cir.) Successfully argued and briefed multiple appeals from an International Trade Commission (ITC) decision and several Patent Trial and Appeal Board decisions related to an ITC investigation initiated by Broadcom involving systems-on-chip powering automobile infotainment systems.</li><li><a href="/resources/video-audio/210706-cr-bard-v-medline-industries" target="_self">C.R. Bard Inc. v. Medline Industries, Inc.</a> (0:45) (Fed. Cir.) Won vacatur of three Patent Trial and Appeal Board decisions on obviousness.</li><li><a href="https://oralarguments.cafc.uscourts.gov/default.aspx?fl=21-1745_03102022.mp3" target="_blank">Advanced Voice Recognition Systems, Inc. v. Apple Inc.</a> (14:30) (Fed. Cir.) Secured a complete victory in appeal from Patent Trial and Appeal Board that all challenged patent claims were unpatentable.</li><li><a href="/resources/video-audio/200515-william-paulus-v-ocera-therapeutics-inc.html" target="_self">William Paulus v. Ocera Therapeutics, Inc.</a> (13:25) (9th Cir.) Successfully argued and briefed appeal in a putative shareholder class action involving a tender offer.</li><li><a href="/resources/video-audio/200410-kurtz-v-costco.html" target="_blank">Kurtz v. Costco Wholesale Corporation </a>(9:23) (2d Cir.) Successfully petitioned for review of a class certification decision, then argued and obtained a remand for the district court to reconsider its certification decision and an eventual reversal on an injunctive class certification decision.</li><li><a href="/resources/video-audio/161117-gregory-bartko-v-sec.html" target="_self">Gregory Bartko v. SEC</a> (0:53) (D.C. Cir.) Successfully argued and obtained precedential ruling that the Securities and Exchange Commission could not retroactively apply Dodd-Frank’s industry-wide sanctions on securities professionals for certain securities violations.</li></ul>