Alan is an experienced business law trial attorney. Alan has represented businesses in many venues; in the last three years alone he has defended in court cases in seven states (Illinois, Maryland, Missouri, North Carolina, Pennsylvania, South Carolina, and Virginia), as well as handling arbitrations arising under the Federal Arbitration Act (FAA). Alan has represented businesses in many venues; in the last three years alone he has defended cases in seven states (Illinois, Maryland, Missouri, North Carolina, Pennsylvania, South Carolina, and Virginia). Alan has particularly extensive experience in the United States District Court for the Eastern District of Virginia, the famed "rocket docket," having handled more than 120 cases in that court alone. Alan's practice includes counseling to help businesses comply with the myriad and growing laws in the consumer law and financial services fields, with a particular emphasis on the many "alphabet soup" federal consumer protection statutes such as the Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA) and Regulation Z (Reg Z), and Equal Credit Opportunity Act (ECOA) and Regulation B (Reg B), as well as the impact of Dodd-Frank Wall Street Reform and Consumer Protection Act on the consumer protection landscape.
Recent Representative Experience
Financial and Consumer Law Litigation
Represented banks, broker-dealers, a premium finance company and other entities in the financial service industry in a wide variety of non-consumer arbitration, litigation and disputes, including contract, lender liability, fiduciary liability, UCC negotiable instrument, complex creditors' rights including judicial sales, mechanic's liens, trust administration, securities fraud and bankruptcy adversary proceeding litigation.
Represented banks of all sizes, mortgage companies, consumer finance companies, credit card issuers, specialized lenders, franchise and independent automobile dealers, an international oil company, and a major staffing agency in defense of, in total, more than 120 consumer law cases, including class actions, alleging a wide range of consumer law claims, including under the Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA) and Regulation B (Reg B), Truth in Lending Act (TILA) and Regulation Z (Reg Z), Home Owner's Equity Protection Act (HOEPA), Real Estate Settlement Procedures Act (RESPA), federal and state Odometer Acts, Expedited Funds Availability Act (EFAA), Virginia Consumer Protection Act (VCPA), other states' Unfair and Deceptive Act and Practices Acts (UDAP), usury, common law fraud, derivative liability under the FTC Holder Rule, Articles 2, 3, 4, 9 and 9A of the Uniform Commercial Code (UCC), among others.
Represented the nation's largest used car retailer in class action litigation challenging sales practices.
Represented a national consumer reporting agency in class action litigation challenging fundamental business practices.
Represented a top-ten bank and its affiliates in multiple consumer law and other disputes of all sizes .
Counseling and Compliance
Counseled the nation's largest used automobile dealer on numerous state and federal law compliance issues.
Counseled a franchise automobile dealer in compliance, transactional document drafting and numerous prelitigation dispute resolutions.
Counseled a range of companies, such as a national background investigation company, a national retailer, and a specialized financial services company, on Graham-Leach-Bliley Act (GLB), Fair Credit Reporting Act (FCRA), Equal Opportunity Credit Act (ECOA) and Regulation B (Reg B), Truth in Lending Act (TILA) and Regulation Z (Reg Z), and state analog statutory compliance obligations.
Business Litigation
Represented one of the nation's largest coal producers in multiple contract disputes, including disputes with vendors and with customers under Article 2 of the Uniform Commercial Code (UCC) and the Convention for the International Sale of Goods (CISG).
Represented regional mining corporation in shareholder derivative and corporate dissolution litigation brought by minority shareholders.
Represented leading local real estate developer in defending dissolution and breach of fiduciary duty claims brought by minority member in a limited liability company.
Represented multiple commercial landlords in counseling and litigation regarding tenant defaults, including bankruptcy representation.
Represented regional manufacturer in prosecution of patent claims.
Other Representative Activities
Co-Author, "The CFPB's Authority to Regulate 'Abusive' Consumer Financial Products and Services," published in Bureau of National Affairs (BNA), Securities Regulation & Law Report, December 2011.
Member, National Association of Dealer Counsel (invitation-only national association of automobile dealer counsel).
Volunteer, Pro Bono Hotline (Central Virginia Legal Aid Society, Inc.).
Presenter, "Devil in the Details - Drafting to Get What You Expect When Your Contract Goes to Court" (Richmond Bar Association).
Presenter, "What's Going on Here? Surging Consumer Litigation - Including Class Actions - in State and Federal Court" (Va. CLE).
Presenter, "Car Fraud Litigation" (Va. CLE).
Presenter, "Commercial and Consumer Credit Issues for Automobile Lenders" (Client CLE).
Presenter, "FCRA Update" (Client CLE).
Presenter, "Data Breaches, Statutory and Regulatory Landscape" (Client CLE).
Presenter, "Valuation of Closely-Held Companies and Professional Practices in Litigation" (Joint CLE - Virginia Society of Certified Public Accountants and Virginia State Bar).
Author, "Fiduciary Attorney-Client Communications: An Illusory Privilege?" (8 Prob. & Prop. 60).
Author, "U.S. Supreme Court Establishes Open Door Policy to State-Law, Federal-Court Class Actions" (Troutman Sanders Client Alert).
Author, "New Federal Requirements Will Impose Compliance Burdens on and Raise Litigation Risks for All Furnishers of Data to Consumer Reporting Agencies" (Troutman Sanders Client Alert).
Named, Virginia Super Lawyer in Consumer Law.
Named, Virginia Business magazine's Legal Elite.
Author, Judicial Deference to Agency's Interpretation of TILA Reaches New High Water Mark, Troutman Sanders Advisory (February 1, 2011).
Quoted, "Consumer law world of its own in Richmond court," Virginia Lawyers Weekly (April 19, 2010).
Quoted, "Pro se divorce is on the rise in Virginia," Virginia Lawyers Weekly (August 17, 2009).
Other Distinctions
Named a 2011 BTI Client Service All-Star