Burke, Warren, MacKay & Serritella, P.C.

The firm's Consumer Financial Services Class Action Defense group is a national commercial litigation practice concentrating in class action and multi-district litigation. The group has defended several of the country's major banks and mortgage banking companies in over 100 nationwide class action cases involving a variety of state and federal claims.

Since the proliferation of class action litigation against the mortgage banking industry began almost 20 years ago, we have successfully defended nationwide class actions filed in state and federal courts across the country. Those cases involve claims for violation of various federal statutes, such as the Racketeer Influenced and Corrupt Organizations Act (RICO), the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Debt Collection Practices Act (FDCPA) and the Cranston-Gonzales Act. Many of those cases also involve claims for violation of various states' statutes, including statutes relating to consumer fraud, reconveyance of deeds of trusts and/or satisfaction of mortgages, the charging of property inspection fees and fees charged at the time of loan payoff. Other state law claims include claims for breach of contract, breach of fiduciary duty, and unjust enrichment and common law fraud, among others.

The particular types of class actions we have defended involving the mortgage lending and servicing industries include challenges to escrow practices, fees at payoff, force placed insurance, property inspection fees, private mortgage insurance fees, late fees, yield spread premiums, as well as a servicer's policies and practices for responding to "qualified written requests" under the Cranston-Gonzales Act.

At Burke, Warren, MacKay & Serritella, P.C., we believe that diversity in the workplace enhances the quality of the legal services we provide and enables us to bring a broader perspective to the problems our clients face. Diversity also enriches the work atmosphere itself.

Diversity Committee

The BWM&S diversity committee, formed in 2006, is responsible for developing, monitoring, and evaluating Firm strategies and progress in recruiting and retaining a diverse workforce. Chaired by the Firm's managing partner, Jeffrey D. Warren, the committee is comprised of male and female members with various backgrounds, including associates, partners and staff. Members share a commitment to increasing the Firm’s diversity. Each uses his or her unique experiences and background to support and further that goal.

Summer Associate Committee

The Firm seeks to recruit summer associates with strong legal skills and diverse backgrounds. The Summer Associate Committee, chaired by John Kobus, works with the Firm's Diversity Committee in the recruiting and evaluation of potential candidates. It is the expectation that Summer Associates will join the Firm upon graduation. The Summer Associate Committee is comprised of 80% women. Over the last three years, 75% of the Firm's summer associates have been women.

A Call to Action

In 2006, the Firm became a signatory on two Chicago Bar Association diversity initiatives. The first commits the Firm to increase the number of women in leadership positions. The second commits the Firm to increase the diversity in its hiring, retention and promotion of attorneys.

Success with gender diversity as of 2006

We believe that the quality and depth of women attorneys in particular at our Firm is an indication of our commitment to diversity:

• More than 25% of Firm attorneys are women;
• More than 50% of Firm associates are women;
• Over the last three years, 75% of Firm summer associates, the primary source of new attorney hires, have been women;
• Over the last three years, more than 40% of lateral hires have been women;
• Karen MacKay is one of the only female name partners among large and mid-sized Chicago law firms;
• Other women at the Firm have attained important leadership positions, including LeAnn Pope who chairs one of the Firm's most significant practice groups;
• The Firm has responded positively to every request received for more flexible hours and working arrangements. Currently over 25% of our female attorneys work flexible schedules to better allow for work/family balance.

A comparison of Firm results: January 2006 vs. Today

• Women partner representation has grown from 24% to 35% through promotions and lateral hires;
• The number of women participating in flexible work arrangements has doubled – the majority of whom are partners;
• The number of women associates at the Firm has grown from 50 to over 60%;
• African American representation has grown from zero to 10% of our associates;
• Asian American representation has grown from zero to 10% of our associates.