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K. Issac deVyver Partner

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Pittsburgh T +1 412 667 7988 F fax +1 412 667 7976
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Issac, a partner in McGuireWoods’ Financial Services Litigation group, focuses his practice on complex litigation and class actions, with an emphasis on the banking and consumer financial services industries.

Issac has a national practice representing national banks, loan servicers, auto lenders and others in the financial services industry in all manner of litigation in state and federal courts around the country.  Issac has defended financial institutions in over 100 putative class actions, taking a number through and defeating class certification and, when appropriate, settling cases on a class-wide basis.   His experience representing financial institutions in consumer finance class actions includes claims for violations of federal consumer protection statutes (for example, FCRA, FDCPA, TILA, RESPA, TCPA) and state UDAP statutes, and lending discrimination class actions under ECOA, Section 1981 and state civil rights statutes.

In the auto finance space, Issac has substantial experience representing auto lenders nationwide and state class actions alleged UCC violations arising from pre- and post-repossession notices to borrowers.  Issac has represented banks in numerous Ponzi cases, including class actions, arising from the client’s alleged banking and financing of the schemer.  He has also represented banks in large investment loss cases, many of which arose from the global financial crisis in 2008.  In additional to his work representing financial institutions, Issac maintains a complex litigation practice representing large and small corporations and private equity companies in complex litigation and business to business disputes.

Experience

  • Successfully defeated class certification and obtained summary judgment in nationwide putative class action against financial institution alleging improper collection of fees and costs in connection with foreclosure under federal and state law, including affirmance on appeal.
  • Successfully defeated class certification in nationwide putative class action against financial institution alleging improper collection of interest on mortgages under state law.
  • Successfully struck class allegations in multi-state class putative class action against mortgage loan servicer alleging improper collection of interest on mortgages under state law.
  • Successfully defeated class certification and obtained summary judgment in multi-state putative class action against financial institution alleging improper collection of interest on mortgages under state law.
  • Successfully defeated partial class certification and obtained partial summary judgment in nationwide class action against financial institution alleging improper investment of trust assets as trustee and improper imposition of fees, and ultimately settled case.
  • Represented banking industry groups in amicus brief in support of petition to the United States Supreme Court on issues related the applicability of the Uniform Securities Litigation Uniform Standard Act for trustees of irrevocable trusts.
  • Successfully represent commercial lender to overturn jury verdict against client (who was represented by different counsel at the time of verdict), and on remand obtained summary judgment in client’s favor, and obtained multi-million dollar attorney fee award on client’s behalf.
  • Successfully obtained dismissal of nationwide putative class action lawsuit alleging claims under state and federal law against financial institution arising from the alleged improper securitization and selling of credit card debt.
  • Represented auto lender in TCPA nationwide putative class action, obtained bifurcated discovery on auto-dialer and pre-recorded call issues, and settled on an individual basis.
  • Represented financial institution in, and settled, nationwide putative class action alleging lending discrimination arising from lender’s policies for lending to DACA recipients.
  • Represented multiple auto lenders in, and settled, multiple nationwide and state putative class actions alleging UCC violation arising from pre- and post-repossession notices send to borrowers.
  • Represented financial institution in, and settled, lawsuit claiming the client failed to monitor account activity and permitted a fraud by the plaintiff’s agent.
  • Represented multiple financial institutions in, and settled, multiple lawsuits claiming the client aided and abetted a Ponzi scheme through banking activities.
  • Successfully obtained summary judgment or dismissal on behalf of auto finance company in multiple putative class actions alleging the client charged usurious interest rates under state law.
  • Represented third party services provider to financial institutions in, and settled on an individual basis, nationwide putative class action alleging violations of the Fair Credit Reporting Act.
  • Represented auto finance company in, and settled on an individual basis, multi-state putative class action lawsuit alleging improper auto title branding in violation of state law.
  • Represented auto finance company in, and settled on an individual basis, multiple nationwide putative class actions lawsuit alleging discriminatory lending practices in violation of the Equal Credit Opportunity Act.
  • Represented auto finance company in, and settled on an individual basis, putative class action lawsuit alleging violations of the Truth In Lending Act.
  • Represented financial institution in nationwide putative class action alleging RESPA violations and state law claims, obtained almost complete dismissal and settled lone remaining claim on an individual basis.

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