Brian L. Moffet

Brian Moffet is the Chair of the Firm’s Commercial Litigation Group and is a member of the Financial Services Practice Group.  He is also Chair of the Electronic Discovery Practice Group.

Brian represents financial institutions from national banks to mortgage lenders and other financial services providers in federal and state consumer financial services class action litigation and in arbitration.  Brian also assists clients with developing document retention policies and complying with the emerging standards of preserving and producing electronic discovery in connection with pending and anticipated litigation and government investigations.

Brian has litigated a wide variety of lender liability claims arising under the Truth in Lending Act (TILA), the Real Estate Settlement Procedure Act (RESPA); the Fair Credit Reporting Act (FCRA), state unfair and deceptive acts and trade practices laws (UDAP), and other federal and state consumer lending statutes and regulations.  He has appeared and argued before the United States Court of Appeals for the Fourth Circuit, the Maryland Court of Appeals and the Court of Special Appeals.  Brian has also participated in appeals before the Maryland Court of Appeals as counsel for amicus curiae.

Brian’s recent experience includes:

• Obtained summary judgment on behalf of a state chartered bank in a putative class action lawsuit challenging the recapture of authorized closing fees as an impermissible prepayment penalty
• Defeated class certification on behalf of a national mortgage lender in a consumer class action lawsuit involving violations of the Maryland Secondary Mortgage Loan Law
• Obtained dismissal of “predatory lending” claims on behalf of purchasers of second mortgage loans in a series of state consumer class action lawsuits
• Represented mortgage lenders in class action litigation involving alleged violations of RESPA, the Maryland Consumer Protection Act, and other common law claims 
• Represented a national bank at trial and before the Maryland Appellate Courts in a declaratory judgment action, challenging the legality of the “Thumbprint Signature Program” 
• Represented a national check cashing company in a consumer class action, asserting usury claims based on short-term consumer loan product

Brian has appeared as a panelist at a number of continuing legal education seminars and industry and trade association meetings, including the American Bankers Association.