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Douglas Thompson defends class action complex litigation matters and represents institutions and businesses in related regulatory investigations. He serves as Co-Leader of the firm's Global Banking Sector, collaborating across our BCLP platform to deepen relationships with Banking Sector clients and to champion innovation, inclusion and thought leadership initiatives benefiting our clients and the firm alike. Over the past decade, Doug has served in a variety of firm leadership roles, including Global Practice Group Co-Leader for the firm’s Financial Services Disputes & Investigations Practice, Managing Partner of the Los Angeles office and Class & Derivative Actions Practice Group Leader.

Doug represents financial services institutions and other businesses in putative consumer class action matters and other complex consumer and commercial litigation in federal and state courts across the U.S. Throughout his career, he has represented clients in more than 250 putative class actions, and has been admitted pro hac vice in numerous federal district courts.

For financial institutions, he has defended claims under federal banking and consumer lending laws such as the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Fair Debt Collections Practices Act (FDCPA), and Equal Credit Opportunity Act (ECOA). He also defends banking deposit operations claims, including claims challenging compliance with Know Your Customer (KYC) rules, claims involving alleged ACH and wire transfer frauds, business email compromise (BEC) claims and social engineering claims, Bank Secrecy Act (BSA)related issues as well as privacy, contract claims, and commercial banking rules claims, including swaps products, purported Ponzi schemes, and related alleged violations of state unfair and deceptive acts or practices (UDAP) statutes.

For other businesses, including technology, food and cosmetics, and retail companies, Doug has defended a variety of statutory claims arising from operations and sales practices, labeling and marketing. These suits often assert state law UDAP, fraud and unjust enrichment challenges. He has represented businesses both in defending and asserting unfair competition, breach of contract, and trade secret claims, as well as claims for alleged violations of representation and warranties.

Doug has counseled clients with respect to regulatory and government agency investigations and other complex commercial disputes, including implementing quantitative risk assessment protocols, electronic discovery/ESI protocols, preferred litigation provider networks, vendor management protocols, and legal matter management technology. He is experienced in developing alternative pricing for litigation and has represented class action clients under such arrangements. 

As a leading supporter of the firm's mentoring, associate development and innovation programs, he sponsors diverse senior associates and mentors diverse junior associates in two unique firm programs, the Sponsorship program and the Global Connections Mentoring program, helping spearhead the latter to match diverse associates and partners across the globe. He has been a presenter at the firm's Business Academy for associates, and acts as an Innovation champion for the firm.

Prior to joining the firm, Doug spent more than a decade leading litigation and related legal administration strategy in corporate law departments. In this capacity, he managed a national financial services institution’s enterprise-wide portfolios of consumer finance, employment, commercial, and securities litigation and class actions. Doug’s extensive in-house experience enables him to focus litigation strategy and resources to address the issues most critical to institutional clients.

Doug is a contributing author to Financial Regulation: Emerging Themes in 2022 – an extensive collection of articles around the themes of Sustainability & ESG; Talent & People and I&D; Regulatory Risk & Enforcement; Governance; Technology; and Changing Markets.

Practices

Civic Involvement & Honors

    • United Way of Greater Los Angeles – Tocqueville Society Cabinet Co-Chair, 2018-present; Member, 2017-present
    • Constitutional Rights Foundation – Executive Committee of Board, 2014-present; Director, 2005-present  
    • Civil Justice Association of California – Director, 2003-2008
    • California Governor-Elect Arnold Schwarzenegger’s Transition Working Group for Civil Justice – Member, 2003
    • Martindale-Hubble AV Preeminent Rating
    • LA Business Journal's LA500, most influential people in Los Angeles, 2019
    • Civil Justice Association of California – Director, 2003-2008
    • California Governor-Elect Arnold Schwarzenegger’s Transition Working Group for Civil Justice – Member, 2003
    • Martindale-Hubble AV Preeminent Rating
    • LA Business Journal's LA500, most influential people in Los Angeles, 2019
    • Martindale-Hubble AV Preeminent Rating
    • LA Business Journal's LA500, most influential people in Los Angeles, 2019
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Professional Affiliations

    • American Bar Association, Litigation and Business Law Sections
    • Los Angeles County Bar Association
    • Association of Corporate Counsel (2003-2008)
    • Los Angeles County Bar Association
    • Association of Corporate Counsel (2003-2008)
    • Association of Corporate Counsel (2003-2008)
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Representative Experience

Litigation – Retail & Consumer Banking Financial Services

  • Obtained dismissal of putative statewide Texas class action claims against national bank alleging the Texas home equity loan modifications violated state law pending in Northern District of Texas
  • Defeated class certification of putative class action pending in Southern District of California federal court alleging national bank entity's purported wrongful breach of contract arising from loan modification offers and loss mitigation efforts
  • Obtained dismissal of putative class action alleging unfair and deceptive loan servicing practices for national loan servicer in Guam federal court
  • Obtained dismissal of putative national FDCPA class action for national loan servicer in Indiana federal court
  • Obtained dismissal of putative California statewide class action, alleging claims for improper late charges, for national bank subsidiary in California federal court
  • Obtained dismissal of two putative nationwide class actions alleging violations of TILA notice requirements and obtained favorable individual settlements for national bank entities in Alabama federal court
  • Successfully moved to strike putative statewide class allegations in case alleging improper property preservation and foreclosure for national servicer in Kansas federal court
  • Defeated class certification and obtained individual summary judgment in putative California statewide class action against national lender alleging improper loan origination practices
  • Obtained summary judgment in putative Ohio federal court statewide class action matter alleging claims against national lender and loan servicer in connection with forced place insurance and loan origination and servicing
  • Obtained dismissal of two putative Georgia statewide class actions alleging foreclosure process challenges in Georgia federal court
  • Obtained favorable individual settlements for national mortgage lending entities and appraisal management company in multiple putative class action matters filed in various federal courts asserting claims for alleged RICO and RESPA violations in connection with home purchase finance and valuation
  • Obtained favorable individual settlement for national mortgage trustee and servicer in putative Illinois class action asserting allegations of unfair practices in connection with REO properties
  • Successfully represented national servicer in connection with putative class claims alleging improper payment processing
  • Represented global retail banking institution in putative class action alleging violation of COVID -19 mortgage modification and loss mitigation moratoria. Obtained dismissal of putative class claims and successful individual settlement
  • Represented global consumer retail banking institution and related defendants in California state court litigation claiming consumer elder abuse in connection with alleged third party fraud scams involving electronic funds transfers
  • Represented global consumer retail banking institution in California federal court litigation claiming consumer elder abuse in connection with alleged third party fraud scams involving electronic funds transfers

Litigation – Commercial & Business Banking Financial Services

  • Obtained dismissal of putative class action pending in Central District of California alleging against a global banking institution violations of Bank Secrecy Act and know your customer requirements in connection with bank deposits and an alleged investment Ponzi scheme
  • Obtained dismissal of commercial lending claims brought against national bank in California federal court alleging unfair practices and breach of SWAP contract
  • Obtained dismissal of multimillion dollar claims in commercial arbitration matter for insurance services company involving claims of trade secret misappropriation and breach of insurance producer agreement
  • Favorably resolved multi-plaintiff claims filed in Southern District of California federal court alleging RICO conspiracy and loan origination claims in connection with Florida property developments

Investigations & Regulatory – Banking & Financial Services

  • Advised national bank in regulatory foreclosure horizontal review regarding vendor management, foreclosure practices and notary requirements
  • Represented global commercial business banking institution in pre-litigation investigation and claims regarding commercial business customer employee social engineering event involving multiple allegedly unauthorized outbound fraud electronic funds wire transfers
  • Represented global commercial business banking institution in pre-litigation investigation and claims alleging commercial business customer business email comprise (BEC) spoofing event involving multiple allegedly unauthorized outbound ACH electronic funds transfers
  • Represented global consumer and small business banking institution in multiple projects assessing Comprehensive Capital Analysis Review (CCAR) line of business legal risk scenarios
  • Represented national bank in conducting fair lending HMDA data regulatory compliance and risk assessments
  • Advised national bank regarding consumer and commercial banking deposit services agreement provisions, including dispute resolution venue and jurisdiction provisions

Retail Business & Technology Representations

  • Obtained dismissal for global food company of putative nationwide class action asserting claims for violation of unfair competition and advertising laws and other related claims regarding food product labeling and marketing
  • Obtained dismissal for skin care company of putative California CLRA and false advertising class action claims regarding cosmetics product labeling and marketing (scientific support challenge)
  • Obtained favorable individual settlement for social media technology services company in putative California statewide class action asserting claims for violation of state disclosure statutes
  • Advised retail sports electronics company regarding implementation of consumer arbitration provisions into terms of service and consumer warranty materials
  • Advised social media technology services company regarding implementation of consumer arbitration provisions and class action waivers into terms of service

Publications

Speaking Engagements

  • “ESG Sustainability Risks & Opportunities for Bank Climate & Green Strategies,” speaker panelist, Association of Foreign Banks - CEO Programme, London, UK (webinar), November 24, 2021
  • “Mitigating Litigation, Operations & Reputation Risk in Today’s ESG Social Activism Environment,” speaker, Securities Industry & Financial Markets Association (SIFMA) Compliance & Legal Annual Seminar - Learning Lab (webinar), July 20, 2021
  • “Regulatory & Risk Priorities for Large Banks – US Focus,” speaker, BCLP Emerging Themes in Financial Regulation 2021 webinar, February 4, 2021
  • "Class Action Litigation Risk Developments: Spokeo Standing & Stacked Damages Claims," speaker, Mortgage Bankers Association Legal Issues & Regulatory Compliance Conference, Los Angeles, Calif., April 29, 2018
  • “Achieve Your Goals: Marrying the Business of Law with the Practice of Law,” speaker, The Association of Corporate Counsel Southern California Roundtable CLEs, Los Angeles, Irvine and Calabasas, Calif., July 18-20, 2017; The Association of Corporate Counsel Southern California In-House Boot Camp, Los Angeles, Calif., Sept. 13, 2017
  • “CFPB 2017 – Agency Priorities and Areas of Emphasis, and Industry Planning Moving Forward,” speaker, California Bankers Association Directors Conference & 50th Annual Bank Counsel Seminar, June 2017
  • American Conference Institute's 13th National Forum on Residential Mortgage Litigation and Regulatory Enforcement, co-chair and panel moderator, January 2014
  • "The CFPB’s Regulatory and Enforcement Agenda: Changes on the Horizon and Adapting Your Practice in Anticipation of January 2014 Implementation Dates," speaker, American Conference Institute’s 12th National Forum on Residential Mortgage Litigation and Regulatory Enforcement, September 2013
  • "Managing and Defending Against Class Actions: Prevailing Against New Plaintiff Strategies, Application and Impact of Concepcion and Wal-Mart v. Dukes, and Class Action Mortgage Trends in the State of California," conference co-chair and speaker, American Conference Institute's Residential Mortgage Litigation and Regulatory Enforcement Forum, January 2013
  • "Dodd-Frank Section 1031 & UDAP Claims: Defining Unfair, Deceptive or Abusive Practice Claims and What The New Standards Mean in the Hands of the CFPB," speaker, American Conference Institute Consumer Finance Class Actions & Litigation Conference, January 2012
  • "Making Home Affordable? An Analysis of Litigation Over Loan Modification: Best Defenses and Settlement Techniques," speaker, American Conference Institute Consumer Finance Class Actions & Litigation Conference, January 2011
  • “Truth-in-Lending: Responding to the Continuing Evolution of TILA and Its Case Law,” speaker, American Conference Institute Consumer Finance Class Actions & Litigation Conference, January 2010

Prior to 2010, Mr. Thompson served as a panelist, moderator, or speaker for a variety of industry conferences, including the American Conference Institute’s Consumer Finance Litigation & Class Actions Conference, the Association of Corporate Counsel-Southern California’s MCLE Conference, the Mortgage Bankers Association of America’s National Servicing Conference, and the Mortgage Bankers Association of America’s Class Action Litigation Working Groups.

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