- OVERVIEW
- EXPERIENCE
- INSIGHTS
- NEWS & EVENTS
PRACTICES
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Education
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Northwestern University School of Law,
J.D., cum laude, 2005, Editor, Northwestern University Law Review
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University of Wisconsin-Madison,
B.S., Political Science, English, 2000
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Admissions
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California
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Colorado
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New York
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Luke is an experienced financial services litigator, having spent most of his career defending banks, mortgage servicers and other financial institutions in individual and class action cases across the country. Luke also holds a CIPP/US certification from the International Association of Privacy Professionals, and provides comprehensive advice on litigation risks related to federal and state data privacy laws, including the California Consumer Privacy Act (CCPA).
Luke has successfully defended clients in lawsuits brought under various state and federal consumer protection statutes related to loan origination, servicing, debt collection, foreclosure and unfair or deceptive practices. Luke is also an experienced appellate lawyer who has represented numerous bank and servicer clients on appeal.
Luke has been at the forefront of data and cybersecurity issues, with a particular focus on the financial services industry. He is certified by the International Association of Privacy Professionals as a U.S. Private Sector privacy professional (CIPP/US), and advises financial services companies on federal and state laws governing data management, privacy and eMortgage/digital mortgage processes, as well as best practices for handling private consumer information. Luke has also written and spoken extensively about California's new privacy law, the CCPA, including its impact on financial institutions.
Commercial Litigation
Representation of financial services company in lawsuit alleging tortious interference with plaintiff's factoring agreement with an entity in which the company had a significant investment. Obtained complete summary judgment on claims seeking over $11 million. Affirmed on appeal.
Representation of real estate development company in lawsuit alleging breach of fiduciary duty relating to misappropriation of key assets.
Representation of introducing broker in negligence and breach of duty claims arising from alleged account liquidation.
Representation of global manufacturing solutions company in numerous seven-figure arbitrations with customers and suppliers.
Representation of clothing manufacturer in U.S. proceedings arising from alleged foreign trademark infringement.
Representation of manufacturer of laboratory equipment in contract dispute with supplier.
Representation of advertising technology company in contract dispute with third-party software developer.
Representation of real estate development company in lawsuit alleging trade-secret theft.
Consumer Litigation
Representation of major mortgage servicers and lenders in individual and putative class action lawsuits alleging various lending violations, origination fraud, loan-servicing errors, premises liability, and title issues.
Representation of major telecommunications company in putative class action alleging false advertising and unfair competition claims relating to telecommunications services.
Representation of major telecommunications company in putative class action under the Telephone Consumer Protection Act.
Representation of community bank in putative class action alleging improperly-assessed and collected overdraft fees.
Representation of retail restaurant chain in putative class action alleging false advertising and unfair competition claims relating to food-delivery fees.
Representation of food manufacturer in putative class action alleging false advertising and unfair competition claims relating to food labeling.
Representation of online retailer in claims involving online presentation of discounted pricing.
Consumer Data Privacy and Security
Advising major sales and marketing company on California privacy laws as applied to significant California marketing campaign.
Advising major consultancy firm on the privacy and security aspects of its contracting processes with its customers that collect consumer information.
Advising insurance client on California privacy laws as applied to its California-based operations.
Luke also serves as a board advisor to the U.S. subsidiary of an international aerospace manufacturing company headquartered in the U.K.
Blogs
Utah and Connecticut enact comprehensive data privacy laws
Numerous privacy bills introduced in California legislature
SEC announces proposed rule related to cybersecurity risk management for investment advisers
Federal Trade Commission publishes final updated Safeguards Rule
Computer-security incident notification requirement takes effect April 1, 2022
CPPA invites comments on various privacy topics
The evolving standing doctrine in privacy litigation - Ramirez and beyond
Adrienne Harris nominated as Superintendent of the New York State Department of Financial Services
Claims under CCPA survive motion to dismiss
TCLEs
10 Ways To Avoid Cyber & Privacy Lawsuits
Complying with the Revised FTC Safeguards Rule: Lessons from the New York Experience
The Revised FTC Safeguards Rule - What It Means and Why It Is More Important Than You Might Think
California Privacy: CCPA and Beyond
Election Day Impacts for Cyber and Privacy
Protecting the Ever-Increasing Endpoints in Higher Education
In the Cyber Cross-hairs: Protecting High-Profile Targets
CCPA for Financial Institutions
Using GDPR to Prepare for CCPA, and Vice-Versa
Publications
"On Compliance: Should Your Credit Union Be A Plaintiff In A Data Breach Class Action Suit?,"
Credit Union Management, publication of the Credit Union Executives Society (CUES), July 2019
"Inconsistency in the Courts: Applying Spokeo v. Robins to FDCPA and RESPA claims”
DS News, May 2017
"A More Stringent Article III Standard As A Useful Class-Action Tool (Even Beyond Data-Breach Cases),”
Metropolitan Corporate Counsel, October 2014
"Resurgence Of 'Negligent Loan Servicing' Theory In California,"
Law 360, September 2014
Chapter 19
Consumer Financial Services Answer Book 2022