PROFNET EXPERT ALERTS: Government & Law

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TOPIC ALERTS

Supreme Court Nominee Sonia Sotomayor (24 responses)
Credit Card Industry Reform (17 responses)

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EXPERT ALERT

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3. Law: Opposing the Patent Reform Act in its Presently Proposed Form

SUPREME COURT NOMINEE SONIA SOTOMAYOR
Following are experts who can discuss President Obama's nomination of federal
appeals judge Sonia Sotomayor to fill the Supreme Court seat being vacated by
retiring Justice David Souter. If confirmed by the Senate, Sotomayor would be
the first Hispanic Supreme Court justice:
1. DR. BARBARA A. PERRY, Carter Glass Professor of Government at SWEET BRIAR
COLLEGE in Virginia, is a former Judicial Fellow at the U.S. Supreme Court and
recently worked at Sen. Mitch McConnell's Center at the University of
Louisville: "In nominating Sotomayor, Obama has followed a tradition that
dates to George Washington, who named justices based on their geographic
diversity. Successive presidents used religion, race and gender to create a
'representative' court. Now Obama seeks to establish the 'Hispanic' seat among
'The Supremes.' Such appointees can be symbolic representatives, merely
possessing the same characteristics of the groups they resemble; think:
Clarence Thomas. Or they can be both symbols and active representatives of
their constituencies: witness Thurgood Marshall and Sandra Day O'Connor. Like
Reagan, who courted women voters with O'Connor's appointment, Obama has
electoral designs on the Hispanic vote in naming the first Latina justice.
Moreover, Sotomayor will add another sorely needed woman's voice to Supreme
Court debates." Perry is the author of eight books, including "'The Supremes':
An Introduction to the Supreme Court Justices," "A 'Representative' Supreme
Court: Religion, Race and Gender in Appointments," "The Priestly Tribe: The
Supreme Court's Image in the American Mind" and "Freedom and the Court: Civil
Rights and Liberties in the United States" (with Henry J. Abraham). Perry has
been featured on MSNBC, C-SPAN, CNN.com, NPR, PRI, BBC, Radio Free Europe, and
is a regular guest on Wisconsin Public Radio's "At Issue." She has been quoted
by all major newspapers, including The New York Times, The Washington Post and
USA Today, as well as all major newspaper chains. Web site:
http://www.sbc.edu/news/experts/perry_barbara (5/27/09)
2. CHARLES W. DUNN, dean of the REGENT UNIVERSITY School of Government in
Virginia Beach, Va., is a seasoned political analyst and historian. He
recently wrote "The Seven Laws of Presidential Leadership" (Prentice-Hall,
2007), in which he analyzes how presidents can use Supreme Court nominations
to benefit them politically. Dunn: "Politically, President Obama hit a 'hole-
in-one' with the nomination of Judge Sonia Sotomayor. With one nomination, he
has rewarded three groups vital to his election -- women, Latinos and Roman
Catholics -- and he has backed Republicans into a corner. How can Republicans
risk alienating America's fastest growing population, Latinos? More
particularly, how can Republicans, especially senators who voted to confirm
her for the U.S. District Court and the U.S. Court of Appeals, afford to
oppose her confirmation to the U.S. Supreme Court? Because Judge Sotomayor has
rendered both liberal and conservative decisions from the bench, she does not
fit the stereotype of a flame-throwing left-winger, which strengthens
President Obama's effort to govern more as a center-left president, much like
Bill Clinton, who outfoxed conservatives and Republicans for eight years. In
short, Obama's nomination of Judge Sotomayor is a stroke of political genius.
Conservatives may grumble and growl, but, politically, there is not much they
can do to thwart the nomination. Her nomination will give fresh fodder to
conservative radio and television talk shows, such as Sean Hannity and Rush
Limbaugh, but beyond increasing their Nielsen ratings, conservatives have
little hope for success." Dunn's former political posts include serving as a
special assistant to the Minority Whip of the United States House of
Representatives, deputy director of the House and chief of staff to a United
States senator from New York. News Contact: David Teicher, dteicher@5wpr.com
Phone: +1-646-452-6418 (5/27/09)
3. ASHLEY HORNE, federal policy analyst for FOCUS ON THE FAMILY ACTION: "With
President Obama's nomination of Judge Sonia Sotomayor to the Supreme Court,
the country is again confronted with the question: What type of justices
should sit on the court? Americans overwhelmingly support justices who base
decisions on the law and the Constitution, practice judicial restraint and
believe judges should never make policy. From what we know about her, though,
Judge Sotomayor considers policy-making to be among a judge's roles, no matter
what the law says. She disregards the notion of judicial impartiality, even
stating that as a Latina woman with her life experience, she should 'more
often than not' reach a better conclusion than a 'white male who hasn't lived
that life.' The president's professed desire for judges with 'empathy,' rather
than impartiality, might deny the country what the Founding Fathers intended
and wrote into the Constitution -- judges who dispense justice without regard
for the status of any party that comes before them." Horne is based in
Colorado Springs, Colo. (MDT). News Contact: Devon Williams,
Devon.williams@fotf.org Phone: +1-719-268-4814 (5/27/09)
4. IVAN BODENSTEINER, professor of law at the VALPARAISO UNIVERSITY School of
Law in Valparaiso, Ind.: "Judge Sotomayor appears to be an excellent choice
because of her credentials, including her experience and academic background.
In addition, her confirmation will bring the court one step closer to
reflecting the population our justice system is supposed to serve. Some of the
comments that have appeared in the news -- such as 'identity politics matter
to (President Obama) more than merit' and 'she has an expansive view of the
role of the judiciary' -- miss the mark, because her merit matches that of
current members of the court and the role of the court, at least since Marbury
v. Madison (1803), has included determining the constitutionality of
legislative as well as executive actions." Bodensteiner's research and
teaching interests include constitutional law, evidence and civil rights. A
member of the American Bar Association, the Indiana State Bar Association and
the American Civil Liberties Union, he has published several articles related
to constitutional and civil rights law, including "The Supreme Court as a
Major Barrier to Racial Equality" and "The Demise of the First Amendment as a
Guarantor of Religious Freedom." He also is co-author of the four-volume
treatise, "State and Local Government Civil Rights Liability." He joined
Valpo's law faculty in 1972 and served as dean for six years. News Contact:
Dustin Wunderlich, dustin.wunderlich@valpo.edu Phone: +1-219-464-5114
(5/27/09)
5. CHRISTINE NEMACHECK, associate professor of government at the COLLEGE OF
WILLIAM AND MARY: "President Obama's selection of Judge Sonia Sotomayor of the
Second Circuit Court of Appeals is historic as the first nomination of a
Hispanic candidate for the U.S. Supreme Court. However, in several ways, the
choice itself, as well as the process of selecting Judge Sotomayor, was
predictable and consistent with past appointments to the court. Just as
presidents before him have done, President Obama acted strategically in the
selection process to lessen his uncertainty as to how his future candidate
would decide cases on the Supreme Court, and to limit his uncertainty
surrounding the Senate's confirmation decision." Nemacheck recently wrote a
book on the Supreme Court nomination process, titled "Strategic Selection:
Presidential Nomination of Supreme Court Justices from Herbert Hoover through
George W. Bush" (University of Virginia Press, 2007). News Contact: Erin
Zagursky, eazagu@wm.edu Phone: +1-757-221-1020 (5/27/09)
6. JOHN F. BOWEN, partner at FORD & HARRISON LLP's Minneapolis office:
"President Obama's nomination of Sonia Sotomayor to the U.S. Supreme Court to
replace retiring Justice David Souter is a particularly divisive choice, in
light of Sotomayor's reputation as a far-left activist judge throughout her
judicial career. If confirmed, however, Sotomayor's elevation to the Supreme
Court from the U.S. Court of Appeals for the Second Circuit will not likely
change the ideological composition of the court, because she would replace
another liberal voice in Justice Souter. Despite Sotomayor's qualifications,
most conservatives will likely challenge her nomination because of her liberal
approach to constitutional issues and questions of law. For example, her
statement that the Courts of Appeal are where policy is made reflects an
almost callous disregard for the framework of the Constitution and the
separation of powers between the executive, legislative and judicial branches
of the federal government. Moreover, the recent controversial decision in
Ricci v. Destefano regarding the New Haven firefighters -- essentially
upholding reverse discrimination against whites -- suggests that she favors
reaching a particular policy outcome in crafting judicial decisions, rather
than the application of the rule of law." News Contact: Valerie S. Crow,
vcrow@fordharrison.com Phone: +1-404-888-3855 (5/27/09)
7. TIM O'BRIEN, distinguished visiting professor of law at NOVA SOUTHEASTERN
UNIVERSITY in Fort Lauderdale, Fla.: "The president is sending a message of
hope to the disadvantaged with a nominee who has taken the long route from the
projects of the South Bronx to the highest court in the land. She will
perpetuate a liberal voice on the court for another generation. A president's
Supreme Court appointment is often the most enduring legacy they ever have,
and that could well be the case here. She may have trouble during confirmation
hearings if she suggests that she's going to decide cases on where her heart
lies or let empathy figure into her decision-making process. But at her
opening statement, she talked about the rule of law and the importance of
deciding cases on what the law says. If she sticks to that, she should have no
problem being confirmed." News Contact: Laura Snyder, laura@dickjonescomm.com
Phone: +1-347-240-4745 (5/27/09)
8. PAULA MONOPOLI, Marbury Research Professor of Law and founding director of
the Women, Leadership and Equality Program at the UNIVERSITY OF MARYLAND
School of Law: "Judge Sotomayor brings not only a diversity of experience in
the legal profession to the court, she also brings her unique life experience
as a Hispanic woman. More than 50 percent of our population is female, yet we
currently have only one woman on the court, Justice Ginsburg, more than 25
years after the first woman was appointed. While Sotomayor will interpret the
Constitution and statutes with the same intellectual rigor as her male
colleagues, her diverse life experiences enable her to give different weight
to certain elements in that interpretive process. This is why diversity of
experience and gender on the bench is so essential. In the early days of our
country, geographic diversity was considered vital to the legitimacy of the
court's decisions. For the same reasons, diversity of experience is important
today if citizens are to continue to embrace the court's decisions." News
Contact: Jeffrey Raymond, jraymond@umaryland.edu Phone: +1-410-706-3803
(5/27/09)
9. ELIZABETH KELLEY is a Cleveland-based criminal defense attorney: "Judge
Sotomayor is a superb choice, and I hope the Senate confirms her before it
recesses for summer. She would bring sterling credentials to the court, but I
am particularly impressed by the fact that she knows the cases before her
involve flesh-and-blood human beings. In a 1998 interview, she described how
horrible she felt when she first started as a judge and sent her first
defendant to prison. Criminal cases frequently come before the court, and we
need not only someone who has experiences with those issues as a former
prosecutor, but also someone who knows that her decisions have real-world
consequences for victims and defendants, as well as their families." With a
tireless commitment to justice and exceptional legal skills, Kelley helps
individuals navigate the criminal court systems. She specializes in
representing individuals with mental illness. She has experience with all
types of serious felonies, including cyber crimes and Ponzi schemes. Kelley is
often asked by various television and radio programs to comment on celebrities
in legal trouble. News Contact: Mark Goldman, markgoldman73@gmail.com Phone:
+1-516-639-0988 Web site: http://www.elizabethkelleylaw.com (5/27/09)
10. BRUCE MURPHY, Fred Morgan Kirby Professor of Government and Law at
LAFAYETTE COLLEGE in Easton, Pa., is a U.S. Supreme Court expert. He spent the
spring semester with his seminar class of seniors reviewing 17 of the possible
candidates for the next vacancy on the Supreme Court. The class came to the
conclusion that from a political point of view, Obama's best choice might be a
Hispanic appointment, thus creating a Hispanic seat on the court: "With calls
for putting another woman on the court, both of these strategies would seem to
tip the choice toward 2nd Circuit Court of Appeals (NY) Justice Sonia
Sotomayor." Murphy is the author of a trio of books on Supreme Court justices:
"Wild Bill: The Legend and Life of William O. Douglas" (2003), "Fortas: The
Rise and Ruin of a Supreme Court Justice" (1988) and "The Brandeis/Frankfurter
Connection: The Secret Political Activities of Two Supreme Court Justices"
(1982). He is also the author or co-author of two college textbooks,
"Portraits of American Politics: A Reader" and "Approaching Democracy: An
Introduction to American Government," now in its fourth edition. News Contact:
Rita Malone-Sorensen, maloner@lafayette.edu Phone: +1-610-330-5690 (5/27/09)
11. ROBERT SCHAPIRO, constitutional law expert at EMORY UNIVERSITY School of
Law: "A first-term president is 'always campaigning,' so the nomination of
federal Judge Sonia Sotomayor, a Hispanic, should not come as a surprise. I've
been expecting the same political savvy that got the chief executive elected
to guide the president's first nomination to the high court. President Obama
has shown centrist tendencies, including his support of the court's decision
in the D.C. v. Heller case upholding the Second Amendment right to bear arms.
Obama also criticized the decision in the Kennedy v. Louisiana case, holding
it unconstitutional to apply the death penalty to child rapists. Those
instincts toward moderation apply to Supreme Court appointments as well. Most
had speculated that the next appointment would be a woman, and I'd expected
Sotomayor to be at the top of anyone's list." Schapiro served as a clerk for
U.S. Supreme Court Justice John Paul Stevens. He is the author of a new book,
"Polyphonic Federalism," arguing that the relationship between the states and
the national government is among the most contested issues in the United
States. Schapiro is based in Atlanta. News Contact: Elaine Justice,
elaine.justice@emory.edu Phone: +1-404-727-0643 (5/27/09)
12. ARTHUR LEAVENS, professor at the WESTERN NEW ENGLAND COLLEGE School of
Law: "Judge Sotomayor has already weighed in on one hot-button issue that may
well soon come before the court, and that is the reach of the newly
resurrected Second Amendment right to bear arms. In Heller, the Supreme Court
held that the Second Amendment protected an individual's right to bear arms in
his or her home, striking down Washington, D.C.'s very restrictive gun ban.
However, since Washington, D.C., is a federal enclave, Heller left unresolved
the important question of whether the Second Amendment applies to the states
(as opposed to just the federal government). This question, technically
whether the Second Amendment's protections are incorporated into the 14th
Amendment's due-process protections and are thus applicable to the states, is
open. If the Supreme Court were to hold that the Second Amendment is not
incorporated into the 14th Amendment's due-process clause, it would leave the
states and localities free to ban guns as they see fit, considerably reducing
the impact of Heller. In Maloney v. Cuomo, decided this past February, the
Second Circuit held that the Second Amendment's protections are not
incorporated into the 14th Amendment and thus do not apply to the states.
Judge Sotomayor joined in that opinion." Leavens is based in Springfield,
Mass. News Contact: David Stawasz, dstawasz@wnec.edu Phone: +1-413-796-2026
(5/27/09)
13. PATRICIA LEARY has been teaching law for the last 20 years and is a
distinguished professor at WHITTIER LAW SCHOOL. She is an expert in
constitutional law and women and the law. As a professor at one of the most
diverse law schools in the country, she broaches issues of race and gender in
all of her classes. Leary can discuss the term "judicial activist" being used
to describe Judge Sonia Sotomayor: "The law is made of words. Those of us who
teach and study law care about words a great deal. Words can be used to
clarify and enlighten, or they can be used to obscure and distract. If I were
granted three wishes for this confirmation process, I would use one of them to
banish the deliberately inflammatory and meaningless term 'judicial activism'
from the national conversation. Let's use this opportunity to begin and
continue a deeper dialogue about law and the role of the United States Supreme
Court in our system of government." Leary is located in the Los Angeles area.
News Contact: Ana Lilia Barraza, abarraza@whittier.edu Phone: +1-562-907-4912
(5/27/09)
14. DR. JOHN NEU is a lawyer and political science professor at WHITTIER
COLLEGE who teaches courses in constitutional law, judicial process and
behavior, administrative law and criminal justice, and business law: "I think
the GOP is going to have big problems with Hispanic voters during the next
elections if they come out in strong opposition to her appointment, being that
she is the first Latina nominated to this post." Neu is also active in the gay
rights movement, and is writing a book on how the law, legal structures and
institutions, and the personnel who service them relate to gay, lesbian,
bisexual and transgendered (GLBT) persons. Neu is located in the Los Angeles
area. News Contact: Ana Lilia Barraza, abarraza@whittier.edu Phone: +1-562-
907-4912 (5/27/09)
15. STEVE MILLOY, lawyer, publisher of JUNKSCIENCE.COM and author of "Green
Hell: How Environmentalists Plan to Control Your Life and What You Can Do to
Stop Them": "Supreme Court nominee Sonia Sotomayor represents a potential
threat to U.S. consumers and the economy, in terms of energy and the
environment. She sided with extreme environmental groups who had sued the EPA
because the agency permitted cost-benefit analysis to be used in the
determination of environmental protection technology for power plants.
Fortunately, Judge Sotomayor's decision was overturned by the Supreme Court
this past April. Had the EPA been required to abide by Judge Sotomayor's
decision, American consumers would have been forced to pay billions of dollars
more in energy costs every year. Judge Sotomayor seems to lack the common-
sense realization that the benefits of environmental regulation must outweigh
its costs -- a position with ominous implications, given the nation's present
rush toward cap-and-tax global warming regulation." Milloy is based in
Washington, D.C. News Contact: Audrey Mullen, audrey@advocacyink.com Phone:
+1-703-548-1160 (5/27/09)
16. VINCENT MARTIN BONVENTRE, professor at ALBANY LAW SCHOOL, provided the
following commentary on a recent blog post at NewYorkCourtWatcher.com: "Sonia
Sotomayor. She would seem to have it all. Certainly, for a president looking
for a well-qualified, politically appealing Supreme Court nominee. (At least
on paper.)" Bonventre teaches, comments and advises on courts, judges and
various areas of public law. His particular focus is on the judicial process,
civil rights and liberties, criminal law, state constitutional adjudication,
the Supreme Court and the New York Court of Appeals. He has authored numerous
works on these subjects. News Contact: Nick Crounse, NCrou@AlbanyLaw.edu
Phone: +1-518-445-3208 Web site: http://www.newyorkcourtwatcher.com (5/27/09)
17. Following are experts from THE UNIVERSITY OF CALIFORNIA, DAVIS, School of
Law who are available to comment:
-- KEVIN JOHNSON, dean of the School of Law and professor of Chicana/o
studies, is an expert on gender and racial diversity on the bench, as well as
on the role that race plays in federal judicial appointments. A specialist in
civil rights and immigration law, Johnson is the author of "On the Appointment
of a Latina/o to the Supreme Court," an article in the summer 2008 issue of
the Hispanic National Bar Association Journal of Law & Policy. Johnson is the
first Latino dean of a University of California law school.
-- VIKRAM AMAR, professor of law and associate dean for academic affairs,
spoke at Santa Clara Law School in Santa Clara, Calif., earlier this year on
the implications of changing Supreme Court personnel. A former law clerk for
U.S. Supreme Court Justice Harry A. Blackmun, Amar writes, teaches and
consults in constitutional law, civil procedure and remedies. He is a co-
author of the 2005 book "Constitutional Law: Cases and Materials" and has
published in a variety of journals, including the Yale Law Journal, the
Stanford Law Review and the Cornell Law Review. Amar authors a biweekly column
on constitutional matters for FindLaw.com.
-- JOHN OAKLEY, law professor, is a nationally known expert on the workings of
federal courts. He predicted that President Obama, as a former professor of
constitutional law, would personally evaluate the writings of prospective
candidates to replace Souter. Oakley has co-authored many texts and case books
on civil procedure and the federal courts.
-- DIANE MARIE AMANN, professor of law and director of the UC Davis California
International Law Center at King Hall, can comment on the impact of a new
justice on the court's approach to Iraq war-related issues. Amann's recent
works have focused on legal responses to U.S. policies on executive detention
at Guantanamo and elsewhere, and on the use of foreign and international law
in U.S. constitutional decision-making. She served as a law clerk for U.S.
Supreme Court Justice John Paul Stevens.
-- ADELA DE LA TORRE, professor and chair of Chicana/o studies at UC Davis, is
an expert on Hispanic culture in the United States. She is available to talk
about the cultural importance to Hispanics, especially Hispanic women, of
having a Hispanic Supreme Court judge. She can also talk about issues of
importance to Hispanics that may come before the court. De la Torre is fluent
in Spanish. News Contact: Claudia Morain, cmmorain@ucdavis.edu Phone: +1-530-
752-9841
News Contact: Pamela Wu, pcwu@ucdavis.edu Phone: +1-530-754-7173 (5/27/09)
18. DION FARGANIS is an assistant professor of political science at BOWLING
GREEN UNIVERSITY specializing in the United States Supreme Court and
constitutional law. His primary areas of expertise are constitutional law,
Supreme Court justices, judicial decision making and the American judicial
process. Farganis's research examines how Supreme Court justices make
decisions and whether they are influenced by public opinion. He also studies
how justices use their written opinions to pressure other justices into
changing their views. He holds a Ph.D. in political science from the
University of Minnesota. News Contact: Scott Alan Borgelt, sborgel@bgsu.edu
(5/27/09)
19. WILSON HUHN, professor at THE UNIVERSITY OF AKRON in Akron, Ohio, is a
constitutional law expert. In a recent blog post, "What Does the Supreme Court
Need More - Judicial or Practical Experience?" (Akron Law Cafe, May 13), which
can be accessed at the second link listed below, Huhn discussed whether
Obama's nominee should have been an actual sitting judge or rather a lawyer
with more real-world, practical experience. He is fluent in French. News
Contacts: Laura Martinez Massie, massie1@uakron.edu Phone: +1-330-972-6476,
and Diana Vickers, diana@uakron.edu Phone: +1-330-972-2063 Web site:
http://www.uakron.edu/law/lawfaculty/huhn.php and
http://www.ohioverticals.com/blogs/akron_law_cafe/category/wilsonhuhn/
(5/27/09)
20. PAUL LEVINSON, professor of communication and media studies at FORDHAM
UNIVERSITY, specializes in issues pertaining to the First Amendment, the FCC
and media law. In a recent blog post, "Sotomayor's Anti-First Amendment
Decision Should Disqualify Her for Supreme Court," which can be accessed at
the link listed below, Levinson opposed the Sotomayor nomination due to the
judge's stance on the First Amendment, as exemplified by her court's decision
in Doninger v. Niehoff. Levinson is based in The Bronx, N.Y. News Contact: Syd
Steinhardt, steinhardt@fordham.edu Phone: +1-212-636-6534 Web site:
http://paullevinson.blogspot.com (5/27/09)
CREDIT CARD INDUSTRY REFORM
Following are experts who can discuss the credit card industry reform signed
into law by President Obama and what it means for consumers and the industry:
1. LISA S. ANDREWS is a special counsel with the government relations and
public policy practice group of the law firm KELLEY DRYE in Washington, D.C.
With over 20 years of public policy and advocacy experience, Andrews has
developed an expertise in financial services legislation and other issues,
such as tax, trade, pension and financial literacy. Her wide experience in
government affairs includes an appointment as deputy assistant secretary for
public liaison at the U.S. Department of the Treasury during the Clinton
administration. Andrews: "Populist sentiment is riding high in Congress, and
the credit card industry had little leg to stand on to defend practices that
were viewed as hurting the consumer -- retroactive interest rate increases,
nickel-and-diming consumers with fees, and billing practices that favored the
credit card companies. Card issuers will likely respond with higher interest
rates and stricter underwriting standards. Congress will applaud the
tightening of credit until their constituents become angry when they see their
credit shrink and have to pay higher rates." News Contact: Pamela Young,
pyoung@kelleydrye.com Phone: +1-202-342-8545 (5/26/09)
2. GENE TRUONO, managing director with BDO CONSULTING, is the former head of
compliance at Chase Cards and chief compliance officer at American Express
Bank Ltd.: "This is the most significant change to the credit card industry,
in terms of disclosure requirements, that's ever been presented. And I think
the credit card issuers are going to be careful who they issue new credit to
because their ability to adjust to changing market conditions is going to be
somewhat hampered and limited due to new restrictions. Regulators are going to
take a direct focus on the issuers in the short- and long-run to make sure
they comply with these regulations, and the regulations will be in place soon.
Right now, banks need to take a clear look at their current Unfair or
Deceptive Acts or Practices as they relate to their existing products and
services and do an analysis against the new regulations. If they put this off
at all, they are behind the curve, which will have a significant impact on
their business." Truono can elaborate on the implications of the proposed
regulations for the credit card companies and consumers, as well as
appropriate steps for the Obama administration, regulators, credit card
companies and consumers. He is based in New York City. News Contact: Dan
Brady, dan@blisspr.com Phone: +1-212-840-1661 (5/26/09)
3. BRAD STROH, national consumer finance expert and co-CEO of BILLS.COM: "The
bill is long overdue and represents an excellent start in leveling the playing
field for consumers. However, credit card reform still has a long way to go,
particularly in the areas of federal preemption and the need for better
disclosure to consumers. In the long-term, we could see some additional
effects through resulting lowered availability of credit. The credit squeeze
could also affect the credit utilization factor of credit scores, making the
situation tighter for consumers trying to obtain credit. The significance of
the bill extends beyond consumers to the credit card/banking industry. We will
likely find credit card issuers much more conservative in underwriting
decisions and less freedom in extending credit. To maintain profitability, the
banking industry will likely shift to more of a fee-driven model." Stroh can
address: 1) key provisions; 2) short- and long-term effects on consumers; 3)
effects on consumer credit scores; 4) how the bill will affect the future of
the credit card industry -- impact on underwriting decisions and
profitability; 5) how the bill will affect the banking industry --
profitability impact as banks extend less credit, the ultimate impact on the
economy and how banks will change tactics to remain profitable; 6) the
outstanding need to address the issue of preemption, as it impacts the
banking/credit card industry. Stroh resides in San Mateo, Calif. News Contact:
Aimee Bennett, aimee@faganbusinesscommunications.com Phone: +1-303-843-9840
Web site: http://www.Bills.com (5/26/09)
4. CRAIG WILDFANG, partner at ROBINS, KAPLAN, MILLER & CIRESI L.L.P. in
Minneapolis: "The credit cardholders' bill offers consumers several positive
changes, but it doesn't go far enough. This bill does not focus on the
astounding $45 billion in unnecessary interchange fees that credit card
companies and big banks collect every year from consumers and merchants. By
ignoring and allowing banks and credit card companies to continue to charge
these ever-increasing fees without any oversight, this new bill limits the
benefits to consumers and merchants, who can expect to pay even more through
these unregulated interchange fees to compensate for reduced revenue that the
bill will generate. Eliminating this $45 billion drag on the economy would
provide an obvious and immediate stimulus, so either policy makers must step
in to change how banks control the rising rates for these fees, or the
antitrust laws will dictate it in court. One way or the other, change must
come." Wildfang is co-lead counsel for a class of merchant plaintiffs seeking
to challenge the interchange fees. News Contact: Vivian Hood,
hoodv@jaffeassociates.com Phone: +1-904-220-1915 (5/26/09)
5. DUNCAN DOUGLASS, partner at ALSTON & BIRD, is an expert in payment law,
payment systems, and new restrictions and fees for credit and gift cards: "The
pending credit card legislation that has now passed the House and the Senate
will be quite costly for credit card issuers, and will impact some of the ways
issuers have conducted their credit card operations for many years. Issuers
have been preparing for much of the substance of the pending legislation since
federal banking regulators issued similar regulations late last year. However,
the versions of the bills passed by Congress, and particularly the Senate
version, will require even greater revisions to existing practices and systems
than many issuers have been contemplating. Regardless of the ultimate version
of the legislation enacted, these are monumental and expensive changes for
credit card issuers to implement." Douglass is a frequent lecturer and author
on various topics involving electronic payment systems, and is editor-in-chief
of Electronic Banking Law and Commerce Report. He is based in Atlanta. News
Contact: Lindsay McGarity, lindsay.mcgarity@edelman.com Phone: +1-202-350-6663
(5/26/09)
6. LEWIS S. WIENER, partner and chair of the financial services litigation
team at SUTHERLAND ASBILL & BRENNAN LLP: "We are likely to see credit card
rate fees rise for all borrowers and increased fees for balance transfers and
cash advances across the board. I think that in an environment where Internet
shopping is as prevalent as it is, there is a risk that credit cards will be
tougher to get and there will be a residual and negative impact on the
customer. It's very tricky when you start labeling things as predatory. I
think there is abuse in the credit market on behalf of customers and some
lenders who perhaps operate below the line, but, in my opinion, most lenders
are aboveboard and do what they say they're going to do. However, there are
still some problems in the industry, and this bill is an attempt to try and
cure some of those problems." Wiener is based in Washington, D.C. News
Contact: Jessica Riccardi, jriccardi@mww.com Phone: +1-201-964-2401 (5/26/09)
7. MIKE BRAUNEIS, director of regulatory risk consulting at PROTIVITI, a
global business consulting and internal audit firm, can discuss the
questionable industry practices that credit card companies have been involved
in and the complexities and challenges involved with credit card reform: "The
new credit bill is not a 'silver bullet' for consumers in over their head in
debt. Consumer responsibility is still needed. The biggest winners of this
reform will be borrowers and consumers. An underreported aspect to this reform
is the negative impact on the 20 percent of small banks that issue credit
cards (the Big Six include BofA, Chase, Citi, Discover, AmEx and Capital One).
Due to the high administration costs of implementing change (IT overhaul,
etc.), the smaller servicers will likely stop issuing credit cards, which
means less competition. Expect to see unintended consequences that will need
to be addressed." Brauneis is based in Chicago. News Contact: Antonia Caamano,
acaamano@stantonprm.com Phone: +1-646-502-3530 (5/26/09)
8. JONATHAN CITRIN is founder, chief executive officer, chief compliance
officer and chairman of the investment policy board at CITRINGROUP, a
Southfield, Mich.-based investment and retirement planning firm: "This bill is
a positive step towards protecting consumers, but the credit card companies
will always find other ways to make up the money lost. One thing we may see is
an overall increase in interest rates, as there is no interest-rate cap
associated with this bill. Another possible consequence is a rate hike in
other credit card services, such as cash advances or balance transfers."
Citrin also serves as an adjunct professor of finance at Wayne State
University's School of Business Administration, where his classes include
security analysis and business finance. Prior to starting CitrinGroup, he was
a financial advisor at Morgan Stanley and Morgan Stanley Dean Witter. News
Contact: Amanda Ming, aming@identitypr.com Phone: +1-248-258-2333 (5/26/09)
9. MARWAN FORZLEY, CEO of EBILLME, an alternative payment option that allows
consumers to securely pay cash when they are shopping online, is an expert and
entrepreneur in the personal finance, credit and payments industries: "The
credit card reform bill lacks focus on breaking the cycle of consumer debt by
not including incentives to manage finances well, pay with cash and save, or
supporting more ways for consumers to safely pay with cash online. For
example, limiting young people's access to credit and boosting parental
controls impacts a major demographic for retailers -- students -- who still
need/want to buy things on the Internet, like textbooks, supplies, iTunes.
Without credit cards, or under heavy restrictions, the retail industry will
need to find alternatives to continue offering online purchasing." Forzley is
an expert on alternative online payments and can talk about this economic and
e-commerce challenge for retailers, as well as the options available for
retailers/students to pay online with cash, protect their personal information
while doing it, and even involve parents in the payment process, so they can
approve purchases. Forzley, who has print and TV interview experience, is
available anytime by telephone or for remote tapings/TV. He will also be in
New YorkMay 28-June 3 and is available for in-person interviews. Forzley is
located in eBillme's U.S. headquarters in Wilmington, Del., and can also speak
Arabic. News Contact: Alicia Buonanno, Alicia@gregoryfca.com Phone: +1-610-
228-2096 (5/26/09)
10. MIKE STEFANICK, senior manager, U.S. risk practice, SAS, one of the
largest private software companies in the world: "This is a time for credit
card issuers to use analytics to help balance customer relationship management
(CRM) with credit relationship management. This can be accomplished by
increased customer insights via analytics to better tailor marketing and risk
aspects. Since credit cards have replaced cash, the credit behind one's card
has now been seen as a part of one's wealth. With this relationship change
(from big one-time charges to more day-to-day items), issuers are wanting to
know what they are extending their lending to and, therefore, have an
increased responsibility to understand their customers' behaviors." Stefanick
is based in Atlanta. News Contact: Kris Balic, kris.balic@sas.com Phone: +1-
919-531-6024 Web site: http://www.linkedin.com/in/michaelstefanick (5/26/09)
11. DR. DEBORAH BOSLEY, professor of English at UNC CHARLOTTE and also the
principal in THE PLAIN LANGUAGE GROUP, a consulting firm that assists Fortune
100 companies with development of financial documents: "The new credit card
rules approved by Congress are just the beginning of comprehensive reform that
is essential to addressing this emerging financial crisis for consumers.
Unless the new credit card guidelines are written in plain language that
everyone can easily understand, we will not have addressed one of the
underlying problems -- people simply do not understand how credit cards work
and how they can use them responsibly." Bosley is a plain-language expert who
has worked with a number of leading financial institutions. News Contact: Mike
Henry, mhenry@wrayward.com Phone +1-704-926-1364 (5/26/09)
12. GAIL CUNNINGHAM, vice president of public relations at the NATIONAL
FOUNDATION FOR CREDIT COUNSELING in Silver Spring, Md., has been in the credit
counseling industry for 23 years: "A recent NFCC survey revealed that 41
percent of adults, or more than 92 million people living in America, gave
themselves a grade of 'C,' 'D' or 'F' on their knowledge of personal finance.
This legislation has served to focus consumers' attention on their finances
and engaged them in making positive decisions regarding their financial future
-- definitely a step forward." Cunningham is based in Texas. Web site:
http://www.nfcc.org/NewsRoom/index.cfm (5/26/09)
13. CRISTIAN TIU, Ph.D., assistant professor of finance and managerial
economics in the UNIVERSITY AT BUFFALO School of Management: "Despite
predictions that this legislation will cause credit card companies to increase
interest and reduce cardholder rewards and benefits to good customers, these
will only be short-term effects. Somebody has to drop first because of
competition. Somebody will want to snatch that customer and will offer
incentives to do it." Tiu is fluent in Romanian. News Contact: Jacqueline
Ghosen, ghosen@buffalo.edu Phone: +1-716-645-2833 (5/26/09)
14. CHRISTOPHER VIALE, president and CEO of CAMBRIDGE CREDIT COUNSELING
CORP., which offers financial education and debt management services: "The
Credit CARD Act is a much needed legislation, as consumers require protections
from unfair practices employed by some credit card companies. Unfortunately,
unintended consequences of these changes to companies' business models could
ultimately hurt individuals, as credit may become more expensive and less
available." Viale is located in Massachusetts. (5/26/09)
15. THOMAS FOX, community outreach director of CAMBRIDGE CREDIT COUNSELING
CORP., which offers financial education and debt management services: "While
the industry has operated questionably, the timing of the bill in relation to
current economic conditions is unfortunate. With two-thirds of the American
economy supported by consumer spending, the CARD Act may do more harm than
good in the short-term. The provisions may compel issuers to further restrict
consumers' access to credit, which, in turn, may draw out the recovery from
our recessionary period." Fox is located in Massachusetts. (5/26/09)
16. TIM SMITH, vice president of collections with FIRSTSOURCE, a leading
global business process outsourcing (BPO) provider that works with six of the
top 10 credit card companies in the U.S. Smith can discuss how the legislation
will impact credit card companies, including (but not limited to): 1) their
response/sentiments to some of legislation and what they foresee will be the
long-term impact on their business; 2) some of the changes they have already
been making to work with consumers, such as locking in interest rates,
creating extended payment plans and waiving fees; and 3) preventive charge-off
strategies. Smith also believes, in the long-term, this legislation will take
away the only liquid credit available to consumers. Smith is located in
Buffalo, N.Y. News Contact: Aimee Baxter, abaxter@cjpcom.com Phone: +1-212-
279-3115, ext. 225 Twitter: http://twitter.com/Baxter21 (5/26/09)
17. SCOTT PELLEGRINI, credit product manager at ADDISON AVENUE FEDERAL CREDIT
UNION, can discuss how the legislation will affect credit unions, banks and
consumers. Pellegrini is based in Palo Alto, Calif. News Contact: Amanda
Felson, addison@allisonpr.com Phone: +1-415-277-4926 (5/26/09)
_____________
EXPERT ALERTS
1. CITIES: VOLUNTEER COMMUNITY PROGRAMS TO COUNTER ECONOMIC DOWNTURN. LOU
CATTARUZZA, director for BREMEN GROUP, INC., a business development and
consulting company: "With Main streets throughout the country facing the
economic hardships typified by empty stores, fewer people shopping and a sense
of despair permeating the neighborhood, volunteer initiatives can transform
empty stores and vacant bank buildings into galleries and create new artistic
ambiances in local restaurants with the help of local concerned artists. These
initiatives have been shown to spawn renewed interest, growth and new
community spirit." Cattaruzza is available to discuss how volunteer community
programs, like his Village Art Initiative, can help communities counter the
economic downturn. Cattaruzza is based in Bayside, N.Y., and is fluent in
Italian. News Contact: Joel Strasser, Jjas888@aol.com Phone: +1-732-415-7556
(5/27/09)
2. ECONOMICS: POSSIBLE DOWNGRADES OF AAA-RATED UK/U.S. GOVERNMENT BONDS.
VINCENT TRUGLIA, managing director of global economic research at NEWOAK
CAPITAL, LLC, a New York-based advisory and asset management firm, and former
head of sovereign risk at Moody's Investors Service: "Moody's and S&P have
recently been making noise about possible downgrades of AAA-rated UK and/or
U.S. government bonds. Any possible downgrades of these bonds would represent
a misuse of the ratings symbol system. Ratings are meant to address default
risk, not inflation risk. Even if present economic and monetary policies in
either country were to lead to higher inflation rates in the future,
government bonds issued by the UK or U.S. governments would still represent
the lowest credit risk securities issued in either pounds or dollars. To say
otherwise, would be flat-out wrong." News Contact: Marisa D'Vari,
MDVari@newoakcapital.com (5/27/09)
3. LAW: OPPOSING THE PATENT REFORM ACT IN ITS PRESENTLY PROPOSED FORM. DR.
ALEXANDER POLTORAK, chairman and CEO of GENERAL PATENT CORPORATION, the
nation's oldest patent licensing and enforcement company: "While I welcome
reform of current patent law, I oppose provisions for the apportionment of
damages (which is still in the bill's House version), post-grant opposition,
the change from 'first-to-invent' to 'first-to-file' patent regime, and
limitations on venue. Alternately, I support legislation to improve funding
and operations of US Patent and Trademark Office, a multi-tier patent system,
the synchronization of patent laws with copyright laws, legislation clarifying
patent owners' constitutional right to 'exclude others,' and legislation to
clarify what is patentable subject matter." Poltorak is available to discuss
his views, as well as those of the American Innovators for Patent Reform non-
profit trade association, which he also heads. He is based in Suffern, N.Y.,
is frequently in New York City, and is also fluent in Russian. News Contact:
Joel Strasser, jjas888@aol.com Phone: +1-732-415-7556 (5/27/09)
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