Elizabeth L. McKeen

Elizabeth Lemond McKeen, represents major banks and other financial institutions in their highest-stakes litigation relating to regulatory compliance, fraud, and consumer protection. Liz handles complex civil litigation, including regulatory enforcement actions, class actions, MDL proceedings, False Claims Act/qui tam matters and appeals. In addition to litigation, Liz provides strategic regulatory and compliance counseling, with deep expertise in the areas of fair lending, credit reporting, debt collection, consumer bankruptcy, and mortgage origination and servicing. She routinely represents clients in threatened enforcement matters involving the CFPB, FTC, DOJ, state Attorneys General, and other regulators. Liz understands the operational and reputational concerns of financial services providers and provides strategic and tactical advice designed to balance legal risk with business objectives.

• Representing large national depository institution in multiple putative class actions involving COVID-19 relief programs;
• Representing major health insurance provider in significant False Claims Act matter involving participation in Medicare Part D Prescription Drug Program;
• Representing multiple financial services providers in inquiries by the CFPB and FTC regarding various practices in connection with various consumer financial services products;
• Representing the Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”) and Puerto Rico Electric Power Authority (“PREPA”) in Puerto Rico’s historic Title III restructuring proceedings, successfully arguing evidentiary hearings, adversary proceedings and contested matters in both the District Court and First Circuit;
• Representing gig-economy platform in FTC inquiry regarding advertising practices;
• Achieved dismissal of multiple putative class actions related to CARES Act obligations on behalf of a major credit reporting agency;
• Achieved dismissal of False Claims Act/qui tam matter involving successor liability issues surrounding failure of federally chartered thrift;
• Represented federally chartered financial institution in False Claims Act/qui tam case relating to loan modification and other loss mitigation programs;
• Represented GSE in significant fair lending litigation regarding maintenance of REO properties;
• Obtained dismissal (and affirmance on appeal) of age-related fair lending claims in putative class action against large bank in connection with fee waivers for student customers;
• Represented mortgage servicers regarding residential foreclosure compliance issues, including compliance with OCC and OTS consent orders concerning nationwide practices;
• Achieved favorable settlement of major qui tam False Claims Act litigation against non-bank mortgage servicer involving payments under HAMP loan modification program;
• Obtained summary judgment in FCRA class actions seeking millions of dollars in penalties relating to automated mortgage underwriting software;
• Secured dismissal of fair lending claims brought by major municipality against large bank mortgage originator;
• Negotiated precedent-setting consent order with CFPB and FTC in threatened joint enforcement action against major non-bank mortgage servicer;
• Achieved dismissal of putative lender placed insurance class action against national bank on preemption grounds;
• Obtained decertification of nationwide class of 129,000+ African American borrowers in mortgage lending discrimination disparate-impact ECOA/FHA case;