Michael Aphibal Email & Phone Number

Washington, United States

Washington D.C. Metro Area

• Assisted financial institutions with regulatory compliance issues surrounding the offering of financial services and products to consumers, particularly with regard to mortgage loan origination• Advised banks and non-bank lenders on questions concerning requirements under the Truth In Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, and state law lending requirements, including: mortgage loan origination disclosures ("TRID"), ability-to-repay, loan originator compensation rule, fair lending and servicing, mortgage loan advertising and marketing partnerships (RESPA § 8), state-law restrictions on loan interest and fees, licensing, and agency/investor mortgage loan guidelines• Seconded, part-time (~20 hours/week) for over two years, at a large international bank providing legal advice to business constituents regarding mortgage loan origination and other credit products/transactions by reviewing customer trusts and powers of attorney for compliance with state law and investor guidelines; revising mortgage, unsecured loan, and credit card agreements and disclosures; and advising on how to respond to customer complaints• Counseled insurance companies (carriers) and insurance agencies on state law requirements for the solicitation and sale of insurance by agents and brokers, affiliation of Designated Responsible Licensed Producers (DRLP), required features and benefits of life and health policies, and permissible reasons for rescissions of insurance policies

Washington D.C. Metro Area

• Advised financial institutions on consumer financial services regulatory compliance regarding licensing, employee compensation, loan origination and servicing, information sharing (privacy), consumer disclosures, add-on products, and marketing• Counseled banks, non-bank lenders, and insurance agencies on insurance regulatory compliance regarding producer and surplus lines broker licensing; producer compensation and associated disclosures; commission splitting and referral fees; anti-rebating; insurance advertising; and permitted charges for insurance• Advised financial institutions on their written agreements with consumers or service providers• Drafted and filed proposed rulemaking comment letters on behalf of various industry groups on topics including servicemembers loans, short-term small-dollar loans, and arbitration agreements• Focused on the following consumer financial protection laws: GLBA/FCRA privacy, prohibition on UDAAP, Telemarking Sales Rule, TCPA, TILA, RESPA, and OCC’s regulation governing debt protection products (12 C.F.R. pt. 34)• Successfully sued the U.S. Export-Import Bank for credit insurance benefits on behalf of an export lender policyholder

Washington D.C. Metro Area

Office of Non-Disciplinary Litigation, Member Regulation• Supported FINRA’s Statutory Disqualification Program by investigating statutorily disqualified persons who apply to remain associated with FINRA’s member broker/dealer firms (MC-400 application) and drafting recommendations pursuant to FINRA Rule 9520 Series• Provided senior counsel with interpretive advice related to the federal securities laws, SEC regulations, and FINRA rules

Washington D.C. Metro Area

• Performed document review on cases involving claims of Racketeer Influenced and Corrupt Organizations Act (RICO), financial services fraudulent transfers, pharmaceutical off-label promotions, patent litigation, antitrust, copyright and trademark licensing litigation, and breach of contract• Drafted court petitions, affidavits, asset purchase agreements, and LLC operating agreements

Richmond, Virginia Area

• Reviewed claims, administered by Kenneth R. Feinberg, to compensate for damages arising from the April 20, 2010 Deepwater Horizon oil spill in the Gulf of Mexico• Analyzed individuals' and small businesses' financial documents to determine the amount of compensation a claimant was entitled to

Greater New York City Area

• Provided pretrial litigation support against claims of patent infringement and invalidity by reviewing document for discovery production, withholding privilege materials and creating privilege logs, and searching for scientific literature to obtain impeachment evidence against opposing expert witnesses

Washington D.C. Metro Area

• Interviewed complainants, analyzed school records and documents, and drafted official office correspondence related to alleged violations of the Civil Rights Act and the Rehabilitation Act for racial or disability discrimination by educational institutions

Washington D.C. Metro Area

• Drafted briefs and internal memoranda after examining patent case files and researching case law, related to patent abandonment, the patentability of DNA technology, and the agency’s authority to review previous adjudicative decisions and retroactively apply administrative action

Newark, Nj

• Instructed five 80 minute class sections in Chemistry and General Science to over 130 students each year• Coordinated after-school student tutoring programs in preparation for statewide standardized exams

Master Of Laws (Llm), With Distinction, Securities And Financial Regulation

Juris Doctor, Cum Laude, Law

Honors: Highest Grade Designations in Business Associations, Fall 2008; Patent and Trademark Appeals in Front of the Federal Circuit, Fall.

Bachelor Of Arts, Chemistry, Political Science

Activities and Societies: NCAA Division I Varsity Spring Board Diving; Inter-fraternity Council, President; Theta Chi Fraternity, Treasurer

Education record