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Brian M. Forbes

Partner
+1.617.261.3152
Fax +1.617.261.3175
Mr. Forbes is a partner in the financial institutions and services litigation group at K&L Gates. Based in the firm’s Boston office, Mr. Forbes regularly represents banking, mortgage lending and consumer financial services institutions in consumer class actions and individual litigation matters in federal and state courts throughout the United States. These actions typically concern challenges under federal statutes, including the federal Real Estate Settlement Procedures Act, the Truth in Lending Act, the Fair Debt Collection Practices Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and the Racketeer Influenced and Corrupt Organizations Act, as well as state unfair and deceptive acts and practices statutes, and common law claims. Mr. Forbes also has extensive experience in complex commercial litigation, including trials and appellate advocacy.

Mr. Forbes has written and spoken extensively on financial services litigation and class actions and he is a co-author of multiple chapters in the treatise Defense of Class Action Litigation in Federal Court (Bloomberg Law 2018). Prior to joining K&L Gates, Mr. Forbes served as Law Clerk to the Honorable Judith Gail Dein, United States District Court, District of Massachusetts, 2000-2001, and as Law Clerk to the Justices of the Superior Court of Massachusetts, 1999-2000.

Professional Background

Prior to joining K&L Gates, Mr. Forbes served as Law Clerk to the Honorable Judith Gail Dein, United States District Court, District of Massachusetts, 2000-2001, and as Law Clerk to the Justices of the Superior Court of Massachusetts, 1999-2000.

Professional/Civic Activities

  • Mortgage Bankers Association
  • Boston Bar Association
  • American Bar Association

Speaking Engagements

  • Panelist, FinTech and Consumer Finance: Analyzing the Latest Innovations, Compliance Challenges of the Bank Partner Model and OCC FinTech Charter, and the Rise of “True Lender” Litigation, American Conference Institute’s 31st National Forum on Consumer Finance Class Actions and Government Enforcement; Chicago, July 2019
  • Speaker, 2018 Consumer Financial Services Symposium, December 2018.
  • Impact of Regulatory Actions on Private Litigation; Consumer Financial Services Litigation Hot Topics 2017, Consumer Financial Services Symposium by David E. Fialkow, Stavroula E. Lambrakopoulos, Brian M. Forbes, Gregory N. Blase, Nagle, Jennifer J
  • The Mortgage Lifecycle: Litigation Hotspots From Origination Through Foreclosure, Powerpoint Webinar Presentation, by Irene C. Freidel, Brian M. Forbes, Robert W. Sparkes, III, and Jennifer Janeira Nagle, February 24, 2016
  • Panelist, Anatomy of a Class Action Trial, The Boston Bar Association, October 6, 2015
  • Just Trying to Help: Application of Federal and State Debt Collection Laws in the Workout and Modification Process, Powerpoint Webinar Presentation, by Steven M. Kaplan, Jonathan D. Jaffe, Brian M. Forbes, and David A. Tallman, February 2010
  • Finding New Ways to Motivate Them: Debt Collection Laws and Alternative Communication Strategies, Webinar Powerpoint Presentation, by David L. Beam,  Brian M. Forbes, Nanci L. Weissgold, and David G. McDonough, Jr. March 2010
  • Defend national mortgage servicer in putative class action alleging violations of Washington state statutes and common law claims in connection with property preservation activities;
  • Defend national mortgage lender and appraisal management company in nationwide putative class action alleging violations of the federal Real Estate Settlement Procedures Act related to an affiliated business arrangement;
  • Defend financial institution through trial in connection with claims brought under the Uniform Commercial Code;
  • Defend national mortgage lender through successful trial and appeal in a class action alleging claims for violations of the Real Estate Settlement Procedures Act, the Racketeer Influenced and Corrupt Organizations Act, and the Maryland Consumer Protection Act, and for negligent misrepresentation, fraud, civil conspiracy and restitution/unjust enrichment in connection with the provision of services through an affiliated business arrangement;
  • Defend national mortgage loan servicers in connection with various class actions alleging violations of the Fair Debt Collection Practices Act and state unfair and deceptive acts and practices statutes;
  • Defend national mortgage loan servicers in putative class actions in Massachusetts, Delaware, New York, among other states, alleging state and federal law claims in connection with servicer conduct under the Home Affordable Modification Program (“HAMP”);
  • Defend national mortgage servicer in putative class action through successful appeal in West Virginia Supreme Court of Appeals in matter alleging violations of state law governing debt collection and raising issues regarding the enforceability of mandatory arbitration provisions;
  • Defend national mortgage loan servicers in connection with various class actions concerning lender-placed insurance;
  • Defend loan servicers and investors in response to subpoenas and civil investigative demands from state attorneys general and banking regulatory agencies related to mortgage servicing, foreclosures, and appraisal issues;
  • Defend financial institutions in putative class actions alleging violations of the federal Americans with Disabilities Act; and
  • Defend loan servicer and investors in connection with litigation around the country related to the Mortgage Electronic Registrations System, Inc. (MERS), including defense of claims in the MERS multi-district litigation proceedings.