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Olivia Kelman

Associate
+1.305.539.3382
Fax +1.305.358.7095
Olivia Kelman focuses her practice on financial institutions and services litigation, compliance, and enforcement matters, with a concentration on fair and responsible lending and servicing. She has successfully litigated on behalf of clients in federal district and circuit courts, as well as in state trial and appellate courts. Ms. Kelman also defends investigations, examinations and enforcement actions by the Department of Housing and Urban Development, Consumer Financial Protection Bureau, Federal Reserve Board, Federal Deposit Insurance Corporation, Federal Trade Commission and various state regulators, including the Florida Office of Financial Regulation, the New York Department of Financial Services, and Massachusetts Division of Banks. Her experience includes matters arising under various federal laws, including the Equal Credit Opportunity Act, Fair Housing Act, Community Reinvestment Act, Home Mortgage Disclosure Act, Federal Trade Commission Act, Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Fair Debt Collections Practices Act, Truth in Lending Act, and Real Estate Settlement Procedures Act. Ms. Kelman has represented clients large and small, including residential mortgage lenders, fintech lenders, small-business lenders, banks, mortgage insurers, loan servicers, broker-dealers, real estate sales corporations and industry trade groups.

Professional Background

Prior to joining K&L Gates, Ms. Kelman was a judicial intern for the Hon. Frank A. Shepherd in the Florida Third District Court of Appeal, the Hon. United States District Judge Alan S. Gold in the Southern District of Florida, and the Hon. United States Magistrate Judge Edwin G. Torres in the Southern District of Florida. She was a legislative policy intern for United States Senator Edward M. Kennedy of Massachusetts in Fall 2009, and an editor of Arché, the Undergraduate Journal of Philosophy at Boston University in Spring 2009.

Achievements

  • Legal Elite Up & Comer, Florida Trend, 2019
  • Pro Bono Award, Indian River County, Florida Branch of the National Association for the Advancement of Colored People, 29th Annual Freedom Fund Banquet, 2019
  • Florida Super Lawyers® Rising Star, Super Lawyers Magazine, 2019
  • Florida Super Lawyers® Rising Star, Super Lawyers Magazine, 2018
  • Florida Super Lawyers® Rising Star, Super Lawyers Magazine, 2017
  • Florida Super Lawyers® Rising Star, Super Lawyers Magazine, 2016
  • Order of the Coif
  • The Order of Barristers
  • Who’s Who Among Students in American Universities & Colleges, 2013

Professional/Civic Activities

  • Miami-Dade Florida Association for Women Lawyers
    • Chair, Elections Committee, 2016-2018
    • Co-Chair, Federal Court Liaison Committee, 2015-2016
    • Co-Chair, Elections Committee, 2015
    • Co-Chair, Installation Committee, 2015
  • The Women’s Fund Miami-Dade
    • Member, Grant Selection Committee, 2015
  • Member, Cyber Civil Rights Legal Project, 2014-present
  • Member, Florida Grand Opera, 2013-present
  • Member, Pérez Art Museum Miami,2015-present

Speaking Engagements

  • Speaker, “Fair Lending Litigation,” Mortgage Bankers Association’s Regulatory Compliance Conference (Sept. 22, 2019)
  • Speaker, “Fair Lending: Where Are We Now?” American Financial Services Association’s (AFSA) Law & Compliance Symposium (Mar. 8, 2018)
  • Panelist, “Fair Lending Litigation, Enforcement, and Regulation Roundup,” K&L Gates Consumer Financial Services Symposium (Dec. 3, 2018).
  • Moderator, “Pillars of Fair Lending: Master the Fundamentals,” Wolters Kluwer CRA & Fair Lending Colloquium (Nov. 6, 2018).
  • Panelist, “Reverse Engineering a Compliance Program from Consent Decrees, Enforcement Actions and More,” Wolters Kluwer CRA & Fair Lending Colloquium (Nov. 6, 2017).
  • Panelist, “Compliance Essentials/CMCP: Fair Lending and Equal Opportunity Laws,” Mortgage Bankers Association (MBA) Regulatory Compliance Conference (Sept. 17, 2017).
  • Panelist, “Supreme Court Fair Lending Ruling Involving Big Banks,” Mortgage Bankers Association (MBA) Webinar (May 31, 2017).
  • Panelist, “Compliance Essentials: Overview of Fair Lending and Equal Opportunity Compliance,” Mortgage Bankers Association (MBA) Legal Issues and Regulatory Compliance Conference (May 7, 2017).
  • Panelist, “Fair Lending Essentials,” Mortgage Bankers Association (MBA) Legal Issues and Regulatory Compliance Conference (May 1, 2016).
  • Speaker, “Ethical Governance Day at New World School of the Arts,” sponsored by the Miami-Dade Commission on Ethics and Public Trust (2015-2018).
  • Speaker, “The Resurgence of Redlining – The Hudson City Savings Bank Settlement and How to Manage Redlining Risk,” K&L Gates Webinar (Oct. 14, 2015).
  • Speaker, “SCOTUS Disparate Impact Decision: The Supreme Court Recognizes but Limits Disparate Impact in its Fair Housing Act Decision,” K&L Gates Webinar (July 1, 2015).

Additional Information

Publications
  • U.S. Supreme Court Impact on Mass. Disparate Impact Claims, Law360, May 9, 2016
  • Counsel to national bank in multiple Fair Housing Act lawsuits filed by municipal and county governments challenging loan origination, servicing, and foreclosure practices and seeking damages for alleged lost tax revenue on foreclosed properties.
  • Counsel to large securitization trustee, servicer, and mortgage lender in action filed by advocacy group with the Department of Housing and Urban Development alleging discrimination in the maintenance and marketing of foreclosed properties.
  • Counsel to several community banking institutions in redlining, product placement, loan pricing, and underwriting investigations and enforcement actions by federal and state regulatory agencies and the Department of Justice.
  • Counsel to mortgage lender in putative nationwide class action lawsuit alleging failure to comply with Federal Housing Administration regulations.
  • Counsel to large multi-use development corporation in Fair Housing Act suit implicating affordable housing obligations imposed by low-income housing tax credit receipts.
  • Counsel to lending and banking industry trade groups submitting regulatory comments to federal agencies and filing amicus briefs in federal courts.
  • Counsel to clients developing and implementing Community Reinvestment Act and fair lending and servicing compliance management systems and monitoring programs.
  • Counsel to broker-dealer seeking declaratory statement from the Florida Office of Financial Regulation regarding licensing requirements.
  • Pro bono counsel to the Indian River County branch of the National Association for the Advancement of Colored Persons (NAACP) in school desegregation lawsuit against the School Board of Indian River County, Florida.