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REPRESENTATIVE EXPERIENCE

Robert W. Sparkes, III

Defend national mortgage loan servicer in putative class actions in Pennsylvania and California challenging certain disclosures contained in servicer’s custom loan modification agreements, obtaining dismissal of two cases on motions to dismiss and defeating class certification in the other case
Defend national mortgage loan servicer in putative class action in Washington challenging servicer and third-party vendor property preservation and inspection activities performed on vacant or abandoned properties before completion of foreclosure
Defend national mortgage loan servicers in connection with various class and individual actions alleging violations of the Fair Debt Collection Practices Act and state unfair and deceptive acts and practices statutes related to servicing and foreclosure activities
Defend national mortgage loan servicer in putative class action in West Virginia alleging violation of state law governing debt collection and foreclosure and raising issues regarding the enforceability of mandatory arbitration provisions, and obtained an order compelling individual arbitration after successful appeal to the West Virginia Supreme Court of Appeals
Defend national automobile and auto finance companies in connection with state court litigation matters involving products liability, repossession, and lemon law issues under Massachusetts law
Defend trustees for mortgage-backed securities trust and national mortgage loan servicers in individual actions alleging violation of state foreclosure laws, including litigation arising from challenges to trustees’ or servicers’ standing to foreclose under state law
Defend national mortgage loan servicer in nationwide class action alleging violations of the Real Estate Settlement Procedures Act, California’s Unfair Business Practices Act § 17200 and various common law claims
Represent national credit card companies in connection with FDIC enforcement matter and implementation of remediation plan related to the marketing and sale of credit card add-on products;
Represent pro bono individual immigrants seeking permanent resident status in the United States, including defending several unaccompanied minors through the “Kids In Need of Defense” (“KIND”) organization
Represent pro bono several prison inmates at Massachusetts Correctional Institution-Cedar Junction alleging civil rights violations, including excessive use of force and unconstitutional conditions of confinement, stemming from the aftermath of a cell-block disciplinary incident
Defend national settlement service provider in putative class action in Massachusetts alleging claims for tortious interference with business expectancies and unfair and deceptive trade practices in violation of Mass. Gen. L. ch. 93A
Defend national mortgage loan servicer in putative class action in Missouri alleging violation of state law governing the origination of second mortgage loans
Defend national mortgage loan servicer in putative nationwide class action in New York and successfully moved to dismiss all state common law and statutory claims based on alleged improper charging of private mortgage insurance
Defend national mortgage loan servicers in connection with various class and individual actions concerning lender-placed insurance
Defend loan servicers and investors in response to subpoenas, civil investigative demands, and complaints/inquiries from state attorneys general and federal banking regulatory agencies, including the Consumer Financial Protection Bureau, concerning mortgage servicing and foreclosure issues
Defend national settlement service provider in complex action alleging that provider’s business providing certain real estate closing services to mortgage lenders violated the unauthorized practice of law provisions in Massachusetts, including representation before the U.S. Court of Appeals for the First Circuit and the Supreme Judicial Court of Massachusetts
Defend national mortgage loan servicers in putative class actions in Massachusetts, Delaware, and New York, among other states, alleging state and federal law claims in connection with servicer conduct under the Home Affordable Modification Program (“HAMP”) and/or in-house modification programs, including claims challenging servicers’ evaluation and denial of loan modification applications
Defend large door manufacturing company in several personal injury and products liability cases in Massachusetts state court
Defend sports entertainment company in putative class action in Connecticut alleging breach of contract and violations of state law regarding treatment of athletes as independent contractors and obtained dismissal of all claims
Represent home security company in complex software-related litigation in Delaware Chancery Court seeking recovery of intellectual property, trade secrets, and technology improperly obtained by competitor, including through expedited pre-trial proceedings and a bench trial
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