Stephen A. Fogdall is a partner in the Philadelphia office and co-chair of the Financial Services Litigation Practice Group. Mr. Fogdall maintains a diverse litigation practice, with a focus in financial services litigation and class action defense. Mr. Fogdall has counseled mortgage companies, banks, mortgage insurers and other institutions in handling consumer protection claims, securities fraud claims, business-to-business disputes, shareholder disputes, government investigations, and many other matters. In addition to his litigation practice, he serves as chair of the firm’s Pro Bono Committee.
News & Publications
- Schnader’s Appellate Team Wins Third Circuit Reversal of Asylum Petition Dismissal and Halts Deportation of Political Refugee from Nepal
- Schnader Helps Secure Appellate Victory with Significant Implications for Claims of Actual Innocence
- SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced
- Servicer Violated RESPA but Caused no Damages: Eighth Circuit
- A TCPA Violation Confers Standing Under Spokeo in the 3rd Circuit
- SCOTUS Clarifies Who is a Debt Collector Under FDCPA
- Schnader Recognized for Pro Bono Commitment
- Schnader Announces Changes to Firm Management
- Stephen Fogdall Named Chair of Schnader’s Pro Bono Committee
- The U.S. Supreme Court Unanimously Rules Against the Creditor in Jesinoski
- Jesinoski v. Countrywide Home Loans: The U.S. Supreme Court Seems Ready to Hold that a Borrower’s Right of Rescission Under TILA Need Only be Exercised by Timely Notice, not a Lawsuit
- American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski
- The Third Circuit Limits the “Benign Language” Exception to the FDCPA Without Endorsing It
- Third Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide Arbitration
- The Solicitor General says there is no presumption of prudence under ERISA
- National banks should be unhappy with the Supreme Court’s new removal decision
- More on the Filed Rate Doctrine and Force-Placed Insurance
- The Filed Rate Doctrine and “Secondarily Billed” Rates
- The Latest Decision on Expert Testimony at the Class Certification Stage
- Circuit split widens on actions borrowers must take to preserve their right to rescind under TILA
- “The “Effective Vindication” Doctrine is a Dead Letter After American Express Co. v. Italian Colors Restaurant”
- Schnader Begins Publishing the Schnader Financial Services Blog
- The Future is Dim for Fair Lending Claims Based on a Discretionary Pricing Policy
- Further Developments in the Presumption of Prudence
- The “Effective Vindication” Doctrine is a Dead Letter After American Express Co. v. Italian Colors Restaurant
- The “Effective Vindication” Doctrine is a Virtual Dead Letter After American Express Co. v. Italian Colors Restaurant
- The U.S. Supreme Court Grants Cert to Decide Whether the Fair Housing Act Allows for Disparate Impact Claims in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.
- “Removal Under the Class Action Fairness Act: Proving Jurisdictional Amount-in-Controversy in Light of Standard Fire Insurance v. Knowles”
- New Developments in the Presumption of Prudence Under ERISA: A Dramatic Increase in Liability Exposure Hangs on the Difference Between “Shall” and “May”
- New Developments in the Presumption of Prudence Under ERISA: A Dramatic Increase in Liability Exposure Hangs on the Difference Between “Shall” and “May”
- “Expert Testimony at the Certification Stage: The Impact of Comcast v. Behrend”
- Behrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the Merits at the Class Certification Stage
- Gabelli v. SEC: the Supreme Court’s Statute of Limitations Ruling Puts Pressure on Federal Agencies to Investigate More Aggressively and Sue More Quickly
- “Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision’s Impact on Federal Claims Has Prompted a Return to the Supreme Court”
- “Limiting Duplicate Class Action Litigation After Smith v. Bayer: How Much Weight Can ‘Comity’ Bear?”
- Schnader Appellate Team Secures Precedential Decision for Delaware Inmate
- “Resolving the Split on Split Fees Under RESPA: Freeman v. Quicken Loans Holds That Fee-Splitting Is Prohibited Only if the Fee Actually Is Split”
- Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision’s Impact on Federal Claims Makes a Return to the Supreme Court Likely
- Resolving the Split on Split Fees Under RESPA: Freeman v. Quicken Loans Holds That Fee-Splitting Is Prohibited Only if the Fee Actually Is Split
- The Consumer Financial Protection Bureau Completes Its First Six Months – But Questions About Its Future Remain
- “The Future of Preemption Under the National Bank Act in the Wake of Dodd-Frank”
- Firm Obtains a Significant Victory in Gates v. Rohm & Haas
- “The Prospect of a Housing Finance Market Without Fannie and Freddie”
- “State Court Properly Declines Role of Policy-Maker in Product Liability Case”
- The Third Circuit Clarifies the Robinson-Patman Act’s “Competing Purchaser” Requirement
- Schnader Names Eight New Partners
- “State High Court Should Adopt 3rd Restatement on Products Liability”
- Schnader Attorneys Tout Benefits of Pro Bono
- Schnader Honors Stephen A. Fogdall with 2007 Earl G. Harrison Pro Bono Award
- Fogdall Published in The Reasoner
- Pro Bono Newsletter
Education
- University of Pennsylvania Law School, J.D., 2001
- University of Washington, Ph.D., 1997
- University of Washington, B.A., magna cum laude, Phi Beta Kappa, 1990
Bar Admissions
- Pennsylvania, 2001
- District of Columbia, 2012
Court Admissions
- U.S. Supreme Court
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of Columbia
Professional Affiliations
- Philadelphia Bar Association, member
- American Bar Association, member
Other Distinctions
- Noted as a “Pennsylvania Rising Star” by Super Lawyers in the area of business litigation, 2010-2011
- Recipient, Earl G. Harrison Pro Bono Award, 2007
Representative Matters
Appellate Practice
- Argued appeals in the United States Court of Appeals for the Third Circuit, the D.C. Circuit, the Delaware Supreme Court and Pennsylvania appellate courts.
- Represented a national heavy truck manufacturer in an appeal involving crashworthiness claims in Pennsylvania Supreme Court.
- Represented a major chemical company in appeal in the Commonwealth Court of Pennsylvania involving whether Pennsylvania Workers’ Compensation claims may be pursued as a class action.
- Represented a public policy organization in amicus capacity urging the Pennsylvania Supreme Court to adopt the Restatement (Third) of Torts: Product Liability.
Financial Services Litigation
- Represented a private mortgage insurer in dispute with a master servicer over the cancellation of coverage on securitized mortgage loans.
- Represented a private mortgage insurer in federal court in the District of Columbia in defense of securities fraud claims involving accounting treatment of reinsurance contracts. The claims against the private mortgage insurer were dismissed for failure to state a claim.
- Represented a holder of defaulted public development bonds in a dispute over allocation of proceeds under conflicting waterfall provisions.
- Represented a national bank in defense of claims involving alleged mismanagement of custodial accounts.
- Represented a national bank in defense of claims of alleged discriminatory lending in federal court in Delaware and in the Third Circuit. Discrimination claims were rejected on summary judgment, in a decision that defined elements of a prima facie case of lending discrimination in the Third Circuit.
Class Action Defense
- Defended a major chemical company in federal mass tort litigation seeking medical monitoring based on allegations of chemical exposure
- Represented a major metropolitan school district in opposing class certification of educational disability claims in federal court.
Related Events
- UDAP, UDAAP and the MAP Rule Compliance Basics
- Homeowners Protection Act Fundamentals
- Litigation Forum: ECOA
- UDAP, UDAAP & the Map Rule Compliance Basics
- Stephen Fogdall Presented on TILA & RESPA at MBA’s Legal Issues and Regulatory Compliance Conference
- Stephen Fogdall Spoke at Regulatory Compliance Conference
- Stephen Fogdall Spoke on CFPB’s Proposed Payday Lending Rule
- Stephen Fogdall Spoke at National Forum on Residential Mortgage Litigation
- Stephen Fogdall Spoke at MBA Conference
- Partner Stephen Fogdall Explored “The CFPB Guidance on Private Mortgage Insurance Cancellation and Termination: Is Your Firm Compliant?”
- Stephen Fogdall Spoke on Residential Mortgage Rules
- Stephen Fogdall Spoke on Enforcement Litigation at MBA Conference
- Stephen Fogdall Moderated CFPB Enforcement Forum at MBA Conference
- Stephen Fogdall Presented Webinar on CFPB
- Stephen Fogdall Spoke on Government Litigation at MBA Conference
- Stephen Fogdall Presented the CLE Webinar “Attorney-Client Privilege Between Affiliated Entities: Who Owns the Privilege When Interests Diverge?”
- Stephen Fogdall Joined Panel to Present “Claims Involving Supervision and Enforcement” at the 2013 MBA Regulatory Compliance Conference
- Stephen Fogdall Presented on Commercial Class Actions at IADC’s 2013 Mid-Year Meeting
- Stephen Fogdall Presents “CFPB Enforcement Authority: What the Future May Hold”
- Stephen Fogdall Presents CLE Seminar – “Filing Motions to Dismiss: Emerging Issues and Strategic Considerations”
- Jury Theorems That Allow Abstention
- Drexel University College of Law Orientation Program
