BREAKING: DUGUID TCPA SCOTUS LEAD COUNSEL SERGEI LEMBERG JOINS UNPRECEDENTED PODCAST TO DISCUSS SCOTUS APPEAL

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Ever talked to a lead counsel in a Supreme Court appeal 45 days ahead of oral argument and asked him pointed questions about his position?

Well, buckle up–literally–because here’s your shot.

Sergei Lemberg– lead counsel for the Plaintiff Duguid in the ENORMOUS Facebook TCPA ATDS appeal pending before the Supreme Court— joined the Unprecedented podcast team today, while driving a moving vehicle, to discuss the appeal and his preparations for oral argument. And while the interview wasn’t the literal car wreck it could have been, it certainly delivered its stunning moments.

Sergei is a great sport–in addition to being a true TCPAWorld legend– and tolerated my asking him extremely direct and pointed questions about his client’s position on appeal. (Watch as I stump him on one critical statutory interpretation question in particular– “You have to be better prepared than that” I quip.) And he is extremely candid–admitting limitations in their position at times and conceding that the linguistic arguments may not ultimately carry the day, while always defending Plaintiff’s position with a telling smile.

I ask him repeatedly about the pressure of having the fate of the entire TCPAWorld resting on his shoulders (at least from a plaintiff’s perspective) and he boldly assured me that the consumer lawyers will not lose its golden goose on his watch: “I’m going to win, you’re going to lose.”

#confidence

Still, it was his frank discussion about Bryan Garner’s involvement in writing the brief that will drive most viewers–and for good reason. We talk about how Sergei dreamed up the idea of approaching Bryan to join the brief and how the engagement process worked. But the biggest exchange surrounds legacy: this is the first time Bryan Garner has ever joined a Supreme Court brief and a loss here could really impact his chances of induction into the totally-not-made-up Lexicography Hall of Fame.

I ask Sergei directly whether Bryan is concerned that losing this appeal might tarnish his legacy–and Sergei’s insightful answer took me by surprise.

From his feelings on the government supporting Facebook’s petition, to his belief that “Big Tech” really will exploit a ruling adverse to his client to crush Americans with robocalls–a position I deem a “conspiracy theory” in the interview– this one has it all. You cannot miss it.

Plus, I ask him the ultimate question– with the ATDS case law suddenly developing in his client’s favor, if the court seems to be going against him on December 8, 2020 does he plan to just dismiss the case to avoid an adverse ruling?

You won’t believe his answer.

Its all part of Episode 18 of the Squire Patton Boggs Unprecedented podcast that will be available RIGHT HERE early next week.

And IN CASE YOU MISSED IT:  Episode 17– where the team breaks down the huge SCOTUS TCPA ruling in AAPC–is up and available on the Unprecedented home page. Check it out now to hold you over until next week.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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