David Standa's practice currently focuses on the rapidly evolving cannabis industry and how recently passed legislation, like state-level legalization statutes and the Farm Bill, impact companies with marijuana, hemp and CBD products. David also has considerable experience in business and consumer finance litigation as well as corporate, securities and regulatory assistance, food and beverage compliance and litigation, and health care litigation.
David Standa's practice currently focuses on the rapidly evolving cannabis industry and how recently passed legislation, like state-level legalization statutes and the Farm Bill, impact companies with marijuana, hemp and CBD products. David also has considerable experience in business and consumer finance litigation as well as corporate, securities and regulatory assistance, food and beverage compliance and litigation, and health care litigation.
Cannabis, Marijuana, CBD and Hemp
David focuses on recent legislative developments impacting licensing and registration requirements for companies offering marijuana, hemp and CBD products. David has advised clients on topics ranging from obtaining state-level licenses, complying with seed-to-sale tracking requirements, and creating appropriate internal policies and procedures. David has spoken on webcasts and at conferences about the FDA’s regulation of CBD products, the potential liability arising out of CBD and edible marijuana products, packaging and labeling, and navigating Illinois' Cannabis Regulation and Tax Act. This fall, David will be speaking at a webinar about potential employer liability arising out of legalized marijuana and how to avoid it. David is also a regular contributor on the Firm's Cannabis Blog and Co-Host of the Joint Status Report podcast.
Food & Beverage Practice
David has defended several spirits-industry clients in class actions alleging deceptive labeling and marketing practices. He has also assisted spirits-industry clients with compliance in the development of product labels.
Insurance & Health Care
David is also engaged in health insurance reimbursement disputes. David has represented insurers and hospital systems in litigation and arbitration involving insurance and health care disputes and arbitrations, including complex issues surrounding the business of insurance, insurance regulatory matters, Medicare/Medicaid disputes and False Claims Act litigation. David's recent transactional experience consists of advising a national health insurance provider on a series of joint ventures with regional hospital systems involving the creation of new insurance networks, and providing regulatory guidance about potential statutory exposure to an insurance holding company.
Business and Consumer Litigation and Compliance
David's recent litigation and arbitration cases have included various individual and class action lawsuits concerning claims under the Truth in Lending Act (TILA), Home Affordable Modification Program (HAMP), Telephone Consumer Protection Act (TCPA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA) as well as claims for fraud, breach of contract and breach of fiduciary duty.
David also represents banks and other institutions in commercial and industrial foreclosures, replevin actions and injunction proceedings to recover outstanding collateral. David's experience includes handling asset-based and real estate loan workouts, negotiating forbearance agreements, restructuring loans and liquidating collateral, including sales pursuant to the Uniform Commercial Code (UCC).
David also assists clients with compliance and regulatory advice. This includes advice regarding state and federal statutory and regulatory requirements for forward and reverse-mortgage products as well as advice regarding debt collection efforts. David is intimately familiar with relevant statutes and regulations, including the FDCPA/Regulation F, TILA/Regulation Z, RESPA/Regulation X, and state statutes and regulations governing consumer debt collection and consumer lending products.
Representative Experience
David's experience includes:
- Represented health plan in litigation involving Medicare/Medicaid insurance disputes
- Represented international medical insurance association in action asserting claims under the False Claims Act for bribery and kickback scheme involving medical device manufacturers
- Represented Aetna, Inc., in its joint venture with Texas Health Resources
- Represented a whiskey manufacturer in a class action involving allegations of deceptive marketing practices based on information contained on the products label
- Assisted trade association with submission of petition to the FCC for clarification and declaratory ruling on the TCPA's "Established Business Relationship" exception
- Advising clients on developing vigorous TCPA compliance programs for direct marketing, marketing through independent agents and lead vendors
- Assisted venture capital firm with due diligence review of target company's TCPA compliance efforts and potential TCPA exposure
- Represented captive insurance corporation in trade secret litigation over the improper use of its proprietary tax planning services
- Represented individual in dispute involving his First Amendment right to protected internet speech
- Representing multiple mortgage servicers in actions alleging FDCPA and FCRA violations based on credit reporting taking place after the borrower surrendered the property in bankruptcy and received a bankruptcy discharge
- Represented a commercial landlord in a dispute with a Chapter 7 bankruptcy trustee over the trustee's right to postpone his obligation to accept or reject the debtor's lease
- Representing institutions in TCPA class actions alleging that defendants skip trace cell phone numbers and then call the numbers with an auto-dialer without obtaining consent
- Represented national financial institution in various real estate transactions related to REO property
- Defended financial institution against claims asserting violations of ECOA and Section 1983 of the Civil Rights Act
- Represented mortgage servicer in multiple actions involving HUD's interpretation of "branch office" as set out in its servicing requirements for FHA insured loans
- Represented mortgage servicer in putative class action alleging TILA, RESPA and FDCPA violations based on alleged violations related to the transfer of servicing and ownership rights of mortgage loans
- Represented multiple mortgage servicers in actions involving the Illinois Appellate Court's decision in First Mortgage Company v. Dina, 2014 IL App (2d) 130567
- Represented consumer products manufacturer in AAA arbitration based on the unmerchantability of products and purported violations of the Illinois Consumer Fraud and Deceptive Business Practices Act
- Represented national financial institution in putative class action related to debit card overdraft fee litigation
- Represented national financial institution in putative class action alleging unauthorized HELOC reductions based on regional property valuations
- Represented mortgage servicer in putative class action alleging violation of the FDCPA based on allegedly fraudulent activity in an underlying foreclosure action
- Represented individuals in FINRA arbitration actions involving securities litigation
- Represented landlords in both commercial and residential eviction proceedings
- Represented loan servicers in connection with litigation involving HAMP and loan modification disputes
- Represented secured creditors in bankruptcy proceedings
Professional Affiliations and Recognitions
- Member, American Bar Association
Community Leadership
- Volunteer, Chicago Volunteer Legal Services