Debra Bogo-Ernst is a Chicago office lead for Mayer Brown's Litigation & Dispute Resolution practice and is co-lead of the firm's Consumer Class Action practice. She represents national and multinational corporations in a wide range of business sectors, with particular emphasis on the defense of commercial and consumer-based litigation and enforcement actions in the financial services industry. Debra was recognized as Illinois/Local Litigation Star for General Commercial, Health Care and Securities by Benchmark Litigation 2019. She has also been recognized in Emerging Lawyers in the categories of Banking & Financial Institutions Law and Commercial Litigation. Debra is currently on the Mortgage Bankers Association’s Legal Issues & Regulatory Compliance Committee.
Debra represents a number of financial institutions, including national banks, federal savings banks, mortgage lenders, automobile finance companies, and investment advisors and in class and individual actions across the country and serves as national and regional consumer class action defense counsel for bank clients. Debra has successfully defended individual and class action suits arising under the Telephone Consumer Protection Act, Truth In Lending Act, Fair Housing Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, Servicemembers’ Civil Relief Act, and various state and federal unfair and deceptive trade practices statutes.
Debra also has an active practice advising financial services clients on various regulatory matters, internal investigations, and enforcement matters.
In other general commercial matters, Debra’s work includes class action defense, product liability litigation, noncompetition litigation, contract disputes, and insurance disputes. For the health care industry, including pharmaceutical and medical device companies, Debra also has an active practice advising on various regulatory and compliance matters. These include, for example, privacy issues under the Health Insurance Portability and Accountability Act (HIPAA) as well as fraud and abuse issues under Stark and federal and state anti-kickback laws.
Debra has practiced in Mayer Brown’s Chicago office since joining the firm in 2000 and became a Partner of the firm in 2008.
- Defending global financial institution in nationwide, class action litigation related to TCPA claims.
- Defending global financial institution in class action litigation concerning the Home Affordable Modification Program and related claims relating to breach of contract, promissory estoppel, Equal Credit Opportunity Act, unfair and deceptive trade practices statutes, and related claims.
- Defending global financial institution in nationwide, class action litigation related to foreclosure and interest rate provisions of the SCRA.
- Defending global financial institution in class action litigation related to default-related fees and services.
- Defending global financial institution in class action litigation related to calculation of interest in adjustable rate mortgages.
- Defending global financial institution in class action litigation related to reimbursement of court costs to borrowers.
- Defending global financial institution in class action litigation related to third-party foreclosure related services.
- Defending financial institutions in bankruptcy proceedings related to an alleged Ponzi scheme alleging billions of dollars in purported damages;
- Defended two leading financial institutions against claims related to overdraft fees in connection with debit card transactions.
- Defended a leading global bank in Illinois state court in a multimillion dollar lawsuit alleging violation of a remarketing agreement, resulting in $0 judgment against the client following trial.
- Served as part of a team that secured a $100 million federal court jury verdict on behalf of a major international chemical company, against an insurer in a dispute over product liability insurance coverage.
- Defended multinational litigation on behalf of a pharmaceutical corporation involving marketing claims related to the safety and efficacy of a prescription drug, obtaining favorable settlements in both the United States and abroad.
- Successfully prosecuted litigation on behalf of a global pharmaceutical company to bar a state from enforcing its law prohibiting advertising of controlled substances, obtaining a permanent injunction based on the First Amendment and the Commerce Clause that prohibits the state from enforcement of the law.
- Defended various clients in all aspects of a complex, multimillion dollar case brought by a defunct hospitals largest creditor to recoup its investments, with claims in the case involving fraud, breach of fiduciary duty, and breach of contract arising from alleged Medicare and Medicaid fraud at the hospital.
University of Illinois College of Law, JD, magna cum laude, University of Illinois Law Review
University of Illinois at Urbana-Champaign, BA, cum laude, Phi Beta Kappa
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Fourth Circuit
- US Court of Appeals for the Sixth Circuit
- US Court of Appeals for the Seventh Circuit
- US Court of Appeals for the Ninth Circuit
- US District Court for the Eastern District of Michigan
- US District Court for the Northern District of Illinois
- American Bar Association, Health Law Section and Litigation Section
- Law360, Banking Editorial Board