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Catherine Crosby Long

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Catherine Crosby Long has extensive business litigation experience, and has defended businesses within a variety of industries in contract, non-compete, and employment disputes.

Featured Videos

Financial Institutions and Data Breach Diligence May 25, 2016
Consumer Finance Trial Techniques February 24, 2016

Featured Experience

Obtained summary judgment dismissal of class action alleging lender violated the Fair Debt Collection Practices Act by sending monthly periodic statements to a borrower post-foreclosure.

Won summary judgment dismissal of claims against health care company that allegedly violated the Fair Debt Collection Practices Act by contacting a patient after his stay in the hospital due to a motorcycle accident.
Received favorable ruling that preserved government-sponsored entity's ability to remove a case to federal court based on language within its charter.

Professional Biography

Overview

Within the financial services sector, Catherine has significant experience defending against mortgage servicing claims and alleged violations of consumer protection statutes in both individual and class action lawsuits filed in state and federal court. Catherine regularly handles commercial and consumer bankruptcy issues as well.

Catherine is also a member of the Firm's Privacy and Security Team, and has defended financial institutions involved in data breach litigation. Catherine recently assisted a Firm client in satisfying its obligations to governmental entities and affected individuals and employees in a breach involving more than 20 states and hundreds of employees, and also provided public relations and credit repair guidance to the organization post-breach. She is a member of the International Association of Privacy Professionals (IAPP) and InfraGuard.

Catherine serves as a member of the Leadership Team for the Firm's Women's Initiative. A former Miss Alabama, Catherine represented the state at the 2004 Miss America Pageant and was the winner of the national community service award for her work with First Vote: America's Freedom to Choose, a non-partisan civic education program designed to increase political awareness among young adults sponsored by the Close Up Foundation. Catherine remains active in her community with the Birmingham Business Alliance and is a member of the Board of Trustees for the Birmingham Children's Theatre and a founding member of the Theatre's Patrons Board. When not in the office, Catherine enjoys spending time with her husband and two sons. Follow her on Twitter at the Financial Services Department's Twitter Account, @Baker_Banking, and @missal03.

Representative Matters
  • Won summary judgment dismissal of post-foreclosure claims against GSE and loan servicer based on alleged issues with default notice and acceleration required by the terms of the note and mortgage.

  • Routinely handles Telephone Collection Practices Act (TCPA) claims in federal courts across Alabama, including issues regarding consent provided by the borrower to be contacted on a cellular telephone.

  • Obtained summary judgment dismissal of class action alleging lender violated the Fair Debt Collection Practices Act by sending monthly periodic statements to a borrower post-foreclosure.

  • Won summary judgment dismissal of claims against health care company that allegedly violated the Fair Debt Collection Practices Act by contacting a patient after his stay in the hospital due to a motorcycle accident.
  • Received favorable ruling that preserved government-sponsored entity's ability to remove a case to federal court based on language within its charter.
  • Obtained summary judgment dismissal of all claims for loan servicer against alleged violations of Truth in Lending Act section 1641(g) under "administrative convenience" exception, affirmed on appeal by the United States Court of Appeals for the Eleventh Circuit.
  • Dismissal of counterclaim against GSE where borrower asserted oral loan modification and wrongful foreclosure claims, recently affirmed by Alabama Court of Civil Appeals. The borrower's petition for rehearing was further denied.
  • Obtained dismissal of wrongful foreclosure claim for lender, affirmed on appeal by the Alabama Supreme Court.
  • Obtained summary judgment for client in real property dispute involving competing claims of priority and improperly filed liens.
  • Represented subcontractor in oral argument before the Alabama Court of Civil Appeals in Competitive Bid Law dispute.
  • Assisted civil forfeiture claimant in recovering attorneys' fees under the Civil Asset Forfeiture Reform Act. 
  • Obtained summary judgment for a national bank in a data breach case in the Northern District of Alabama. Plaintiff's identity was stolen and alleged it was because the bank caused a breach by not encrypting a loan application sent via a PDF Attachment to an email. We defended the case on issue of proximate cause; the court agreed and granted summary judgment.

  • Represented title insurer in loan dispute involving claims of fraud and mortgage reformation, resulting in a more than $500,000 verdict for client.

  • Obtained summary judgment dismissal for lender against breach of contract claim arising from alleged violations of required pre-foreclosure notice. The decision was affirmed on appeal by the Alabama Court of Civil Appeals and writ of certiorari was denied by the Alabama Supreme Court.

  • Obtained summary judgment dismissal of all claims for loan servicer on alleged "standing" issues and a challenge to the servicer's authority to exercise the power of sale as the holder of the debt obligation under the Uniform Commercial Code.

  • Secured a bench trial win for top-five national servicer against borrower allegations of fraud and Fair Debt Collection Practices Act claims stemming from the denial of a loan modification request and allegations that of an oral promise of a modification at a home preservation workshop several years prior. Following the bench trial, the court concluded that the servicer was the borrower's creditor as the owner of the loan, and was not covered by the FDCPA as a result. The court also concluded that there was no evidence that the borrower was promised a modification, and in fact, that there was evidence to the contrary.

Professional Honors & Activities
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Listed in Mid-South Super Lawyers as a Rising Star in Business Litigation (2013 – 2016)
  • Listed as one of B-Metro Magazine's Top Women Lawyers (2015 – 2017)
  • Recipient – ALFN's 2015 JPEG Picture the Future List of Young Professionals to Watch
  • Member – American Legal Financial Network; Women in Legal Leadership and Junior Professional Executive Group
  • Member – International Association of Privacy Professionals (IAPP)
  • Member – InfraGuard, Birmingham Chapter
  • Member – TechBirmingham
  • Member – Birmingham Children's Theatre Board of Trustees (2013 – 2014); Chair of Governance Committee (2014 – 2015); Chair of Personnel Committee (2015 – 2016)
  • President – Birmingham Children's Theatre Patrons' Board (2012 – 2013; 2013 – 2014); Member (2010 – present)
  • "Birmingham's Finest" Honoree, Cystic Fibrosis Foundation of Alabama (2012)
  • "Birmingham's Finest" Honoree Committee, Cystic Fibrosis Foundation of Alabama (2013, 2014, 2015)
  • Publications Chair – DRI, Technology Committee (2008 – 2012)
  • Substantive Liaison – DRI, Construction Committee (2010)
  • Member – Birmingham Volunteer Lawyer's Program, Alabama State Bar Volunteer Lawyer's Program
  • Member – Alabama State Bar Young Lawyer's Section, Birmingham Bar Association (Young Lawyers Section, Women's Section)
  • Member – Alabama State Bar History and Archives Committee
  • Member – National Association of Professional Women
  • Member – Birmingham Business Alliance, Women's Business Council
  • Recipient – President George W. Bush Volunteer Service Award
Publications
Speaking Engagements

Awards

Education

  • University of Alabama School of Law, J.D., 2007, cum laude
  • Auburn University, B.A. in History, 2002

Admissions

  • Alabama, 2007
  • United States District Court for the Northern, Middle and Southern Districts of Alabama, 2007
  • United States Court of Appeals for the Eleventh Circuit, 2008

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