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Ross Hofherr
D: (212) 313-5482  
RHofherr@HarrisBeach.com

Ross B. Hofherr

  Member

Legal Teams Leader -  
International Trade
(212) 313-5482  |
  RHofherr@HarrisBeach.com
“Clients often value advice that goes beyond the scope of the engagement as it demonstrates a more complete understanding of their business and objectives.”
  • Ross Hofherr Presenting Webinar on Bank Secrecy Act and Anti-Money Laundering with The Knowledge Group
  • Federal Financial Regulators Issue Warnings About Russian Sanction Evasion Attempts
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location

Ross is a co-leader of the Regional Financial Institutions Team and represents financial institutions and other commercial clients in complex business disputes in state and federal courts.  These matters often involve multijurisdictional or international implications, including contract, regulatory compliance, lender liability, distribution agreements, partnership disputes, insurance, reinsurance, and white-collar matters. Ross also advises clients on regulatory implications of engaging in commercial transactions, including international transactions. His work includes the defense of consumer financial services class action litigation, regulatory matters, mediations, arbitrations, and internal investigations.

Ross advises organizations of all types on financial and banking developments within the Marijuana Regulation and Taxation Act (MRTA), including cultivators and processors, retailers, and distributors. He is a frequent speaker on Cannabis topics.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

  • "Ross Hofherr Moderating and Meaghan Feenan Presenting as Panelist During Greater Rochester Chamber Cannabusiness Webinar," Webinar, October 2021.
  • Presented “An Internal Investigation of a Cyber Security Breach” at the Defense Research Institute (DRI) Annual Meeting, San Francisco, California, October 2018
  • Presented “Recent Trends in Telephone Consumer Protection Act (TCPA) Enforcement and Litigation” at the Defense Research Institute (DRI) Cybersecurity and Data Privacy Seminar, Chicago, Illinois, September 2018.
  • Presented “How to Turn GDPR (General Data Protection Regulation) into an Opportunity in 2018-19” and “Law Firm Security In The Cloud – GDPR Perspective” at the Global Legal ConfEx and Global GDPR ConfEx, New York, New York, June 2018.
  • Presented “Lender Liability: Tips and Strategies in Avoiding Claims and Other Risks in 2018 and Beyond” The Knowledge Group webinar, June 2018.
  • Authored “Now Entering the Ring . . . Are “Ringless Voicemail” Calls Exempt from the TCPA?” published in the Defense Research Institute (DRI) publication For the Defense, February 2018.
  • Presented “The Fair Debt Collection Practices Act: Effective Compliance Strategies for Your Firm in 2018” The Knowledge Group webinar, January 2018.
  • Moderated “Two Wrongs Don’t Make a Right! Ethical Concerns when Conducting Internal Investigations” at the Defense Research Institute (DRI) Annual Meeting, Chicago, Illinois, 2017.
  • Presented “Heightened BSA/AML Compliance: Challenges in 2017 and Beyond” The Knowledge Group webinar, October 2017.
  • Authored “New Developments from the OCC” published in Corporate Integrity, the Newsletter of the Government Enforcement and Corporate Compliance Committee of the Defense Research Institute (DRI), September 2017.
  • Presented “Inside Collection Compliance” at the Auto Finance Risk & Compliance Summit, San Diego, California, 2017.
  • Presented “Fintech/Bank Partnerships: A Live Webinar to Discuss the OCC’s Latest Guidance” DealFlow Financial Products webinar, July 2017.
  • Authored "A Summary of Recent FinCEN Anti-Money Laundering Enforcement Actions and Geographic Targeting Orders" published in Defense Research Institute (DRI) publication In-House Defense Quarterly, Spring 2017.
  • Presented “Inside Collection Compliance” at the Auto Finance Risk & Compliance Summit, Fort Worth, Texas, May 2016
  • Advises financial institutions on the state and federal legal risks of providing banking services to cannabis companies.
  • Successfully resolved complaint made against US-based business by Data Subject to the UK Data Protection Authority (the ICO) under the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the GDPR).
  • Drafted and revised Data Protection Agreements and Policies and Procedures for multiple businesses to reflect compliance obligations under the GDPR, the New York Department of Financial Services Cybersecurity Regulation (23 NYCRR 500), and other regulations governing data transfers, data privacy, and cybersecurity.
  • Defended a national auto lender in a class action arising from repossession practices.
  • Defended mortgage lender against regulatory investigation alleging “redlining” fair lending violations.
  • Defended national bank in litigation related to sanctions implemented by the Treasury Department’s Office of Foreign Assets Control (OFAC Sanctions).
  • Represented a syndicate of national and regional banks in an international arbitration to enforce rights under an insurance policy used as collateral for a multi-million dollar loan.Issues in arbitration included insurance coverage, disclosure of material facts, proper usage of an interest rate collar as chosen derivative to hedge interest rate risk associated with a loan tied to LIBOR.
  • Represented a national bank in a contractual dispute with software vendor retained to implement and oversee program for sending mortgage disclosures to homeowners required by the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA).
  • Represented an international antiquities dealer in an investigation conducted by foreign prosecutors pursuant to a mutual legal assistance treaty (MLAT) to recover property believed to stolen.
  • Represented a national staffing agency to recover fees owed for staffing services resulting in full recovery of all fees owed, interest, and attorney’s fees.
  • Defended a manufacturer against claims made by a terminated distributor.

During law school, Ross served as a legal intern at the New York Stock Exchange, Division of Enforcement at the Compliance Department of Morgan Stanley, performing regulatory compliance functions.

Professional and Civic

  • New York State Bar Association, member, including the Commercial & Federal Litigation Section, Corporate Counsel Section and Young Lawyers Section
  • Defense Research Institute (DRI), member, serves on the following committees: Alternative Dispute Resolution, Commercial Litigation, Government Enforcement and Corporate Compliance, Governmental Liability, and Young Lawyers
    • DRI Regulatory and Transactional Task Force
    • DRI Government Enforcement and Corporate Compliance Committee, chair
  • Brooklyn Law School Mentor Program, mentor

Recognition

  • Super Lawyers, Rising Stars, Business Litigation, since 2015

Legal Practices

Business and Commercial Litigation
Corporate
Cybersecurity Protection and Response
Government Compliance and Investigations
International Trade
Mass Torts and Industry-Wide Litigation

Industry Teams

Blockchain and Digital Assets
Cannabis
Financial Institutions and Capital Markets

New Jersey

New York

U.S. District Court, District of Colorado

U.S. District Court, New Jersey

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

Brooklyn Law School

JD
2007

University of Florida

BA
2004
cum laude
New York, NY Office
All Insights, All Publications, Legal Alert |
 March 14, 2022
Federal Financial Regulators Issue Warnings About Russian Sanction Evasion Attempts
With the imposition of sweeping new sanctions on Russia and Belarus following the invasion of Ukraine, federal financial regulators are issu...read more
All Publications, Legal Alert |
 January 7, 2022
Federal Cannabis Legislation Seeks to Decriminalize Marijuana, Create Safe Harbors for Banks and Insurers, Strike Regulatory Balance, and More
All Publications, Legal Alert |
 December 22, 2021
Pending Cannabis Legislation in New York State Broadens Equity, Promotes Hemp Packaging, Extends Opt-Out Deadline
Pursuing social equity. New York State Senator Jeremy Cooney has introduced a bill that would classify individuals who identify as transgend...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 30, 2020
Paycheck Protection Program Lenders Face Lawsuits Over Lending Practices
In response to the devastating economic impacts of COVID-19, Congress enacted the historic economic stimulus bill - Coronavirus Aid, Relief,...read more
All Insights, All Publications, Covid-19, Legal Alert |
 March 16, 2020
Disaster Emergency in New York State Prohibits Certain Telemarketing Calls
On Saturday, March 7, New York Governor, Andrew Cuomo, issued Executive Order No. 202 declaring a disaster emergency in the State of New Yor...read more
All Insights, All Publications, Legal Alert |
 January 29, 2020
Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts
The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes...read more
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(866) 999-0659

Ross B. Hofherr

RHofherr@HarrisBeach.com
D: (212) 313-5482
New York, NY Office
Ross Hofherr
https://harrisbeach.com/people/hofherr-ross-b/

■ Areas of Expertise

Business and Commercial Litigation Legal Practice
Corporate Legal Practice
Cybersecurity Protection and Response Legal Practice
Government Compliance and Investigations Legal Practice
International Trade Legal Practice
Mass Torts and Industry-Wide Litigation Legal Practice
Blockchain and Digital Assets Industry Team
Cannabis Industry Team
Financial Institutions and Capital Markets Industry Team

■ Profile

Ross is a co-leader of the Regional Financial Institutions Team and represents financial institutions and other commercial clients in complex business disputes in state and federal courts.  These matters often involve multijurisdictional or international implications, including contract, regulatory compliance, lender liability, distribution agreements, partnership disputes, insurance, reinsurance, and white-collar matters. Ross also advises clients on regulatory implications of engaging in commercial transactions, including international transactions. His work includes the defense of consumer financial services class action litigation, regulatory matters, mediations, arbitrations, and internal investigations.

Ross advises organizations of all types on financial and banking developments within the Marijuana Regulation and Taxation Act (MRTA), including cultivators and processors, retailers, and distributors. He is a frequent speaker on Cannabis topics.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

  • "Ross Hofherr Moderating and Meaghan Feenan Presenting as Panelist During Greater Rochester Chamber Cannabusiness Webinar," Webinar, October 2021.
  • Presented “An Internal Investigation of a Cyber Security Breach” at the Defense Research Institute (DRI) Annual Meeting, San Francisco, California, October 2018
  • Presented “Recent Trends in Telephone Consumer Protection Act (TCPA) Enforcement and Litigation” at the Defense Research Institute (DRI) Cybersecurity and Data Privacy Seminar, Chicago, Illinois, September 2018.
  • Presented “How to Turn GDPR (General Data Protection Regulation) into an Opportunity in 2018-19” and “Law Firm Security In The Cloud – GDPR Perspective” at the Global Legal ConfEx and Global GDPR ConfEx, New York, New York, June 2018.
  • Presented “Lender Liability: Tips and Strategies in Avoiding Claims and Other Risks in 2018 and Beyond” The Knowledge Group webinar, June 2018.
  • Authored “Now Entering the Ring . . . Are “Ringless Voicemail” Calls Exempt from the TCPA?” published in the Defense Research Institute (DRI) publication For the Defense, February 2018.
  • Presented “The Fair Debt Collection Practices Act: Effective Compliance Strategies for Your Firm in 2018” The Knowledge Group webinar, January 2018.
  • Moderated “Two Wrongs Don’t Make a Right! Ethical Concerns when Conducting Internal Investigations” at the Defense Research Institute (DRI) Annual Meeting, Chicago, Illinois, 2017.
  • Presented “Heightened BSA/AML Compliance: Challenges in 2017 and Beyond” The Knowledge Group webinar, October 2017.
  • Authored “New Developments from the OCC” published in Corporate Integrity, the Newsletter of the Government Enforcement and Corporate Compliance Committee of the Defense Research Institute (DRI), September 2017.
  • Presented “Inside Collection Compliance” at the Auto Finance Risk & Compliance Summit, San Diego, California, 2017.
  • Presented “Fintech/Bank Partnerships: A Live Webinar to Discuss the OCC’s Latest Guidance” DealFlow Financial Products webinar, July 2017.
  • Authored "A Summary of Recent FinCEN Anti-Money Laundering Enforcement Actions and Geographic Targeting Orders" published in Defense Research Institute (DRI) publication In-House Defense Quarterly, Spring 2017.
  • Presented “Inside Collection Compliance” at the Auto Finance Risk & Compliance Summit, Fort Worth, Texas, May 2016

■ Representative Matters

  • Advises financial institutions on the state and federal legal risks of providing banking services to cannabis companies.
  • Successfully resolved complaint made against US-based business by Data Subject to the UK Data Protection Authority (the ICO) under the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the GDPR).
  • Drafted and revised Data Protection Agreements and Policies and Procedures for multiple businesses to reflect compliance obligations under the GDPR, the New York Department of Financial Services Cybersecurity Regulation (23 NYCRR 500), and other regulations governing data transfers, data privacy, and cybersecurity.
  • Defended a national auto lender in a class action arising from repossession practices.
  • Defended mortgage lender against regulatory investigation alleging “redlining” fair lending violations.
  • Defended national bank in litigation related to sanctions implemented by the Treasury Department’s Office of Foreign Assets Control (OFAC Sanctions).
  • Represented a syndicate of national and regional banks in an international arbitration to enforce rights under an insurance policy used as collateral for a multi-million dollar loan.Issues in arbitration included insurance coverage, disclosure of material facts, proper usage of an interest rate collar as chosen derivative to hedge interest rate risk associated with a loan tied to LIBOR.
  • Represented a national bank in a contractual dispute with software vendor retained to implement and oversee program for sending mortgage disclosures to homeowners required by the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA).
  • Represented an international antiquities dealer in an investigation conducted by foreign prosecutors pursuant to a mutual legal assistance treaty (MLAT) to recover property believed to stolen.
  • Represented a national staffing agency to recover fees owed for staffing services resulting in full recovery of all fees owed, interest, and attorney’s fees.
  • Defended a manufacturer against claims made by a terminated distributor.

During law school, Ross served as a legal intern at the New York Stock Exchange, Division of Enforcement at the Compliance Department of Morgan Stanley, performing regulatory compliance functions.

■ Professional and Civic

  • New York State Bar Association, member, including the Commercial & Federal Litigation Section, Corporate Counsel Section and Young Lawyers Section
  • Defense Research Institute (DRI), member, serves on the following committees: Alternative Dispute Resolution, Commercial Litigation, Government Enforcement and Corporate Compliance, Governmental Liability, and Young Lawyers
    • DRI Regulatory and Transactional Task Force
    • DRI Government Enforcement and Corporate Compliance Committee, chair
  • Brooklyn Law School Mentor Program, mentor

■ Admissions

  • Super Lawyers, Rising Stars, Business Litigation, since 2015

■ Education

Brooklyn Law School
 ,JD
 ,2007
University of Florida
 ,BA
 ,2004
 ,cum laude

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Sports Law
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of May 16, 2022 8:52 am
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