Theodore R. Flo

AREAS OF FOCUS
Litigation, Commercial Litigation, Consumer Financial Services, Labor and Employment, Mortgage Banking

BACKGROUND & EXPERIENCE
A client-focused litigator and enforcement attorney, with extensive experience in the financial- services, technology, and real estate industries. Theodore R. Flo represents lenders, technology companies, start-ups, corporate executives, and real estate service providers in local and national litigation, arbitration, and government investigations. While focused on investigations before the CFPB, he also represents clients before the SEC, DOJ, HUD, CFTC, and state regulators.
Teddy delivers practical cost-effective results for his clients through creative thinking and perseverance. Recent representations include the following:
• Conducted federal jury trial in Hawaii for a leading technology company. After closing argument, the jury delivered a complete victory after deliberating for only 15 minutes.
• Represent large national banks and credit card companies in litigation and arbitration matters involving FCRA, FDCPA, TILA, and state consumer protection law claims.
• Represented one of the nation’s largest alternative lending and pawn companies in a $10.5 million CFPB enforcement action.
• Represented online lead generation company in CFPB enforcement action of alleged UDAAP violations.
• Represented large national bank in CFPB enforcement action involving alleged RESPA violations for marketing services kickback scheme.
• Represented large financial services company in CFPB’s second-ever enforcement action relating to its credit card add-on products.
• Represented five major financial institutions in targeted examinations by the CFPB.
• Represented energy-industry executive in trade secrets litigation.
• Conducted internal investigations for banks and Fortune 100 companies of alleged bribery, embezzlement, and Foreign Corrupt Practices Act violations.
• Represented large international bank in alleged LIBOR bid-rigging investigation by CFTC.
He regularly practices in the Eastern District of Virginia or “rocket docket,” at times taking cases to trial in less than nine months. During law school, he clerked for the Federal Trade
Commission.

PROFESSIONAL HIGHLIGHTS
Publications
Co-author: “The Definition of a Whistleblower Under the Dodd-Frank Act is Shrinking,” Ballard Spahr Alert, March 1, 2018
Co-author, “Second Circuit Permits Longer Look-Back Period for Repeat OSHA Violations,” Ballard Spahr alert, February 16, 2018
Co-author, “Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability,” Ballard Spahr alert, January 24, 2017
Co-author, “Expect Pro-Business, Pro-Employer Changes Under Trump Administration,” Ballard Spahr alert, January 20, 2017
Co-author, “D.C. Circuit Holds CFPB Structure Unconstitutional, Interpretation of RESPA Not Entitled to Deference,” Ballard Spahr alert, October 12, 2016
Co-author, “New Guidance Issued on FCRA Compliance in Employee Screening,” Ballard Spahr alert, May 13, 2016
Chapter author on the law of receiverships in Virginia and the District of Columbia, Strategic Alternatives for Distressed Businesses, 2014 edition, publication forthcoming by Thomson West
Author, “Defining ‘Price Gouging’ by Examining the (Only) Sensible Reason To Prohibit It and How the Prohibition Should Work,” paper developing one of the first functional definitions of
price-gouging in U.S.

EDUCATION
George Washington University Law School (J.D. 2008, with honors)
University of Maryland (B.A., economics, 2005, summa cum laude; B.S., finance, 2005, magna cum laude)

ADMISSIONS
U.S. Supreme Court
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland
U.S. District Court for the Eastern District of Virginia
U.S. Bankruptcy Court for the Eastern District of Virginia
D.C. Court of Appeals
Maryland Court of Appeals
Supreme Court of Virginia

Edlira DushkuTheodore R. Flo