Candice L. Musiek Capoziello

Associate

Candice is a member of Ulmer’s Financial Services Practice Group, where she regularly represents clients in court and in arbitrations before the Financial Industry Regulatory Authority (FINRA) involving customer claims of fraud, unsuitability, churning, and failure to supervise and industry-based claims involving restrictive covenants, trade secret misappropriation, and unfair competition. She also represents banks, finance companies, and mortgage servicers in a range of commercial finance actions. Candice regularly helps clients navigate through claims and investigations involving, for example, the Consumer Sales Practices Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Real Estate Settlement Procedures Act, the Telephone Consumer Protection Act, the Truth in Lending Act, and the Uniform Commercial Code.

Education & Admissions

Education

  • Case Western Reserve University

    (B.S., cum laude, 2004)

  • Cleveland-Marshall College of Law

    (J.D., magna cum laude, 2009)

    Business Editor and Associate Editor, Cleveland State Law Review; CALI Excellence in Commercial Law, Secured Transactions, and Social Science & Law

Admissions

  • State of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Eastern District of Michigan

 

Experience

Candice has successfully represented the following:

  • Major national firms in numerous cases involving trade secrets, non-competition/non-solicitation, inevitable disclosure, and unfair competition issues.
  • Counseled national and regional broker-dealers in claims brought by customers, including those involving allegations of unsuitability, fraud, misappropriation, failure to supervise, breach of fiduciary duty, and selling away.
  • Defended employer through appeal from a former employee’s claim regarding unpaid commissions and disclosure of employee’s purported proprietary information.  Geriak v. Arnco, Inc., 8th Dist. Cuyahoga No. 97947, 2012-Ohio-3820.
  • Defended company on summary judgment, which was upheld on appeal, a putative class action complaint that alleged violations under the Telephone Consumer Protection Act related to phone calls and text messages. Keating v. Peterson’s Nelnet, LLC, N.D. Ohio No. 1:11 CV 1775, 2014 WL 1891369, aff’d, 615 Fed.Appx. 365 (6th Cir. 2015).
  • Repeatedly defended large companies against claims related to telemarketing phone calls, including claims arising under the Telephone Consumer Protection Act and the Consumer Sales Practices Act.
  • Litigated and argued on appeal a contested foreclosure action involving claims concerning standing, res judicata, and statute of limitations. (Bank of New York Mellon Tr. Co. v. Unger, 8th Dist. Cuyahoga No. 101598, 2015-Ohio-769.)
  • Litigated and argued on appeal a contested foreclosure action involving claims under the U.C.C., standing, and evidentiary related issues. (Bank of America v. Jones, 11th Dist. Geauga No. 2014-G-3197, 2014-Ohio-4985.)
  • A major national bank was accused of violating the Telephone Consumer Protection Act and other consumer based statutes. After a jury trial, judgment was rendered in favor of the bank on all claims.
  • Counseled national and local banks in appropriate consumer and commercial loan mitigation and modification efforts.
  • Counsel lenders and real estate companies and their associates on RESPA related issues.

Publications & Presentations

Client Alerts

Presentations

  • “Consumer Class Actions: Where Do We Go From Here?” Ulmer & Berne, Financial Services & Securities Litigation Hot Topics 2015 (November 2015)

Involvement

PROFESSIONAL AFFILIATIONS

  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association
  • William K. Thomas Inn of Court (2011-2014)

COMMUNITY INVOLVEMENT

  • Recovery Resources (Associate Board Member)
  • Cleveland Metropolitan Bar Association The 3Rs – Rights, Responsibilities, and Realities Program (High School Classroom Volunteer 2017-present)
  •  Cleveland Plays
  • Alzheimer’s Association (Former Co-Chair, Blondes v. Brunettes Flag Football Charity)

Honors

HONORS

  • Named to the Ohio Super Lawyers Rising Stars list (2017-2019)
  • Judicial Extern to the Honorable Judge Dan A. Polster, U.S. District Court, Northern District of Ohio