Candice L. Musiek Capoziello

Associate

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. She 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. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. Court of Appeals, Sixth Circuit

 

Experience

  • Successfully represented a national bank through appeal in a contested foreclosure action involving issues of standing and conditions precedent to acceleration of the debt.
  • Second chair in the successful defense of a loan servicer in a jury trial concerning the Telephone Consumer Protect Act of 1991.
  • Successfully represented a national bank through appeal in a contested foreclosure action involving issues of standing, improper assignment, illegal securitization, and quiet title.
  • Defended a national loan servicer against allegations of common law claims, the Fair Debt Collection Practices Act, and RICO claims.
  • Defended an employer through appeal in a breach of employment contract case against a former employee.

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 (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