Of Counsel to the Cullen Law Firm:



Joyce E. Mayers
Attorney and Counselor at Law
jem@cullenlaw.com 
 
Education:
Wellesley College, B.A., 1973
Boston College Law School, J.D., 1977
 
Practice Areas:
 
Joyce E. Mayers has an extensive background dealing with various federal regulatory programs, giving her wide experience in administrative practice before a number of federal agencies including the Securities and Exchange Commission, Commodity Futures Trading Commission, Federal Trade Commission, and Federal Communications Commission. Ms. Mayers has handled complex federal court litigation arising from issues involving these regulatory programs, as well as regulatory investigations and proceedings before these agencies. Ms. Mayers has also litigated several cases under the False Claims Act and has a background in antitrust matters.

At the CFTC, Ms. Mayers conducted numerous investigations involving fraudulent commodity trading operations, and prosecuted enforcement proceedings in federal court. Ms. Mayers also handled the investigation into actions taken by the commodity exchanges in response to the Hunt family's alleged attempt to “corner the silver market.” In private practice, Ms. Mayers has litigated matters involving cutting edge issues of regulation of interbank transactions in derivative products and foreign currency trading.

Ms. Mayers has defended a large financial newsletter publisher in parallel investigations before the SEC and CFTC involving investment advisor and trading advisor registration, and counseled the publisher on issues relating to regulation of financial newsletters. Ms. Mayers has also defended a number of FTC investigations relating to fraudulent advertising and telemarketing businesses.

Ms. Mayers litigated through appeal the unauthorized use by the District of Columbia of federal funds restricted to hire additional police officers under the False Claims Act. The appellate phase of this matter involved issues of first impression relating to "new federalism" and the reach of qui tam provisions to municipalities in general and the District of Columbia specifically.

Ms. Mayers has litigated several class action lawsuits brought to enforce the rights of independent truck drivers under the federal Truth-in-Leasing regulations. Several cases handled by Ms. Mayers have established important precedent for enforcing owner-operator rights under the federal Truth-in-Leasing regulations including:

  • Owner-Operator Independent Drivers Ass’n, Inc. v. Arctic Exp., Inc., 159 F.Supp.2d 1067 (S.D. Ohio, 2001)(forfeiture of unused escrow funds in violation of Truth-in-Leasing regulations held unlawful).

  • Owner-Operator Independent Drivers Ass’n, Inc. v. Arctic Express, Inc., 238 F.Supp.2d 963 (S.D. Ohio, 2003)(absent class members not subject to debt counterclaims in action to enforce federal regulations).

  • In re: Internet: OOIDA v. Huntington National Bank, 273 B.R. 153 (S.D. Ohio 2002)(federal Truth-in-Leasing regulations create statutory trust over owner-operator escrow funds).

  • Owner-Operator Independent Drivers Ass’n, Inc. v. Arctic Express, Inc., 2001 WL 34366624 (S.D. Ohio 2001)(class certified to enforce federal regulations; individual damage issues may not defeat cognizable class).

  • Owner-Operator Independent Drivers Ass’n, Inc. v. Arctic Express, Inc., 270 F.Supp.2d 990 (S.D. Ohio 2003)(ICCTA does not impose impermissible retroactive effect when applied to pre-enactment leases).

  • Owner-Operator Independent Drivers Ass’n, Inc. v. Arctic Exp., Inc., 288 F. Supp. 2d 895, (S.D. Ohio 2003)(definition of applicable measure of damages for violation of escrow provisions of federal Truth-in-Leasing regulations).

  • Comwest, Inc. v. American Operator Services, Inc., 765 F. Supp. 1467 (C.D. Cal. 1991)(RICO action dismissed with prejudice for failure to plead fraud with specificity).

  • U.S. ex rel. Settlemire v. District of Columbia, 198 F.3d 913, 339 U.S.App.D.C. 166 (D.C. Cir. 1999)(False Claims Act action for improper use of District of Columbia police funds).
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