Christopher Cariello

Christopher Cariello

Orrick, Herrington & Sutcliffe LLP

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Rejecting "True Lender" Arguments, California District Court Dismisses Claims Against Student Loan Servicers

This past Thursday, September 22, a federal district court in the Central District of California dismissed an action raising usury claims against several student loan servicers, rejecting the plaintiffs' arguments based on...more

9/26/2016 - Banking Sector Interest Rates Lenders Motion to Dismiss Student Loans Students Usury

Arguing that CashCall was the "True Lender", CFPB Successfully Challenges High Interest Loan Program

On August 31, a federal district court in California ruled in favor of the U.S. Consumer Financial Protection Bureau (CFPB) on the application of "true lender" principles in the context of a tribal lending arrangement. The...more

9/8/2016 - Banking Sector CashCall CFPA CFPB Consumer Financial Products Consumer Lenders Financial Institutions Home State Exception Interest Rates Internet Lenders Native American Issues Online Marketplace Lending Payday Loans Tribal Loans

Congress Introduces Bill to Make “Valid When Made” the Law of the Land

Chief Deputy Whip Patrick McHenry (R, NC-10), the Vice Chairman of the House Financial Services Committee, introduced H.R. 5724, the Protecting Consumers’ Access to Credit Act of 2016, which would reaffirm the longstanding...more

8/22/2016 - Financial Services Committee Madden v Midland Funding National Bank Act Valid When Made Doctrine

Case Update: Midland Funding Madden – Supreme Court Denies Certiorari

The Supreme Court today denied certiorari in Midland Funding v. Madden. Although the denial leaves the Second Circuit's May 2015 decision in place, it does not signal the Supreme Court's view of the correctness of that ruling...more

6/27/2016 - Banking Sector Certiorari Choice-of-Law Debt Buyers Financial Services Industry Interest Rates Madden v Midland Funding Online Marketplace Lending SCOTUS Usury Valid When Made Doctrine

Case Update: Midland Funding v. Madden – Supplemental Brief

As we reported in our case update on May 26, the Solicitor General filed its brief expressing the Government’s views on the cert-worthiness of Midland Funding v. Madden. Yesterday, Midland filed a supplemental brief with the...more

6/9/2016 - Banking Sector Consumer Lenders Debt Buyers Debt Collection Financial Services Industry Madden v Midland Funding National Bank Act Online Marketplace Lending Solicitor General

Case Update: Midland Funding v. Madden: The Solicitor General Brief Could Be a Game Changer

In response to a request of the U.S. Supreme Court (discussed here), the U.S. Solicitor General’s Office on Tuesday filed a brief with the Court expressing the U.S. Government’s views on the merits of the claims brought in...more

5/26/2016 - Banking Sector Consumer Lenders Financial Services Industry Madden v Midland Funding National Bank Act OCC Online Marketplace Lending Preemption SCOTUS Solicitor General Usury

CFPB Proposes New Class Action Arbitration Rule: Possible Challenges and Practical Impacts

The U.S. Consumer Financial Protection Bureau (CFPB) yesterday issued a Notice of Proposed Rulemaking that, among other things, would prohibit the use of class action waivers in arbitration clauses in connection with a broad...more

5/6/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Federal Arbitration Act Financial Services Industry Service Contracts

Case Update: Midland Funding v. Madden

The U.S. Supreme Court on Monday issued an order inviting the Solicitor General to provide the views of the United States on whether the Court should grant Midland Funding’s petition seeking review. As discussed in greater...more

3/22/2016 - Consumer Lenders Financial Services Industry Madden v Midland Funding National Bank Act Online Marketplace Lending Preemption SCOTUS Solicitor General

American Broadcasting Companies, Inc., Et Al., v. Aereo, Inc., F/K/A Bamboom Labs, Inc.

Brief Of Dish Network L.L.C. And Echostar Technologies L.L.C. As Amici Curiae In Support Of Respondent (April 2, 2014)

INTEREST OF AMICI CURIAE - This amicus curiae brief is filed on behalf of DISH Network L.L.C. (“DISH”) and EchoStar Technologies L.L.C. (“EchoStar”). Since its founding in the early 1980s, DISH has reinvented the...more

4/11/2014 - Appellate Briefs Copyright Copyright Infringement Dish Network Echostar Technology Television Programming

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