Christopher J. Cariello

Senior Associate

New York


Read full biography at www.orrick.com
A Senior Associate in the Supreme Court and Appellate Group, Chris's practice focuses on high-stakes appeals and cutting-edge legal issues.

Chris is an expert in intellectual property law, specializing in the copyright and trademark issues that arise at the intersection of business and technology. He has represented major tech developers, biomedical manufacturers, retailers, and content creators on a wide range of critically important issues. From cutting-edge issues of personal jurisdiction, extraterritoriality, and damages in patent cases, to the trademark law’s trade dress, functionality, dilution, and nominative fair use doctrines, to the daunting copyright questions that confront technology providers and platforms in the digital age, Chris has litigated the most pressing questions in courts across the country.

In addition, Chris has a wealth of experience in class action defense in both trial and appellate courts, including two recent appellate victories as lead associate defending the denial of class certification. He has represented clients in appeals involving trade secrets, class action litigation, bankruptcy, telecommunications, constitutional law, and more. And he has counseled Fintech clients on novel issues confronting that industry.

Chris has authored merits briefs and cert. petitions in the U.S. Supreme Court, as well as dozens of briefs in federal and state courts of appeals. He has represented clients in trial courts, crafting dispositive motions, witness declarations, evidentiary objections, and jury instructions. And he has argued and won several cases in federal and state courts.

Chris also maintains an active pro bono practice. Last year, he argued and won a precedent-setting appeal in New York’s Appellate Division, persuading the court that the parole board violated his client’s constitutional rights. He has also won victories for clients in immigration cases and cases presenting novel legal issues under freedom of information laws.

Prior to joining Orrick, Chris was a law clerk to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit and Chief Judge Carol B. Amon of the U.S. District Court for the Eastern District of New York.

Posts by: Christopher Cariello

Federal Regulators Issue Key Guidance on Fintech Issues

 

On July 30, 2018, the U.S. Department of the Treasury (“Treasury“) and the Office of the Comptroller of the Currency (“OCC“) provided important guidance on a broad range of issues confronting the fintech industry. Treasury released a long-awaited report titled A Financial System That Creates Economic Opportunities: Nonbank Financials, Fintech, and Innovation (the “Treasury Report“).

Following a specific recommendation in the Treasury Report, the OCC formally announced that it would begin to accept applications for special purpose national bank charters, and it provided guidance on the procedures and standards that would govern such applications through the issuance of a Licensing Manual Supplement for Special Purpose National Banks (the “Manual Supplement“). Taken together, the Treasury Report and the OCC announcement reinforce the commitment of the federal government to promote the growth of the fintech industry. Click here to read the full Orrick-authored alert.

Bill Introduced in Congress 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 legal precedent under the National Bank Act and the Federal Deposit Insurance Act that federal law preempts a loan’s interest if valid when made. The legislation was introduced to address one of the issues raised by the Second Circuit in Madden vs. Midland Funding. Legislation.