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 has a deep passion for intellectual property law, and he specializes in complex copyright and trademark issues arising at the intersection of business and technology. He has represented major tech developers, biomedical manufacturers, and content creators on a wide range of critically important issues. In particular, Chris has litigated cutting-edge issues of personal jurisdiction, extraterritoriality, and damages; the trademark law’s trade dress, functionality, dilution, and nominative fair use doctrines; and the daunting copyright questions that confront technology providers and platforms in the digital age. Chris also has a wealth of experience counseling Fintech clients on novel issues confronting that industry. And he has represented clients in appeals involving trade secrets, class action litigation, bankruptcy, telecommunications, constitutional law, and more. He 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. And he has represented clients in trial courts, crafting dispositive motions, witness declarations, evidentiary objections, and jury instructions.

Chris also maintains an active pro bono practice. He won an appeal in the Ninth Circuit on behalf of a client seeking immigration relief, and currently represents clients on issues ranging from copyright’s willfulness doctrine, to freedom of information laws, to New York state’s parole system. Chris is also an active member of the bar, sitting on the Federal Bar Council’s Public Service Committee.

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.