Daniel J. O'Rielly

Mr. O'Rielly is a Partner in the Firm's California and Chicago offices,
focusing his practice on Financial Services Litigation.

Mr. O'Rielly is a trial attorney with a nationwide practice focusing on the defense
of financial institutions, including banks, credit card issuers, auto finance lenders,
mortgage lenders, and consumer finance companies, in litigation involving state and
federal consumer finance laws. He has extensive experience defending financial
institutions in complex litigation and class actions and defending companies in
consumer class actions. Mr. O'Rielly leads a team of experienced attorneys at the
Firm who specialize in banking and financial services litigation.

Mr. O'Rielly publishes California Consumer Finance Litigation, reporting
on recent developments and providing analysis of important finance
topics related to banking, credit cards, mortgages, and consumer
finance statutes and regulations.

Mr. O'Rielly also represents businesses in employment litigation and in commercial litigation,
specializing in contract disputes and partnership disputes. He is a certified mediator, focusing on
mediating disputes involving consumer finance claims, contract disputes, and unfair
business practices.

Mr. O'Rielly is an experienced trial attorney. He has represented Firm clients
successfully in bench trials, arbitration hearings, and jury trials. Most recently,
he obtained a successful verdict for the Firm's client after a four-week
jury trial in Alameda Superior Court.

He has also successfully litigated numerous appeals in the California Court of Appeal
and the U.S. Court of Appeals for the Ninth Circuit.

Contact

Education

Cornell University J.D., 1998.

Colgate University B.A. in Economics, 1995.

Bar Admissions

Illinois, 1998; U.S. District Court for the Northern District of Illinois; U.S. Court of Appeals for the Seventh Circuit;

California, 2001; U.S. District Courts for the Northern, Eastern, Central, and Southern Districts of California; U.S. Court of Appeals for the Ninth Circuit.

Reported Cases

Edgerly v. City and County of San Francisco, 495 F.3d 645 (9th Cir. 2007) (affirming summary judgment, award of attorney's fees, and sanctions award in Section 1983 case).

Byars v. SCME Mortgage Bankers, Inc., 109 Cal.App.4th 1134 (Dist. 4 2003) (affirming summary judgment for mortgage lender in yield spread premium case).

Publications and Presentations

One to Watch: U.S. Supreme Court to Decide FDCPA Costs for Defendants (August 2012).

Court of Appeal Holds Concepcion Overrules Gentry (July 2012).

California Supreme Court Holds NBA Preempts 1748.9 (July 2012).

US Supreme Court Confirms RESPA Fee Splitting Limits (June 2012).

CFPB Proposes Simplified Card Agreement (December 2011).

CFPB Releases Its First Consumer Response Report (December 2011).

7th Circuit Weighs in on FCRA Preemption (October 2011).

OCC Dodd-Frank Preemption Rule is Final (September 2011).

Ninth Circuit Affirms FDCPA Summary Judgment (July 2011).

TCPA Summary Judgment Scope Defined (July 2011).

Federal Preemption Under Dodd-Frank, presented to the Consumer Financial Services Committee of the State Bar of California (July 2011).

Enforcing Arbitration in Consumer Disputes after AT&T Mobility LLC v. Concepcion, presented to the Financial Institutions Committee, Business Law Section, State Bar of California (May 2011).

Here Comes the Consumer Financial Protection Bureau , Consumer Finance Litigation (February 2011).

Supreme Court Holds Regulation Z Did Not Require Disclosure of Rate Increase, California State Bar Business Law eBulletin (January 2011).

Essentials of the New Consumer Financial Protection Laws, presented to the Business Law Section of the State Bar of California (January 2010).

Quoted in The Daily Journal, "Consumer Agency Closer to Reality" regarding the proposed Consumer Financial Protection Agency (October 2009).

Financial Regulatory Reform under the Consumer Financial Protection Agency Act of 2009, presented to the Consumer Financial Services Committee of the State Bar of California (October 2009).

Class Arbitration Waivers and Financial Institutions, presented to the Financial Institutions Committee of the State Bar of California (April 2009).

Understanding California's Financial Information Privacy Law, Consumer Financial Services Law Report (2003).