Offices

Cleveland

Cleveland

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3401 Tuttle Road Suite 200
Cleveland, Ohio 44122

Cleveland

Attorneys in our Cleveland office concentrate on consumer financial services, commercial litigation, and transactional matters. We provide national representation to financial institutions and corporations and serve as special and local counsel. Given Ohio’s highly regulated business climate for financial institutions and lenders, our Cleveland-based attorneys also closely monitor the regulatory developments, litigation trends, and emerging legislation that often impacts the course of business for our clients in the financial services industry.

Insights

Alert

Potential Impacts on EPA Superfund Program During Trump’s Second Term

November 19, 2024

The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald Trump’s second term can be projected based on the policies enacted during his first term, including budget priorities, deregulation efforts, and shifts in environmental governance. While some gains in efficiency and site remediation were highlighted during Trump’s first term, the broader focus on deregulation and resource limitations may pose challenges to long-term environmental goals.

Presentation

Consumer Financial Services in Review and a Look Ahead

November 20, 2024

Members Amy Greenwood-Field (Washington, DC), Aaron Kouhoupt (Cleveland), and Jim Milano (Washington, DC) will present an American Bar Association (ABA) webinar, "Consumer Financial Services in Review and a Look Ahead" on November 20th, 2024.

Alert

How a Second Trump Presidency Could Impact Brownfield Redevelopment: Policy, Economics, and Environmental Considerations

November 12, 2024

A second Trump presidency may bring a renewed focus on deregulation and a reduction in federal oversight, which could have profound implications for brownfield redevelopment. Brownfields are previously developed sites, often industrial or commercial, that may have environmental contamination. Redevelopment of these sites can transform communities, stimulate economic growth, and mitigate environmental risks. However, redevelopment efforts hinge on complex interplays between environmental regulation, federal funding, private sector incentives, and local community planning—all of which are influenced by presidential policies.

Alert

Trump 2.0: Potential CFPB Changes in 2025

November 6, 2024

Former President Donald Trump emphatically won a second term in office, and with his election, sweeping changes appear in store for the Consumer Financial Protection Bureau (CFPB or Bureau). While President-elect Trump did not discuss in any great detail his plans for the CFPB during his campaign, the CFPB’s current rulemaking, enforcement, and supervision strategies likely will not survive past early 2025.

Alert

EPA Under a Second Trump Presidency: The Good, Bad, and Ugly

November 6, 2024

A return to the presidency by Donald Trump has raised questions about the future of the U.S. Environmental Protection Agency (EPA) and the broader landscape of environmental policy in the United States. Given Trump’s past policies and statements, his administration may pursue significant changes to the EPA’s mission, budget, and regulatory approach.

Presentation

2024 Fall Conference on Consumer Finance Law

November 14-15, 2024

Members of McGlinchey’s Financial Institutions Compliance, Financial Services Litigation, and Enterprise Litigation and Investigations teams will participate in multiple sessions during the upcoming Conference on Consumer Finance Law (CCFL) Fall Consumer Financial Services Conference at SMU Dedman School of Law in Dallas, Texas.

Alert

EPA Approves New Herbicide Active Ingredient Glufosinate-P

November 4, 2024

On October 18, 2024, the U.S. Environmental Protection Agency (EPA) announced the registration of a new herbicide active ingredient, glufosinate-P. This approval marks a significant milestone in agricultural weed management, offering an alternative to the banned weedkiller dicamba.

Alert

Litigation Byte (October Edition)

October 31, 2024

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

Alert

FCRA Claims Fail as Mortgagor Could Not Satisfy His Repayment Obligations by Tendering Another Promise to Pay

October 16, 2024

On September 19, 2024, the District Court for the Eastern District of New York dismissed claims against the mortgage lender, its mortgage servicer, and credit reporting agencies under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., New York Uniform Commercial Code § 9-210 et seq., and common law defamation for lack of standing because plaintiff’s self-inflicted injury was a result of his personal choices rather than defendant’s conduct.

Alert

CFPB Issues Auto Finance Supervisory Highlights Sharing Marketing, Servicing, and Add-on Findings

October 15, 2024

A new “Auto Finance Special Edition” of the Consumer Financial Protection Bureau’s (CFPB or Bureau) Supervisory Highlights was released on October 7, 2024, and it is important for those overseeing compliance in their auto finance companies to pay close attention. The report summarizes the agency’s supervisory observations on issues that affect the entire auto finance lifecycle including marketing disclosures, repossession activities, servicing practices, and practices of data furnishers.

Alert

Supreme Court to Hear TCPA Class Action on Unsolicited Faxes and Online Fax Services

October 9, 2024

For the second time in five years, the U.S. Supreme Court will decide a case that arises out of the Telephone Consumer Protection Act’s (TCPA) ban on the sending of unsolicited faxes. On Friday, October 3, 2024, the Court said it would hear arguments about whether to reopen a class action lawsuit filed by a group of chiropractors, McLaughlin Chiropractic Associates, against medical tech company McKesson Corp.

Alert

Separate Actions Against a Residential Tenant in Different Courts Could Constitute Abusive Collection Practices Under the FDCPA

October 9, 2024

On September 30, 2024, the District Court for the Eastern District of New York denied dismissal of plaintiff-tenant’s claim against her landlord’s counsel for abusive collection practices in violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692f, finding that the commencement of more than one suit against the same consumer in different courts could potentially violate the FDCPA prohibition on abusive acts or practices.

Alert

Litigation Byte (September Edition)

September 26, 2024

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

Alert

Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable

September 20, 2024

The district court for the Northern District of California recently denied a defendant's motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Avia involved various statutory claims challenging an online gaming company’s representations regarding gameplay. In response, the gaming company moved to compel arbitration. The plaintiff argued, among other things, that the arbitration agreement, and specifically, the bellwether provision, were unconscionable.

Presentation

Inside the Cannabis Legal Maze

October 4, 2024

Of Counsel David Waxman (Cleveland) is joining a panel presentation, "Inside the Cannabis Legal Maze," at the Ohio Cannabis Health & Business Summit on October 4, 2024.

Presentation

Foreclosure Rights and Defenses

September 20, 2024

Member Stefanie Deka (Cleveland) will present an NBI CLE entitled "Foreclosure Rights and Defenses" on September 20, 2024.

Presentation

Rescheduling Impacts on Cannabis Banking

September 4, 2024

Member Aaron Kouhoupt (Cleveland) will join a panel presentation: "Rescheduling Impacts on Cannabis Banking," at the Payments Banking Compliance (PBC) Conference on September 4, 2024, in Washington, DC.

Alert

Litigation Byte (August Edition)

August 29, 2024

The Litigation Byte is the new name and format for McGlinchey's Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites readers have come to expect, with timely coverage of financial services decisions and cases that impact you and your business.

Alert

Illinois SB 86 Brings New Requirements for Student Loan Lenders and Servicers

August 28, 2024

On August 2, 2024, the Illinois governor signed SB 86 into law to amend the Illinois Know Before You Owe Private Education Loan Act and the Illinois Student Loan Servicing Rights Act. Establishing new requirements that will impact student loan lenders and student loan servicers operating in Illinois, SB 86 became effective immediately upon becoming law on August 2, 2024.

Alert

What Would Cannabis Rescheduling Mean for Lending and Payments Legality?

August 26, 2024

ement Agency’s proposal to reschedule cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA) has generated considerable buzz across business sectors, including for the banks and credit unions that see opportunity and challenges in transacting in the legal marijuana space. Legality varies by use and by state, while federal law limits how financial institutions can operate.

Alert

Ohio Supreme Court Holds that Defamation Claim is Subject to Discovery Rule

August 26, 2024

In a hotly contested decision, a plurality of the Ohio Supreme Court held for the first time that a claim for defamation is subject to the discovery rule, greatly expanding the potential for businesses and individuals to find themselves subject to a defamation lawsuit in the Buckeye state.

Alert

Credit, Tips, Obligation to Pay: CFPB Proposed Interpretive Rule Seeks to Clarify Earned Wage Access and Regulation Z

August 26, 2024

On July 18, 2024, the Consumer Financial Protection Bureau (CFPB) issued notice of a proposed interpretive rule (Rule) that walks back a prior 2020 Advisory Opinion on the manner in which Regulation Z defines “credit.” The Rule also declares certain types of optional consumer payments to be “incident to or a condition of the extension of credit” such that the fee is a finance charge for purposes of Regulation Z.

Alert

FCRA Action Dismissed for Lack of Standing and Failure to State a Claim

August 22, 2024

In July 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against Experian Information Services LLC (Experian), TransUnion LLC (TransUnion), and Equifax Information Solutions, Inc. (Equifax) (collectively, Credit Reporting Agencies) for alleged violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.

Alert

The Court Sua Sponte Retroactively Applies FAPA to Dismiss Foreclosure

August 21, 2024

On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department reversed the trial court’s denial of borrowers’ motion to dismiss a foreclosure action filed prior to the enactment of the Foreclosure Abuse Prevention Act (FAPA) because under the new “savings statute” for foreclosure actions under FAPA, plaintiff was precluded from recommencement since the first foreclosure was dismissed as abandoned under CPLR § 3215(c).

Alert

Vexatious Litigant Laws Clarified by Texas Supreme Court

August 15, 2024

The recent decision in Serafine v. Crump by the Supreme Court of Texas primarily revolves around the interpretation of what constitutes "litigation" under Texas law, particularly in the context of determining whether someone is a "vexatious litigant." This case settled a growing inconsistency within some courts of appeals. 

Alert

Under FAPA: Dismissal of Prior Foreclosure for Lack of Standing Does Not Estop Lender

August 9, 2024

On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department affirmed the dismissal of a quiet title action, which sought to discharge a mortgage as time-barred under the Foreclosure Abuse Prevention Act (FAPA), because the prior foreclosure was dismissed upon the court’s finding that plaintiff lacked standing.

Alert

CFPB Proposes New Rules Aimed at “Streamlining” Mortgage Servicing

August 7, 2024

On July 10, 2024, the Consumer Financial Protection Bureau proposed a rule it says will streamline mortgage servicing and the loss mitigation process. If enacted, the proposed rule would significantly revise the Real Estate Settlement Procedures Act (RESPA), including regulations related to loss mitigation procedures and reviews, early intervention procedures, and errors in servicing mortgage loans.

Alert

It’s Opening Day for Ohio Adult-Use Marijuana – Play Bud!

August 6, 2024

Today is another red-letter date for Ohio. The Ohio Division of Commerce’s Division of Cannabis Control (DCC) has issued 98 Certificates of Operation (COOs) to dispensaries across the state, allowing them to sell adult-use marijuana at their existing medical marijuana locations (i.e., a “dual-use” license). The issued COOs represent nearly 75% of the provisional licensesMore

News Release

Financial Services Litigator Hannah Kunc joins McGlinchey in Cleveland

August 2, 2024

Litigator Hannah Kunc has joined the firm as an associate in its Cleveland office. Hannah practices financial services and commercial litigation in the mortgage, auto finance, consumer protection, and data privacy contexts at the state and federal level. Her clients include mortgage and loan servicers, banks, auto and manufactured housing lenders, and real estate entities.

Alert

Litigation Byte (July Edition)

August 2, 2024

The Litigation Byte is the new name and format for McGlinchey's Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites readers have come to expect, with timely coverage of financial services decisions and cases that impact you and your business.

Presentation

AARMR Industry Panel

August 8, 2024

Member Robert Savoie (Cleveland) will join the “Industry Panel” at the American Association of Residential Mortgage Regulators (AARMR) Annual Regulatory Conference & Training in New Orleans, Louisiana, on August 8, 2024.

Alert

U.S. Court of Appeals Reverses EPA Decision on Small Refinery Biofuel Exemptions

July 29, 2024

On Friday, July 26, 2024, a federal appeals court overturned the Biden administration's decision to reverse small-refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of Columbia Circuit kept its opinion on the case confidential for seven days but issued a two-page judgment that seems to favor refining companies. The exact number of exemptions impacted remains uncertain.

Alert

Ohio Appeals Court Finds Credence to “Show Me the Note” Theory in Foreclosure

July 23, 2024

On June 21, 2024, the Ohio Second Appellate District reversed a trial court decision granting plaintiff summary judgment in a residential foreclosure action, finding that a competing lienholder’s discovery request for production of an original copy of the promissory note should have been made available for inspection prior to filing a dispositive motion.

In the Media

Chevron Doctrine Overruled – What’s Next?

July 23, 2024

Of Counsel Michael Blumenthal (Cleveland) was interviewed by 3E in an article published on July 23, 2024, about the overturning of the Chevron Doctrine and its potential impacts. Michael discusses long-term impacts, the increase of judicial scrutiny, legal and regulatory challenges, and impacts on the rulemaking and legislative process, and what the future may hold.

Alert

The PFAS Matrix: Potential Risks, Corrective Actions, and Regulatory Compliance

July 3, 2024

Per- and polyfluoroalkyl substances (PFAS), often dubbed "forever chemicals," are increasingly scrutinized for their environmental persistence and health risks. Businesses that manufacture, use, or dispose of PFAS face a growing web of regulations and potential liability for contamination. This PFAS guide explores strategies for clients to proactively assess and address PFAS concerns, aiming for both regulatory compliance and minimized legal exposure.

News Release

McGlinchey Ranked for Legal Diversity by Vault, American Lawyer

July 2, 2024

McGlinchey was named among many AmLaw 100 and 200 firms among Vault’s 2025 rankings for Diversity in Law Firms, based on input from the firm’s Associates. McGlinchey also ranked in two categories in The American Lawyer’s 2024 Diversity Scorecards: Women in Law and the LGBTQ+ Scorecard.

Alert

Colorado DIDMCA Opt-Out Litigation: District Court Enjoins the Colorado Attorney General and Administrator of the Colorado Uniform Consumer Credit Code

June 28, 2024

On June 18, 2024, in NAIB, et al v. Weiser, et al., the District Court for the District of Colorado granted the motion for preliminary injunction filed by plaintiffs, the National Association of Industrial Bankers (NAIB), American Financial Services Association (AFSA), and American Fintech Council (AFC) against the Colorado Attorney General and Administrator of the Colorado Uniform Consumer Credit Code.

Alert

Litigation Byte (June Edition)

June 27, 2024

The Litigation Byte is the new name and format for McGlinchey's Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites readers have come to expect, with timely coverage of financial services decisions and cases that impact you and your business.

Alert

New York Northern District Court Reminds That Only a “Called Party” May Bring a TCPA Claim

June 27, 2024

On June 10, 2024, the United States District Court for the Northern District of New York reiterated that a claim for violation of the Telephone Consumer Protection Act (TCPA) cannot be maintained by a consumer who is neither a subscriber of the called telephone number that is billed for the call nor a non-subscriber customary user of the called telephone number which is included in a family or business cellular plan.

Alert

New York’s Interest-On-Escrow Law May Not Be Preempted by the National Bank Act

June 27, 2024

On May 30, 2024, the Supreme Court reversed the Second Circuit and found that the National Bank Act (NBA) does not preempt New York General Obligation Law § 5–601, which mandates banks to pay borrowers the interest accumulated on a balance held in an escrow account for residential mortgages on certain types of properties.

Alert

FCRA Claims Against Credit Reporting Agencies: NY Court Emphasizes Minimal Pleading Requirements

June 25, 2024

On June 6, 2024, the United States District Court for the Eastern District of New York dismissed claims for violations of the Fair Credit Reporting Act (FCRA) against a credit reporting agency where plaintiff “has not adequately pleaded an inaccuracy because she fails to specify what information in her credit report was incorrect and why” and has not alleged facts regarding the credit reporting agency’s procedures to ensure the accuracy of its reports or to investigate disputed information

News Release

Edelman, Lipinski, Savoie, and Seewald Recognized as Thomson Reuters Stand-Out Lawyers

June 20, 2024

McGlinchey Stafford is pleased to announce that Members Mark S. Edelman (Cleveland), Kelly Lipinski (Cleveland), Robert W. Savoie (Cleveland), and Jeffrey R. Seewald (Irvine) have been named as Thomson Reuters Stand-out Lawyers for 2024. Stand-out lawyers are recognized for their ability to improve client satisfaction, increase client advocacy, grow share of wallet, strengthen their firm’s brand, enhance people engagement, and increase profits per partner.

Alert

TILA Disclosure Requirements Limited by New York District Court

June 18, 2024

On June 5, 2024, the United States District Court for the Southern District of New York issued a decision adopting in its entirety the May 13, 2024 Report and Recommendation regarding the Truth in Lending Act (TILA). The court held that under TILA, a creditor in an open-end consumer credit plan has no obligation to notify or disclose to consumers information that the creditor has or intends to verify with the Internal Revenue Service (IRS) regarding the consumer’s taxes or income in the course of servicing the consumer’s debt.

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