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REPRESENTATIVE EXPERIENCE

David E. Fialkow

Obtained summary judgment for special servicer and CMBS trust against allegations of breach of loan documents for loan secured by commercial property.
Obtained full affirmance by Rhode Island Supreme Court on behalf of national bank servicer in challenges to contractual default notices.
Successfully resolved lender liability servicing claims against special servicer and CMBS trust related to commercial property in SoHo neighborhood of New York City.
Favorably resolved RESPA kick-back class action against national bank through court-approved settlement.
Favorably resolved nation-wide RESPA kick-back class action against national bank through court-approved settlement.
Successfully defended national bank against fair lending lender liability claims in arbitration related to claims brought by non-profit organization based upon agreement for provision of loans to certain communities.
Represented student loan service provider in dispute with lender related to provision of student loan origination documents and forms.
Advised student loan service provider with respect to federal preemption of certain state laws.
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