For more than a decade, Nicole Schiavo has been at the forefront of defending financial institutions in federal, state, and bankruptcy courts. Nicole understands the intense scrutiny and climate that lenders and loan servicers face. She uses her significant experience to guide clients and meet their goals, whether it is resolving a matter through loss mitigation, settling a complex action with a fact tailored settlement, or winning at trial and on appeal.

Overview

Nicole represents financial institutions and other large companies in complex litigation, investigations, and regulatory matters. Nicole has defended Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and Federal Debt Collection Practices Act (FDCPA) claims in federal court and New York State Courts. She has also represented creditors in contested matters and adversary proceedings in various bankruptcy courts, including a hedge fund in successful derivatives litigation against Lehman Brothers Special Financing in the Bankruptcy Court for the Southern District of New York.

In addition to her case-specific work, Nicole is a trusted advisor to clients, providing compliance and risk management advice on the ever-changing state and federal regulations governing the financial industry. Nicole has been the point person on portfolio reviews to identify and analyze trends and issues, and create and implement programs and procedures for effectively managing and resolving widespread litigation, and manage litigation risk.

Outside of her financial services-related practice, Nicole is committed to pro bono work relating to civil rights and gender-based violence. Nicole received a 2016 "Above and Beyond" award from Sanctuary for Families for her work on a second-circuit appeal that created precedent by overturning a fee award to an abusive spouse in an international child custody dispute. She has also drafted amicus briefs in various cases across the country in support of gay marriage, and represents death row prisoners in federal lawsuits challenging the constitutionality of their solitary confinement conditions.

Representative Experience

  • Co-lead team of attorneys assisting an international financial company develop response to MRAs from OCC, FRB, and CFPB relating to risk management
  • Researched, developed, and drafted collection practice procedures and standard communication templates for a large insurance company seeking return of overpayments nationwide

Notable

Notable

Nicole is committed to pro bono work relating to civil rights and gender-based violence.

  • Nicole received a 2016 "Above and Beyond" award from Sanctuary for Families for her work on a U.S. Court of Appeals for the Second Circuit appeal that created precedent by overturning a fee award to an abusive spouse in an international child custody dispute.

Nicole represents death row prisoners in federal lawsuits challenging the constitutionality of their solitary confinement conditions.

News

Blogs and Resources

Alerts

Blog Posts

Education

J.D., Touro College Jacob D. Fuchsberg Law Center, 2006

B.A., University of Maryland, 2004

Admissions

  • North Carolina, 2020
  • 5th Circuit Court of Appeals, 2016
  • Northern District of New York, 2016
  • Southern District of New York, 2009
  • Eastern District of New York, 2009
  • Western District of New York, 2009
  • Connecticut, 2008
  • New York, 2007
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