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Allison J. Schoenthal
Partner, New York
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allison.schoenthal@hoganlovells.com

Allison Schoenthal is co-head of Hogan Lovells' Mortgage and Lender Liability Group.

Allison has handled more than 1,000 cases during her career, focusing on lender liability matters, complex contractual disputes, and e-discovery.

Allison has over a decade of experience representing trusts, lenders, and loan servicers. Allison's understanding of the financial services industry and her wealth of experience handling contract and consumer finance matters has resulted in a favorable track record for clients in the lending industry. Allison and her team have obtained important rulings for financial institutions, including setting legal precedent shielding lenders from claims of negligence, determining the standard for standing in foreclosure actions, and establishing case law upholding the MERS® System.

As the scrutiny on financial institutions increases, Allison is on the front lines successfully defending clients against suits by consumers — individually or as part of a mass or class action — and enforcement actions by government agencies.

Allison represents clients in complex business disputes, involving all types of business torts and contract claims. Allison has represented clients in a range of contract matters, from breach of construction contracts to representing a celebrity chef for an alleged breach of a tour agreement.

With an extensive number of cases under her belt, Allison has immense knowledge of the procedures and practices of the New York state and federal courts and is an experienced and effective writer and advocate. She has written countless briefs, authored articles (see below), and handled numerous oral arguments and presentations (also below). Allison has been quoted in the New York Times, Newsday, Bloomberg BusinessWeek, Inside Mortgage Finance, and the New York Law Journal on consumer finance and mortgage foreclosure issues.

Allison worked closely with New York State justices to reform rules for e-discovery in the state. In 2009, Allison drafted rules and guidelines on e-discovery for New York State Court practitioners, which became effective that year and are published on the New York State Courts' website. Allison routinely advises clients on data preservation and collection issues, as well as e-discovery requirements under the Federal Rules of Civil Procedure and New York law. Allison is an avid speaker at professional education seminars on current issues regarding e-discovery.

Allison is also committed to pro bono service. Following her pro bono work for the American Jewish Committee (AJC), Allison accepted an award on behalf of the firm from AJC in 2010. In 2011, Allison earned selection to the board of AJC NY and a year later was elected Vice President, two roles she still holds today.

In 2011, Allison also earned an appointment to a three-year term on the New York City Bar Association's Committee on Professional Ethics which, among other things, issues ethics opinions and handles calls to the NYC Bar's ethics hotline. Allison lectures frequently on ethical issues for PLI, bar associations, the New York Courts, and clients.

Prior to joining the firm, Allison worked for Cristyne Lategano, Director of Communications for Mayor Rudolph W. Giuliani; Richard B. Cheney, Vice President of the United States and former Secretary of Defense; and Lynne Cheney, former Chair of the National Endowment for the Humanities.

REPRESENTATIVE LITIGATION EXPERIENCE

Mortgage and Lender Liability
  • Successfully represents the lending industry, including banks, loan servicers, and trusts, in all New York state and federal courts. 
  • Defended more than 500 litigations regarding real estate mortgage loans, including claims under the New York Deceptive Practices Act (DPA), Truth in Lending Act (TILA), the Fair Debt Collection Practices Act (FDCPA), Home Owners Equity Protection Act (HOEPA) and Real Estate Settlement Procedures Act (RESPA), as well as allegations of fraud, negligence, and predatory lending.
  • Represents clients in bankruptcy adversary actions and appeals.
  • Represents servicer and mortgage lender in enforcement action by New York Attorney General.
  • Represents lenders and loan servicers in over a dozen mass and class actions by borrowers claiming entitlement to loan modification or improper denial of loan modification.
  • Represents lenders and servicers in quiet title actions.
  • Counsels and defends clients in actions involving mortgage, student, equipment and auto loans.

Commercial Litigation
  • Represented a celebrity chef in a suit for the alleged breach of a tour agreement.
  • Represented owner in a multimillion-dollar real estate and construction dispute between contractors, building owners, and investors.
  • Successfully defended, through appeal, precedent-setting class actions concerning validity of automatic renewal provisions and late fees in lease agreements.


RECENT PRESENTATIONS
22 October 2014
"Bridge-the-Gap," CLE Program, New York State Courts' Access to Justice

11 April 2014
"Bridge-the-Gap," CLE Program, New York State Courts' Access to Justice

3 April 2014
"E-Discovery Update 2014," CLE Program, Pace Law School

28 January 2014
"Show Me the Money: Can We Close the Gender Equity Gap?" New York State Bar Association Committee on Women in the Law Symposium

21 October 2013
"Bridge-the-Gap," CLE Program, New York State Courts' Access to Justice

24 April 2013
"One Day Educational Seminar: Ethics Jeopardy CLE," Court Attorneys Association of the City of New York

10 April 2013
"Bridge-the-Gap," CLE Program, New York State Courts' Access to Justice

18 October 2012
"Bridge-the-Gap," CLE Program, New York State Courts' Access to Justice

25 July 2012
"Ethics for Discovery 2012," Practising Law Institute

26 March 2012
"
Bridge-the-Gap," CLE Program, New York State Courts' Access to Justice

18 January 2012
"When Do I Need Ethical Advice & How Do I Get It?," New York City Bar

24 October 2011
"Bridge-the-Gap," Ethics CLE Program, New York State Civil Courts

12 May 2011
"Common Ethical Issues in Pro Bono Representation," New York City Bar

1 April 2011
"The Ethics Game Show: E-Discovery Edition 2011," Practising Law Institute

21 October 2010
"eDiscovery: Inside the Investigation," Women in E-Discovery

Hogan Lovells Publications
01 June 2006 "Spring 2006 Edition." Media Law Update, Hogan & Hartson LLP

01 September 2005 "Fall 2005 Edition." Media Law Update, Hogan & Hartson LLP

Published Works
17 April 2014 "Banks and Appraisers Not Liable for Faulty Home Appraisals." New York Law Journal

06 December 2012 "Schoenthal: Foreclosures bogged down in red tape." Newsday

02 May 2012 "The Note Is All a Lender Needs to Foreclose." American Banker, Investcorp

November 2010 "The Ethics of Ghost Lawyering." New York Professional Responsibility Report

19 February 2010 "Limiting Mortgage Lender Liability: No Reason for Open Season Against Banks for Negligence." New York Bankers Association

Winter 2009 "New Rules for Electronic Discovery in New York Courts: What You Must Know Before Appearing at Preliminary Conference." NY Litigator, Vol. 14, No. 2, New York State Bar Association

PRACTICES
Litigation and Arbitration
Financial Institutions Group
Real Estate
Electronic Discovery and Information Risk Management
Intellectual Property
Employment
Class Actions
Commercial Litigation
Financial Services Litigation
Alternative Dispute Resolution
Israel
INDUSTRY SECTORS
Real Estate
Financial Institutions
Consumer
AREAS OF FOCUS
  • Electronic Discovery
  • Mortgage Lending
EDUCATION
J.D., Fordham University School of Law, 2000 B.A., University of Virginia, 1997
MEMBERSHIPS
  • Member, New York City Bar Association’s Committee on Professional Ethics, 2011-2013
  • Member, Commercial and Federal Litigation Section, New York State Bar Association
  • Member, The Association of the Bar of the City of New York
  • Member, Internet and Intellectual Property Committee, New York State Bar Association 
  • Member, New York Women's Bar Association
  • Member, Federal Bar Council
  • Member, New York Intellectual Property Law Association
AWARDS / RANKINGS
  • New York Super Lawyers, Business Litigation, 2011-2014 
BAR ADMISSIONS / QUALIFICATIONS New York
COURT ADMISSIONS U.S. Supreme Court U.S. District Court, Eastern District of New York U.S. District Court, Northern District of New York U.S. District Court, Southern District of New York U.S. District Court, Western District of New York U.S. District Court, Western District of Wisconsin