Author: Dan Goldberger

Dan is a partner in the Trial Group in Dorsey's New York office. He represents clients in a diverse range of industries in matters relating to banking, entertainment, intellectual property, trade secret, non-compete, real estate and healthcare. Dan also has experience advising and litigating on behalf of clients involved in partnership and other business disputes.Dan is an adjunct professor of law at Cardozo Law School, where he teaches a course on legal writing, research and oral advocacy.Dan has performed extensive pro bono work throughout his career, including the representation of a community of Amish farmers involving constitutional claims against their town government

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Who is a Mortgage Broker? Just Ask the Fed.

The United States Court of Appeals for the Second Circuit recently affirmed a magistrate judge’s decision in the District Court for the Eastern District of New York to dismiss a complaint brought under TILA and HOEPA. The complaint sought rescission of two loans secured by a lien on a co-operative apartment on the grounds that certain required disclosures were not made by the lender. Adopting the Federal Reserve’s definition of “mortgage broker” the Second Circuit affirmed the district court’s finding that the appellant borrower failed to establish that the subject loans were procured by a mortgage broker.