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Dennis M. Cariello

Dennis Cariello sm

Practice Areas

Education
Government & Regulatory Affairs
Labor & Employment
Corporate, Business & Commercial
Nonprofit Organizations
Litigation

Shareholder
T: 212-422-4909
F: 312-946-9818
M: 646-415-4471
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Dennis Cariello is a Shareholder at Hogan Marren Babbo & Rose, Ltd. and the co-chairman of the firm’s education practice. With more than 15 years of experience, and having served at the U.S. Department of Education as Deputy General Counsel for Postsecondary Education and Regulatory Services and Deputy Assistant Secretary for Enforcement in the Office for Civil Rights, Mr. Cariello has a diverse national law practice that allows him to provide a wide range of services to colleges and universities, student lenders, education investors, and education technology and service providers on Education Law and Policy, Corporate Transactions, Government & Regulatory Affairs, Title IX & Civil Rights, Privacy Law and Litigation. Mr. Cariello is also currently serving as a negotiator on the U.S. Department of Education's Negotiated Rulemaking Panel on "borrower defense to repayment".

More about Dennis Cariello

Mr. Cariello has represented parties on numerous ground-breaking approaches in higher education. Representative matters include:

  • Utilizing, for the first time, a state foreclosure process as a pathway for restructuring a Title IV eligible school without the benefit of bankruptcy;
  • Assisting nonprofit, graduate level institutions restructure themselves through mergers with other nonprofit institutions;
  • Advising for-profit colleges on the process and politics of converting to nonprofit status;
  • Handling False Claims Act and civil litigation cases against education companies;
  • Helping address privacy data breaches at online institutions;
  • Conducting Title IX training at institutions of higher education, including a public university system;
  • Working with numerous institutions to resolve inquiries and respond to investigations from accreditors, state regulatory bodies, and various federal agencies and Congress;
  • Assessing the compliance of various institutional policies, procedures and marketing materials;
  • Assisting institutions with developing competency-based learning models;
  • Drafting legislation introduced by members of Congress;
  • Coordinating industry efforts at Department of Education negotiated rulemakings;
  • Advising an education services company on securitizing its receivables; and
  • Working with education technology companies on numerous regulatory matters, including compliance with the Americans with Disabilities Act and privacy law concerns.

Prior to joining Hogan Marren Babbo & Rose, Mr. Cariello was Chair of Regulatory Compliance for an Am Law 100 firm. From May 2008 to June 2009, Mr. Cariello served as Deputy General Counsel for Postsecondary Education and Regulatory Services for the U.S. Department of Education. In this position, he played a key role in the development, implementation and oversight of education compliance and reform initiatives, which included:

  • Serving as lead attorney and developer of the Department’s $150 billion Loan Purchase Programs.
  • Managing the drafting of the contract documents governing the participation interest program and loan sale program.
  • Serving as lead attorney and developer of the Department’s $40 billion Asset-Backed Commercial Paper Conduit Program.
  • Supervising the Department’s largest litigation unit, which covers administrative and civil matters related to postsecondary education.
  • Advising the Secretary and Senate-Confirmed appointees on regulatory enforcement of lenders, guarantee agencies, loan servicers and schools and matters related to postsecondary education.

Prior to serving as Deputy General Counsel for the U.S. Department of Education, Mr. Cariello was a Deputy Assistant Secretary for Enforcement for the U.S. Department of Education, Office for Civil Rights, where he managed twelve regional civil rights enforcement offices and oversaw enforcement of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act of 1990. He also served as Special Counsel to the General Counsel of the U.S. Department of Education, where he oversaw the Department’s response to Congressional oversight requests and assisted the Office of Legislative and Congressional Affairs in communicating with Congress. Prior to his government service, Mr. Cariello was a litigator in New York.

Professional Memberships/Activities

Mr. Cariello is a member of the National Association of College and University Attorneys and the Association of the Bar of the City of New York. 

Mr. Cariello was previously a board member of the Cahn Fellows Program for Distinguished NYC Principals.

Publications/Presentations

  • Presentation: Title IX and Claims of Sexual Harassment and Sexual Violence in Higher Education, Practicing Law Institute, Higher Education Law 2015: Current Issues and Recent Developments (Upcoming, May 205)
  • Presentation: Consumer Financial Services Institute: Student Lending, Practicing Law Institute (April 2015)
  • Department of Education Guidance Changes Rules on Third-Party Servicers, NACUA Notes (April 2015)
  • Revised: Title IX and Claims of Sexual Harassment and Sexual Violence in Higher Education, Practicing Law Institute, Higher Education Law 2015: Current Issues and Recent Developments (March 2015)
  • A Review of the Office for Civil Rights Recent Title IX Cases, with Rebecca Smoack, Practicing Law Institute, Higher Education Law 2015: Current Issues and Recent Developments (March 2015)
  • Discussion: Restructuring Concerns for Title IV Schools, Carl Marks Education Conference (March 2015)
  • Presentation: The Department of Education and Third-Party Servicers: An Evolving Landscape, National Council of Higher Education Resources Legal Conference (February 2015)
  • Presentation: ADA Compliance for Non-public, Title IV Institutions, PCCS Regional Conferences (2015)
  • Presentation: Converting a For-Profit School to a Nonprofit School, PCCS Regional Conferences (2015)
  • Presentation: Title IX and Claims of Sexual Harassment and Sexual Violence in Higher Education, Practicing Law Institute, Higher Education Law 2014: Current Issues and Recent Developments (May 2014)
  • Presentation: Program Review Preparation and Response, PCCSA Regional Conferences (2014)
  • Title IX and Claims of Sexual Harassment and Sexual Violence in Higher Education, Practicing Law Institute, Higher Education Law 2014: Current Issues and Recent Developments (February 2014)
  • Presentation: How to use Modern Marketing and Stay in Compliance: The Impact of the New TCPA Rules on Lead Generation and Customer Contact, Accrediting Council for Independent Colleges and Schools (November 2013)
  • Presentation: Breaking New Ground in Title IX Sexual Assault and Harassment Investigations and Resolutions? The University of Montana Case and Its Implications, National Association of College and University Attorneys (June 2013)
  • The New Age of Accreditation, Today’s Campus (June 2013)
  • Department of Education’s Office for Civil Rights Issues Controversial Guidance on Rights of Disabled Students to Participate in Extracurricular Activities, BNA Americans with Disabilities Act & United States Law Week (March 2013)
  • Presentation: Responding to a Program Review – What to do When There Are Findings!, Southern Association of Student Financial Aid Administrators (February 2013)
  • Presentation: The Impact of the New Cohort Default Rates Calculations on Community Colleges, Association of Community College Trustees (October 2012)
  • Presentation: Qui Tam & Consumer Litigation Update for Student Lenders and Schools, Education Finance Council and National Council of Higher Education Loan Programs, Legal Meeting (August 2012)
  • Cover Story: Regulations 2012: Where Are We and What to Look Forward To, Today’s Campus (August 2012).
  • Presentation and Paper: Program Integrity Rules: Misrepresentation, Incentive Compensation, Credit-Hours, State Authorization, Oh My!,  National Association of College and University Attorneys (June 2012)
  • Program Reviews: How to Prepare and What to Expect, (with Patricia Edelson), Beauty Link, (March 2012).
  • Guest Lecture: Federal Civil Rights Law in the Education Context, Education and the Law, SUNY New Paltz, (October 2011)
  • Webinar: The Implications of Gainful Employment, Today’s Campus (August 2011)
  • The Naughty List: Assessing Institutions with Compliance Challenges on the Basis of Default Rate Differential, Career College Central Magazine (March/April 2010)
  • Student Loan Bankruptcy Case Could Wreak Havoc for Loan Holders, Bloomberg Bankruptcy Law Report (November 17, 2009)

Admissions

New York (1999)
United States Supreme Court (2007)
Second Circuit Court of Appeals (2006)
Central District of Illinois (2006)
Eastern District of New York (2003)
Southern District of New York (2003

Education

Fordham University School of Law (J.D., 1999)

Stony Brook University (B.A., History (major), Political Science (minor), 1995)