We represent payments companies and other fintech companies in formation, licensing and regulatory issues, contract drafting and review, and M&A, joint venture, and capital raising transactions. Our experience representing a broad cross-section of parties informs extensive knowledge of all transaction perspectives, positioning us to assist clients in completing transactions efficiently and practically.
We regularly provide compliance advice, develop compliance strategies, formulate compliance management programs and written policies, and compliance audits for payments and other industries for compliance with federal and state consumer protection laws.
We help financial technology companies focus on intellectual property development, protection, and risk avoidance. We routinely advise boards and management regarding policies and procedures, patent prosecution and protection, trademark protection, brand management, trade secret protection and related security practices, employment agreements, competitive intelligence, and third-party intellectual property risk avoidance.
We provide litigation and regulatory advice to financial technology companies. We represent clients in matters involving government regulators, industry regulators, and private litigants, vigorously representing client interests with a balance of practicality and assertiveness.
Businesses accepting payments by ACH and payment cards in the consumer and B2B context face a nuanced set of legal, regulatory, and industry requirements. We advise clients on:
- Record retention requirements.
- Applicable laws, rules, regulations, and contractual obligations around electronic payments, including Reg E, Nacha rules, and payment card rules.
- ACH and payment card payments via internet and phone, including authorization, authentication, and security issues.
- Outsourcing payment processing while remaining compliant with security obligations.
- Reviewing and negotiating vendor agreements and third-party payment processor agreements.
- Advising merchants on Payment Card Industry Data Security Standards (PCI DSS) compliance obligations, including third-party vendor contracting and vendor management.
- Security breaches involving payment cards, including coordinating forensic investigations.
