Fintech

Advising clients on corporate structures, governance matters, capital markets and financing, transactions, mergers and acquisitions, and the myriad commercial issues that impact fintech companies. Representing financial and strategic investors, sponsors and fintech companies in fintech acquisitions, divestitures, joint ventures, and exit strategies. Providing due diligence and regulatory risk assessment to investors and emerging fintech companies. Representing issuers, underwriters, and financial intermediaries in initial public offerings (IPOs), follow-on, and private offerings. Assisting with secured loans and negotiating joint venture agreements.

Advising on licensing and outsourced services agreements, counseling on and negotiating acquiring contracts, payment processing, fintech product distribution and program management agreements, preparing and negotiating agreements for payment products including mobile wallets, payment processing and others.

Supporting the payment services industry representing financial institutions, payment processors, payment facilitators, point-of-sale (POS) technologies, electronic money issuers, marketplace operators, cryptocurrency issuers, sellers and exchangers, retailers, e-commerce companies, online betting and gaming providers, e-sports companies, telecom companies, technical service providers, payroll processors and mobile network operators in all aspects of their operations including advising on regulatory and compliance issues throughout a product’s life cycle. Advising fintech companies on the operation of traditional and innovative payment methods, including prepaid products (cards and digital/e-wallet payment models), credit cards, debit cards, mobile and online payment products, and alternative payment solutions. Read more about our Payments capabilities.

Representing marketplace lenders, structuring agents, and initial purchasers in funding marketplace loans. Helping market leaders and innovators in the fintech, mobile, e-commerce, and SaaS sectors execute transactions related to the development, acquisition, licensing, sourcing, and integration of complex technologies, systems, and software.

Providing legal guidance on a wide array of matters such as token structuring and issuing, fund formation, investment strategies, financial regulation, registration, issuance and sale of non-fungible tokens (NFTs), stablecoins and asset-backed digital assets, infrastructure applications, technology licensing and development, mining, securities compliance, cryptocurrency exchanges and trading, and blockchain-as-a-service.

Providing legal guidance to fintech companies on federal and state approvals and licenses needed to offer various consumer and commercial credit products and services, including but not limited to brokers, lenders, servicers/collectors, and third-party fulfillment companies. Advising on credit “alternatives” (such as “buy now, pay later” products) and the use of bank or other partnership models. Advising on substantive regulatory compliance matters related to such products, including but not limited to reviewing customer-facing materials for compliance and drafting policies required to engage in business. Performing state surveys covering licensing and regulatory compliance obligations to engage in regulated business activities. Assisting clients through regulatory examinations and investigations, including mock examinations and audits and regulatory enforcement actions by federal and state regulators.

Offering strategic guidance to resolve complex privacy and cybersecurity challenges at the intersection of law, security, policy, technology, innovation, and economics. Providing insights on the requirements for the fintech industry in relation to data privacy and data breach regulations, including U.S. state and federal laws and the EU’s General Data Protection Regulation (GDPR).

Developing IP strategies to protect client fintech innovations. Negotiating and structuring platform, license, development, and strategic partnership agreements to optimize IP and data rights. Reviewing open-source utilization in client solutions to ensure compliance and mitigate open-source risks. Handle IP licensing and intellectual property laws enforcement.

Providing legal advice on securities laws and regulations. Assist with the structuring of investment deals and documentation, including term sheets, subscription agreements, and offering memoranda. Conducting due diligence on potential investment risks and providing guidance on the tax implications of investment and crowdfunding activities including cross-border transactions.

Advising both regulated and non-regulated clients on various non-routine compliance matters, structuring issues, and regulatory considerations regarding national and cross-border trading activities. Interfacing with regulators and addressing unique issues, from seeking no-action relief or interpretive guidance to responding efficiently and effectively on behalf of clients regarding requests from regulators or exchanges. Providing counsel on related matters involving promotional materials, registration requirements, and exemptions. Negotiating all forms of cleared and over-the-counter derivatives, such as ISDA, EMTA, and EEI, with global institutions and end-users.

Representing fintech companies in virtually all aspects of litigation, including complex criminal and civil litigation, class actions, regulatory matters, and investigations, as well as IP infringement and contractual disagreements.