Fintech & Payments
Guiding the future of finance.
Technological innovations are revolutionizing payments and financial services. As part of our clients’ global payment strategies, we collaborate with visionary companies to bring their products to market and guide them through the intricate legal and regulatory environment of fintech.
Our Fintech & Payments practice provides a comprehensive suite of legal services across the payments landscape, including strategic counsel, regulatory compliance, product innovation, and partnership advice.
We have a track record of assisting clients in broadening their e-commerce capabilities, moving through a maze of laws and regulations, and optimizing their payment systems to work across borders and customer sectors. We also advise on platform expansion, product lifecycle management, relationships with third-party providers, and vendor management. We help to ensure strong measures are in place for financial privacy, protection against fraud, and secure systems for accepting payments. Our team includes former government officials and individuals from the fintech and payments industries who provide informed perspectives and solutions across disciplines to help you align your business needs and goals with legal requirements. Moreover, our capabilities include regulatory enforcement and litigation defense services, safeguarding our clients' interests in the payments and fintech sectors.
We are privileged to serve a broad spectrum of clients who are leaders in financial and product innovation. We provide guidance to financial institutions, fintech companies, e-commerce platforms, and technology providers on a diverse range of advanced technologies, including payment processing systems, digital and mobile payments, cryptocurrencies and blockchain, and e-commerce payment solutions. Our counsel extends equally to regulatory compliance technologies, fintech innovations, and security and authentication technologies. We also advise on cross-border payment solutions, open banking and application programming interfaces (APIs), and the fields of artificial intelligence and machine learning. Staying abreast of industry trends and regulatory shifts, we offer strategic legal advice to help our clients effectively navigate the complexities of the payments landscape, thus fostering compliance, risk management, and growth in this dynamic sector.
We frequently represent
- Payment processors.
- Payments technology.
- Service providers.
- Program managers and card issuers.
- Banking-as-a-Service (BaaS) companies.
- Cloud and AI providers.
- Point-of-Sale payment solutions.
- E-commerce platforms.
- Merchants and retailers.
- Marketplaces.
- Gaming companies.
- Digital wallet providers.
- Cryptocurrency and blockchain companies.
- Travel, lodging, and experience companies.
- Financial institutions.
- Technology companies.
- Startups.
- Payments strategy and product counseling.
- Payments regulatory and compliance counseling.
- Payments product and service innovation.
- Payments and fintech partnerships.
- Embedded finance and payments acceptance.
- Money movement and money transfers.
Capabilities/Areas of Focus
Payments Strategy & Product Counseling
Our team of lawyers crafts payment strategies optimized for the global market. We prioritize regulatory compliance and the development of cost-effective, globally functional payment infrastructures for businesses. We guide our clients through the complex processes of market entry, local and cross-border regulation adherence, and the design of payment flows for strategic growth.
Our services include negotiating agreements with regional processors, acquirers, and payment method providers, offering comprehensive legal solutions that address the entire product lifecycle with a focus on launch strategies and sustained growth. Additionally, we provide counsel on establishing fintech partnerships and collaborations, aiding in the creation and management of relationships that safeguard your business.
Payments Regulatory & Compliance Counseling
Our legal team remains at the forefront of the ever-evolving laws and regulations pertaining to payments, providing you with comprehensive support for your most critical regulatory concerns and operational challenges.
We interpret and help implement compliance frameworks for card networks and National Automated Clearing House Association (NACHA) rules, enhancing your operations and user experience. We assist in establishing and implementing standards to protect against fraud, maintain financial integrity, and comply with anti-money laundering laws, the Bank Secrecy Act, and Office of Foreign Assets Control regulations. Additionally, we help develop robust privacy policies, protect financial data, and ensure compliance with General Data Protection Regulation, California Consumer Privacy Act, and other data protection laws.
Embedded Finance & Payments Acceptance
We are frequently asked to assist our clients in establishing payment acceptance systems that are both efficient and secure, which are critical to their businesses. This may involve setting up a new company with a payment processor or payment facilitator, helping an entity accept and process payments, or integrating global payment strategies. We advise on the implementation of secure and compliant authorization processes to ensure that payment transactions are legitimate. Additionally, we provide counsel on authentication measures to prevent fraud and unauthorized access, improve authorization rates, and reduce chargebacks.
The choice of a payment processing partner is crucial. We are available to assist in negotiating these relationships to protect a company’s financial health, advance its commerce strategy, and enable an expanded set of payment options. We also work with our clients to build strategic advantages by advising on the integration of payments, banking products, and credit services into platforms and applications, creating a seamless and user-friendly customer experience. Furthermore, we have extensive experience in commercial and consumer financing, offering a comprehensive approach to the financial aspects of payment systems.
Money Movement
We guide our clients through the complex field of money transmission regulations and licensing requirements, offering counsel on remittance laws and the facilitation of cross-border payments. Our knowledge covers a wide range of transactions, including business-to-business (B2B) and person-to-person (P2P) payments, in-app payments, digital wallets, bill payment solutions, and payroll processing systems.
Payments Product & Service Innovation
Our advice in payments product and service innovation is designed to enhance the value and loyalty associated with your brand. We have a proven track record of supporting merchants of all sizes in developing reward programs, integrating new payment solutions (such as buy now, pay later; digital wallets; and international payment methods), and launching successful co-branded/private label cards, prepaid cards, and gift cards.
Our services include guidance on regulatory landscapes, negotiations with financial partners, and product consultation to drive adoption in a compliant manner. Additionally, we have advised on prominent in-game currency and rewards programs. Our fintech and payments counseling services also extend to consumer and commercial credit products.
Mergers & Acquisitions, Venture Finance & Corporate Structure
We offer a comprehensive range of legal services tailored to meet the needs of fintech and payments clients in the areas of mergers and acquisitions (M&A), venture financing, and corporate structure. Our M&A practice provides extensive support, including due diligence, regulatory approvals, integration planning, and practical valuation to ensure efficient and successful transactions. In venture financing, we collaborate with clients on funding strategies, investor relations, equity incentive arrangements, and long-term exit planning, enabling them to grow and innovate.
For corporate structure, our experienced lawyers offer guidance on entity formation, corporate governance, strategic relationships, intellectual property protection, and compliance. Our team combines industry insight with legal experience to help fintech and payments companies achieve their strategic goals, manage risk, and excel in a competitive and evolving environment.
Regulatory Enforcement & Litigation
Our extensive experience in this sector ensures that our clients receive exceptional counsel and support across a wide range of regulatory regimes. We possess deep knowledge of anti-money laundering compliance, enabling us to effectively represent clients before the Financial Crimes Enforcement Network (FinCEN). We proactively address consumer protection issues to minimize exposure to Consumer Financial Protection Bureau oversight. Our team navigates compliance with various data privacy mandates, including the General Data Protection Regulation and the California Consumer Privacy Act.
We ensure that our clients comply with the Payment Card Industry Data Security Standard, licensing requirements, and anti-bribery statutes, such as the Foreign Corrupt Practices Act. Additionally, we defend clients against class-action claims, intellectual property disputes, contract disputes, employment litigation, and state and federal securities and commodities litigation. We represent our clients in investigations by the U.S. Securities and Exchange Commission, Commodity Futures Trading Commission, and state attorneys general.
As new challenges arise from the deployment of artificial intelligence and machine learning, as well as the adoption of regulatory technology solutions, we are at the forefront, representing clients in related class actions, multidistrict litigation, and regulatory investigations.