Payment Law Advisor Legal Commentary and Resources for the Payment Industry

Meet the Payments Team

Burt Braverman

Burt BravermanBurt Braverman represents clients in all segments of the Communications, Media, and Financial Services industries. He has argued and tried cases in the Supreme Court and in federal and state courts across the country, as well as numerous federal, state and local administrative agencies; arbitrated and mediated cases; and served as an arbitrator. Click here to see all of Burt’s posts.

Fred Burnside

Fred BurnsideFred Burnside concentrates his practice in complex civil litigation, with particular emphasis on consumer class action defense, and he assists clients with issues related to the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA). He is co-chair of Davis Wright Tremaine’s class action defense group, and Co-Chair of the ABA’s Consumer Class Action section of litigation.

Michael Caughey

Michael CaugheyMichael Caughey’s practice focuses on business transactions within the payment systems and financial services industries. Michael represents a range of major credit card issuers in connection with program agreements relating to co-branded and private label credit cards, portfolio sale transactions, processing agreements, mobile wallet, and other technology endeavors. In addition, he has extensive experience with joint ventures, credit agreements, note financings, technology licenses, and commercial contracts.

 

 

Jeff Coopersmith

Jeff CoopersmithJeff Coopersmith is a veteran trial lawyer with an extensive practice focusing on civil and criminal matters, internal investigations for private and public entities, and complex commercial litigation. A former federal prosecutor, Jeff has substantial experience as lead counsel representing companies and individuals, both in the U.S. and abroad, in connection with investigations and criminal and civil enforcement proceedings in the banking and financial services sector and many other areas. Jeff’s internal investigation work has involved representation of Board committees, companies, municipalities, and corporate officers. Among other things, Jeff is currently representing a bank in connection with the Department of Justice’s “Operation Chokepoint” investigation concerning alleged failures to follow BSA and AML requirements, and he defended the former CFO of the largest mortgage lender in the country in connection with claims brought by the SEC and other federal agencies.

Claude Goetz

Claude GoetzClaude Goetz advises clients on business transactions, finance and commercial legal issues, and mergers and acquisitions. His clients are concerned principally with intellectual property and information technology, including payment products and systems. He counsels parties to credit card-related matters and represents buyers and sellers in all aspects of U.S. and multinational private asset and equity acquisitions, and assists licensors and licensees of intellectual property. In addition, Claude has extensive experience with early stage businesses, joint ventures, executive employment and severance, sales agency, governance, corporate counseling and commercial contracts.

Brian Hurh

Brian HurhBrian Hurh counsels clients on regulatory issues, with a particular focus on privacy and digital payment solutions, including debit solutions and prepaid access. As a former network and software applications programmer for a digital payment start-up company, Brian has extensive legal and technical knowledge of the payment services needs of clients that range from leading global technology and content providers and international financial services companies to start-up ventures involved with social and mobile media applications and services. He contributes to the firm’s PrivSec Blog, focusing on digital privacy and cybersecurity matters. Click here to see all of Brian’s posts.

 

Peter Johnson

Peter JohnsonPete Johnson assists clients with a wide range of domestic and international financial, commercial and technology transactions, including: strategic-vendor, distribution, manufacturing, software-licensing, and infrastructure acquisition agreements; private-label consumer and commercial credit programs; and secured and unsecured commercial lending transactions. Pete also has significant experience with the development and implementation of product distribution strategies and the creation and implementation of vendor finance programs. Pete’s focuses include the technology, telecommunications, and banking industries. Click here to see all of Pete’s posts.

Wendy Kearns

Wendy KearnsWendy Kearns represents a wide variety of technology clients, including software, software services, wireless, and financial services companies, in transactional and intellectual property matters.  She has extensive experience in transactions of all kinds involving software and hardware products and technology-related issues, and has represented both acquirers and sellers in mergers and acquisitions. Wendy has extensive experience in technology for retailing systems, payment systems, and electronic distribution.  Wendy also counsels on licensing, distribution, resale, procurement, marketing, and advertising matters.  Wendy has worked as a software developer, software product manager, and a business development manager, in addition to practicing law.

 

Jonathan Lloyd

Jonathan LloydJonathan Lloyd focuses his practice on complex civil litigation, financial services regulatory and litigation matters, and international arbitration.  Jonathan has extensive experience representing financial institutions in individual and class action litigation, including defending claims under the Truth in Lending Act, the Real Estate Settlement Procedures Act, various state consumer protection acts, and Regulation Z.  He has also counseled and represented financial institutions in connection with supervisory audits and enforcement actions by the Consumer Financial Protection Bureau and New York Stock Exchange, and has advised payment processors and money transmitters regarding various states’ money transmitter laws and interactions with state regulators. Click here to see all of Jonathan’s posts.

Lynn Loacker

Lynn LoackerLynn Loacker leads DWT’s FinTech practice which provides a full spectrum of legal services tailored to the financial technology industry.  Her practice focuses on business and finance transactions. She handles mergers and acquisitions, private equity investments and a variety of other structured investment transactions and joint venture arrangements. Her finance experience covers a range of key finance disciplines: acquisition financing, public debt offerings, asset-based lending and corporate credit transactions.

Kelly Logue

Kelly LogueKelly Logue focuses on credit card and other payment systems transactions. He represents financial institutions in the negotiation and documentation of private label, co-branded, and related types of agreements in a wide range of industry segments. Kelly also counsels financial institutions in the acquisition and sale of account portfolios and other financial assets.

Andrew Lorentz

Andrew LorentzAndrew Lorentz leads DWT’s Prepaid and Emerging Payments Practice. He is particularly knowledgeable regarding mobile and other electronic payment systems and is a frequent speaker at industry events. Mr. Lorentz also has extensive experience with a wide variety of other transactions and regulatory matters both in the United States and abroad, including the Electronic Fund Transfer Act, Regulation E, Truth-in-Lending, Regulation Z, the Fair Debt Collection Practices Act, the Federal Trade Commission Act, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, federal and state banking regulation, state money transmission and licensed lending laws, payment network rules, unclaimed property laws, the Bank Secrecy Act, FDIC insurance, and E-SIGN. Mr. Lorentz’s clients include major financial institutions, technology companies, and national retailers, which he counsels on financial regulation, billing and payment systems issues. Click here to see all of Andy’s posts.

James Mann

James MannJames Mann’s practice focuses on consumer payment devices, payment systems, and loyalty programs. Mr. Mann represents parties to agreements for the issuance of many types of consumer payment devices, notably prepaid cards as well as general purpose, private label and agent bank credit cards. He also advises on the design of online commerce platforms and represents parties to agreements regarding payment processing; the outsourcing of issuing and processing functions and the procurement of the related technology; the sale of issuing or processing businesses and the associated receivables; and network branding, pricing and marketing. In recent years, many such agreements have involved mobile payments, utilizing a variety of networks and technologies. Mr. Mann’s transactional practice remains centered on the United States, but in recent years has also embraced the Caribbean, Latin America, Europe and other foreign markets. Click here to see all of James’ posts.

 

Christin McMeley

Christin McMeleyChristin McMeley, CIPP-US, advises companies in various industries in privacy compliance, information governance, data security, public policy, and regulatory matters. Christin is the Co-Chair of DWT’s Privacy and Security practice and a former vice president, chief privacy officer, and deputy general counsel to Charter Communications, where she successfully implemented the company’s first privacy and data security program, including compliance with the Payment Card Industry Data Security Standards. Click here to see all of Christin’s posts.

Peter Mucklestone

Peter MucklestonePeter Mucklestone focuses on finance and commercial transactions, banking and regulatory matters. He develops consumer lending and leasing products, including credit cards, for banks and other financial services companies and retailers, and he drafts and negotiates commercial loan documentation. Peter advises clients on payment systems, gift cards, stored value cards and letters of credit. Click here to see all of Peter’s posts.

Andrew Owens

Andrew OwensAndrew Owens advises financial institutions and other firms on issues arising under federal and state banking and consumer protection laws, including the Truth in Lending Act, the Electronic Fund Transfer Act the Fair Credit Reporting Act, and the Equal Credit Opportunity Act. Additionally, he represents parties to cobranded, private-label and agent bank card agreements, as well as processing alliance agreements and customized merchant processing agreements; he also regularly advises retailers on terms and conditions on loyalty programs. Andrew is the Vice-chair of the Payments Subcommittee of the UCC Committee, Business Law Section, American Bar Association. Click here to see all of Andy’s posts.

Norm Page

Norm PageNorm Page focuses on domestic and international business transactions, including finance and commercial law. His experience includes software distribution and licensing, joint ventures and strategic alliances, with an emphasis on international markets. Norm works with Internet and e-commerce clients on commercial and financial matters, including credit programs with Internet payment companies. Click here to see all of Norm’s posts.

Joseph Rodriguez

Joe Rodriguez focuses his practice on consumer financial services, with an emphasis on fair lending, UDAAP, and other regulatory requirements; retail lending including mortgage, auto, and credit card products; and stored-value products such as physical and digital prepaid cards. Joe’s practice is further focused on guiding clients through supervisory examinations, agency enforcement investigations and trial court litigation. Joe has substantial experience handling matters involving the CFPB, DOJ, FTC, federal bank regulators, and state attorneys general, and formerly served as Regional Counsel for the Southeast Region at the CFPB, where he was instrumental in developing the agency’s supervision and enforcement capabilities. Click here to see all of Joe’s posts.

Bernard Russell

Bernard Russell maintains a banking, securities and corporate practice, and has significant experience in federal and state banking regulatory matters, mergers and acquisitions, bank securities offerings, bank consumer products, non-deposit investment products and commercial transactions. Click here to see all of Bernard’s posts.

Evan Shapiro

Evan ShapiroEvan Shapiro has extensive experience in establishing standard business offerings and structuring and negotiating complex IP licenses and commercial agreements for technology, media, entertainment, financial services and communications clients ranging from startups and emerging companies to national and global corporations. Click here to see all of Evan’s posts.

Scot Tucker

Scot TuckerScot Tucker focuses on credit card and other payment systems transactions, as well as commercial finance, bankruptcy and creditors’ rights. Scot represents card issuers in the negotiation and documentation of private label, co-branded, agent bank and affinity agreements in virtually all applicable industry segments, including retail, manufacturing, banking, health care, sports teams and travel, among others. He also counsels financial institutions in the acquisition and sale of account portfolios and other financial assets. In addition, Scot represents creditors and buyers/investors in Chapter 11 matters. Click here to see all of Scot’s posts.

Vincent Wang

Vincent WangVincent Wang brings a substantial legal background to the firm’s clients with business interests in China. He has extensive experience helping U.S. companies and other clients pursue, develop and maintain operations there. Vincent advises clients in a wide range of areas, including contracts, employment, intellectual property and Internet and e-commerce matters. Click here to see all of Vincent’s posts.

Becky Williams

Becky WilliamsBecky Williams is a nationally recognized authority on HIPAA and the HITECH Act and focuses much of her practice on privacy, security, and health care regulatory issues. She counsels clients, including financial services companies, on health care privacy and security compliance (e.g., HIPAA, the HITECH Act and their state counterparts). She regularly works on structuring and developing processes and documentation for the electronic sharing of health information, health information exchange and electronic health record “provisioning donation.”

Erica Wilson

Erica Wilson focuses her practice on patent litigation and strategic advice involving patents, trade secrets, and licensing. She practices nationwide and represents clients in matters involving complex technology in the computer software/hardware, computer networking and security, semiconductor, biometrics, biotechnology, consumer products, and financial industries. Erica counsels on IP portfolio management and strategy and the new America Invents Act procedures, and has significant experience in reexamination proceedings before the U.S. Patent and Trademark Office. Click here to see all of Erica’s posts.

Christopher Avery

Christopher AveryChristopher Avery  provides legal guidance on a broad range of privacy and data security matters. He advises clients on U.S. and international privacy laws and regulations pertaining to consumer privacy, data security, and cybersecurity. He also assists clients with understanding and complying with the Payment Card Industry Data Security Standard (PCI DSS).  Previously the director and senior counsel of privacy and regulatory at a Fortune 500 communications company, Christopher draws on nearly a decade of experience to serve the needs of clients both nationwide and abroad. Christopher holds the CIPP/US certification from the International Association of Privacy Professionals. Click here to see all of Christopher’s posts.

 

Allison May

Allison May concentrates her practice on payment systems and networks. She represents clients in the financial services industry in complex commercial transactions relating to co-branding and marketing agreements, loyalty programs, payment processing joint ventures, credit card portfolio acquisitions, and technology licenses and transfers.

Thomas Scanlon

Thomas ScanlonTom Scanlon focuses on advising financial institutions, technology companies, merchants, and investors on matters relating to financial products or services. Tom has significant  experience advising on transactions, counseling clients on adapting financial products or services in light of the regulatory landscape, and helping financial institutions to prepare for examinations—as well as guard against enforcement actions—by the federal bank regulatory agencies, including the Consumer Financial Protection Bureau.  His experience is strong on regulatory issues, including those arising under the Bank Holding Company Act, the Federal Deposit Insurance Act, the Electronic Fund Transfer Act and the Bureau’s Regulation E, the privacy rule (Regulation P) and data security program requirements under the Gramm-Leach-Bliley Act, and the Fair Credit Reporting Act.  While serving in the Department of the Treasury, Tom worked as the principal Treasury attorney who drafted Title X of the Dodd-Frank Act.

Courtney Stout

Courtney StoutCourtney Stout is a seasoned privacy and security attorney, with over 20 years’ experience advising clients in the financial services, technology, and data security industries. She counsels on a multitude of privacy and data security matters, including consumer disclosure and protection, data ownership and use restrictions, PCI DSS compliance, EU privacy and data protection, third-party vendor requirements, cyber security, and data security obligations. Courtney routinely conducts data breach assessments and prepares compliance programs for clients, and advises clients regarding “best practices” to reduce the risks associated with data security in both traditional commercial contracts and strategic m-commerce and e-commerce initiatives.

Monami Chakrabarti

Monami Chakrabarti concentrates her practice on financial services matters. She counsels financial institutions, card issuers, emerging payment companies, and retailers on regulatory compliance, supervision and enforcement matters.

Chris Chamness

Chris Chamness concentrates his practice on financial services. Chris has experience advising clients on state licensing and usury issues, and state-law disclosure requirements for closed-end credit products. He advises on a broad range of regulatory and transactional matters, including state and federal consumer finance protection laws and business lending compliance issues. He also advises clients on alternative business finance products, including merchant cash advance. Chris also has experience with consumer privacy rules and regulations.

Heather Coldwell

Heather Coldwell focuses her practice on commercial finance and payment systems transactions. She has advised clients on regulatory issues including state money transmission laws, unclaimed property laws, and the Fair Debt Collection Practices Act. Click here to see all of Heather’s posts.

Julia Dempewolf

Julia Dempewolf focuses her practice on financial services matters, advising financial institutions and other payments companies on products and services including credit cards, debit cards, prepaid products, gift cards, rewards programs, and other ACH- and card network-based value transfers.

Lauren Dorsett

Lauren StevensonLauren Dorsett concentrates her practice on commercial litigation, with an emphasis on bankruptcy and creditor rights. She previously worked as a law clerk for the U.S. Bankruptcy Court for the Western District of Washington, where she conducted extensive legal research and writing on a full range of legal issues arising in bankruptcy, including without limitation, plan confirmation, fraudulent transfers, dischargeability of debt, and claim objections. Ms. Dorsett also has experience with litigation concerning the Fair Debt Collection Practices Act and Truth in Lending Act.

David Lawson

”David David Lawson advises clients on matters related to tax exemption and charitable giving, including those related to payments-related issues such as virtual currency. He represents tax-exempt organizations, their donors, and businesses seeking to contribute to their communities. His areas of focus include acquisition and maintenance of tax-exempt status; corporate governance, including executive compensation issues; compliance with rules governing private foundations and donor-advised funds; cause marketing, including commercial co-venture regulation; corporate giving programs; unrelated business income tax issues; and IRS examinations.

Adam Maarec

Adam MaarecAdam Maarec concentrates his practice on financial services. He advises financial institutions on regulatory compliance matters regarding consumer protection, data privacy and information sharing, and joint marketing. Adam has experience with a broad range of financial protection laws, including Dodd-Frank, the Truth in Lending Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Real Estate Settlement Procedures Act, the Telephone Consumer Protection Act, and the CARD Act, as well as state telemarketing and insurance regulations. His regulatory practice includes drafting rulemaking comment letters, meeting with government agencies, and responding to regulatory investigations. Adam is the Young Lawyer Liaison, Federal and State Trade Practices Subcommittee, for the Consumer Financial Services Committee of the American Bar Association as well as the Co-editor of the ABA’s Consumer Financial Services Committee Newsletter.

Brant Rockney

Brant RockneyBrant Rockney focuses his practice on commercial finance transactions and credit card and other payment systems transactions. He has advised public and private companies on mergers & acquisitions, acquisition and project financings and debt refinancings, public securities and high yield debt offerings, federal disclosure requirements and compliance obligations, and state corporate law matters. Click here to see all of Brant’s posts.

Ross Siler

Ross SilerRoss Siler is an accomplished writer and researcher. He has experience drafting motions and outlining depositions in First Amendment law, bankruptcy, antitrust and foreclosure matters. Ross has also researched and prepared memoranda for a King County Superior Court judge and a Washington Court of Appeals judge. Prior to embarking on a legal career, Ross was a sportswriter for both The Salt Lake Tribune and the Los Angeles Daily News, where he covered the NBA’s Utah Jazz and Los Angeles Lakers.

Maya Yamazaki

Maya YamazakiMaya Yamazaki focuses her practice on intellectual property, media and technology law for clients ranging from start-ups and emerging companies to global corporations. Her practice includes the structuring, drafting, and negotiation of information technology and digital media transactions. She also counsels clients on a range of issues including advertising, marketing, and promotional matters. Maya also has experience litigating copyright, patent, trade secret, and trademark cases in federal court and before federal agencies. Click hereto see all of Maya’s posts.

 

Dsu-Wei Yuen

Dsu-Wei YuenDsu-Wei Yuen focuses her practice on transactional and regulatory matters for the payments industry. She has both in-house and law firm experience working with large and small financial institutions, as well as established and emerging payments companies. Dsu-Wei represents clients on agreements related to card programs, payment processing, e-commerce, mobile and virtual wallets, and virtual currencies. In addition, she counsels clients on compliance with federal and state financial, privacy, consumer protection and anti-money laundering laws and regulations.

 

Kelly Zemil

 Kelly Zemil Kelly Zemil concentrates her practice on counseling clients regarding federal legislative and regulatory compliance matters, with a particular focus in financial services and data privacy and security. She advises a variety of financial institutions, including banks and credit unions, as well as debt collectors, background screeners, and national credit reporting agencies on a broad range of issues including the Dodd-Frank Act, FCRA, GLBA, FDCPA, TCPA, UDAAP, TILA, RESPA, and ECOA compliance. Her regulatory and legislative practice includes meeting with CFPB and FTC officials, drafting rulemaking comment letters, advocating for clients on Capitol Hill, drafting legislation and hearing testimony, and responding to regulatory investigations. Additionally, Kelly has experience advising clients with respect to mergers and acquisitions, conducting due diligence, and drafting and negotiating agreements including asset purchase, stock purchase and franchise agreements.

PLA Platypus

PLA PlatypusThe Platypus focuses his practice on Pacific Rim issues, particularly in the semiaquatic context.  A specialist in the application of technologies such as electrolocation and spur-driven antipredation, he brings to the Payments Team a welcome diversity as well as an unusual perspective on many key issues.  Although his contact with clients has to date been limited, his niche may evolve going forward. Click here to see all of the Platypus’s posts.