Payment Law Advisor Legal Commentary and Resources for the Payment Industry

James H. Mann

James H. Mann

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Posts by James H. Mann

Negotiating Network-Related Agreements for Banks

Posted in Deals and Technology, Regulatory and Compliance
DWT partner James Mann gave this presentation in London, to a group of U.K. payments professionals, on February 6, 2013. The presentation argues that the payment networks are here to stay for the foreseeable future and provides advice to financial institutions, based on long experience, about how to design their agreements with networks, as well as with t… Read the rest

Portfolio Finance Reference Materials

Posted in General
PLA today posts the public version of the agreement pursuant to which Chase invested in the Target card portfolio in 2008.  Although no longer in effect, this agreement may be a source of useful ideas for future portfolio-finance transactions. Also relating to the Target card portfolio, PLA today posts the agreement pursuant to which TD Bank USA, N.A., re… Read the rest

Credit Interchange Settlement: The Impact on Selected Future Transactions

Posted in Regulatory and Compliance
Much has been and will be written about the Memorandum of Understanding, filed on July 13, 2012, that sets out the parties’ binding obligation to enter into a class settlement agreement in the long-pending interchange fee antitrust litigation (“MOU”).  Commentators generally have focused thus far on Visa’s and MasterCard’s settlement pay… Read the rest

Anticipating, Understanding and Preparing for New Rules for a New Mobile World

Posted in Privacy and Data Security
This presentation was originally given at the RAMP Advanced Commerce and Mobile Retail Summit in Chicago, IL on April 4, 2012. DWT lawyers Randy Gainer, Andrew Lorentz, Ronnie London, and James Mann covered the following topics: An Overview of the Mobile Payments Ecosystem Financial Privacy Requirements Data Security and PCI Compliance Mobile Communi… Read the rest

A New Meaning to “Eat and Run”? Restaurants and Mobile Payments

Posted in Deals and Technology
Many mobile payment systems tailored for restaurants and other food vendors were introduced in 2011. Restaurant-industry insiders say 2012 could be a year of widespread adoption of these systems – and possibly a shakeout among them. Set forth below is a brief overview of leading systems, followed by a discussion of key legal and network-rules issues fr… Read the rest

New Service – New Regulator? Could Behavioral Marketers be Subject to Supervision by the Consumer Financial Protection Bureau?

Posted in Regulatory and Compliance
Section 1024(b) of the Consumer Financial Protection Act of 2010 (“Act”) directs the Consumer Financial Protection Bureau (“Bureau”) to supervise each non-depository “covered person,” as defined by the Act, that is a “larger participant of a market for . . . consumer financial products or services” (in addition to those providers of a… Read the rest