Payment Law Advisor Legal Commentary and Resources for the Payment Industry

Meet the Payments Team

Claude Goetz, Partner, Chair, Financial Services Practice

Partners with clients on business transactions, finance and commercial legal issues, and mergers and acquisitions. Has extensive experience with commercial contracts, joint ventures, governance, corporate counseling, and executive employment and severances.

  • Credit card programs, network incentive and branding agreements, and processing agreements
  • Co-branding, affinity/loyalty programs, and technology sharing/transfer agreements
  • Regulatory, privacy and data security program requirements
  • Venture capital investment transactions
  • Purchase, sale and licensing of intellectual property portfolios and rights

 

 

Michael Caughey, Partner

Partners with clients to solve transactional and business concerns relating to credit card and emerging payment services.

  • Private Label and Co-Branded Program Agreements
  • Payment network and mobile wallet relationships
  • Account and receivable portfolio sales
  • Payment processing relationships

 

 

Jonathan Engel, Partner, Co-Leader, Supervision, Enforcement and Litigation Practice

Partners with clients to solve investigative, enforcement, and litigation concerns relating to payment systems and emerging payment services. Handles inquiries from state and federal regulators including the CFPB, FTC, and state attorneys general.

  • Payment processing, merchant services, e-commerce solutions
  • Financial privacy and data security
  • Money transfer services, prepaid accounts, gift cards, virtual currency

 

 

Brian Hurh, Partner, Professional Development Lead

Partners with clients to solve regulatory, transactional and business concerns relating to lending and emerging services.

  • Consumer and business lending
  • Money transfer services, prepaid accounts, gift cards, virtual currency
  • Payment processing, merchant services, e-commerce solutions
  • Financial privacy and data security

 

 

Wendy Kearns, Partner, Co-Chair, FinTech Practice

Partners with clients on transactional and intellectual property matters relating to financial technology and emerging payment services. Has extensive experience in technology for cloud computing, retailing systems, payment systems, and electronic distribution.

  • Cloud computing and technology platforms for technology providers and financial institutions
  • Technology solutions for financial institutions
  • Mobile wallet relationships, including network solutions
  • Purchase, sale and licensing of intellectual property portfolios and rights

 

 

Kelly Logue, Partner

Focuses on serving clients with concerns relating to credit card partnerships and lending transactions.

  • Co-branded and private-label credit card and co-branded bankcard program agreements
  • Purchase and sale of credit card portfolios and related assets
  • Secured and unsecured consumer and business lending transactions

 

 

Andrew Lorentz, Partner, Co-Chair, FinTech Practice and Leader, Regulatory Practice

Focuses on the retail financial services sector and operates at the intersection of financial services, innovation, and regulation. Handles a wide variety of transactional and regulatory matters in both in the United States and abroad.

  • State and federal money transmission laws
  • Payment systems, cards and loyalty programs
  • Emerging payment services and alternative lending
  • Mobile payments, banking and remittances

 

 

James Mann, Partner, Co-Leader, Transactional Practice 

Focuses on consumer payment devices, payment systems, and loyalty programs and provides advice on applicable federal laws and regulations, including payment-system rules, as well as supervisory and enforcement matters.

  • Private label and co-branded credit card agreements
  • Commerce platforms
  • Fintech implementation and network agreements
  • Payment processing relationships
  • Purchase or sale of card portfolios and related assets

 

 

Robin Nunn, Partner, Co-Leader, Supervision, Enforcement and Litigation Practice

Counsels clients on compliance with consumer protection laws and supervision preparedness, with an emphasis on fair lending, UDAAP and other regulatory requirements.  Has extensive experience with corporate and individual clients in matters initiated by government regulators, as well as private civil litigation and internal investigations.

  • Retail banking and consumer financial services issues
  • Mobile and digital banking, payments and emerging payments, marketplace and online lending, digital currencies and blockchain, and regtech
  • Retail lending including mortgage, auto, credit card products, and stored value products such as physical and digital prepaid cards
  • Supervisory examinations, agency enforcement investigations and trial court litigation

 

 

Andrew Owens, Partner

Advises financial institutions and retailers 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.

  • Cobrand, private-label, and agent bank card agreements
  • Processing alliance agreements
  • Customized merchant processing agreements
  • Loyalty programs

 

 

Scot Tucker, Partner, Co-Leader, Transactional Practice

Works with financial institutions and other parties in the negotiation and documentation of a wide variety of commercial transactions within the payments ecosystem, with a particular emphasis in private label, co-branded, agent bank and affinity agreements in virtually all applicable industry segments.  Also works with clients in connection with:

  • Payment processing agreements
  • Loyalty coalition agreements
  • Network agreements
  • Account portfolio acquisition/sale agreements

 

 

Adam Maarec, Counsel

Partners with clients to solve regulatory issues in connection with digital banking experiences, including advertising, acquisitions, and account servicing.

  • Credit cards, digital wallets, deposit accounts, prepaid cards, and other innovative payment mechanisms
  • Data sharing and use, including data aggregation technologies and fintechs’ use of aggregated data
  • Consumer financial product aggregation and advertising

 

 

Allison May, Counsel

Partners with clients in negotiation of business transactions in the payments space, including:

  • Private label and co-branded program agreements
  • Payment processing agreements
  • Network branding agreements
  • Technology collaboration agreements

 

 

Brant Rockney, Counsel

Partners with clients to complete payments-related, commercial, and technology transactions.

  • Co-brand and private label credit cards
  • Payment processing and e-commerce
  • Supply chain, logistics, and technology

 

 

Tom Scanlon, Counsel

Counsels financial institutions, technology companies, merchants, and investors on matters relating to financial products or services, with particular experience in advising clients on adapting financial products or services in light of the regulatory landscape, including the preparation for examinations by the federal bank regulatory agencies, including the CFPB.

  • Payment systems, cards and loyalty programs
  • Emerging payments and prepaid
  • Regulatory, privacy and data security program requirements
  • Anti-money laundering program requirements

 

 

Amit. S. Aulakh, Associate

Focuses on financial services transactions, including credit card and other payment systems transactions, informed by a background in software engineering and IT consulting.

  • Cobrands and loyalty programs
  • Emerging payments and FinTech
  • Corporate transactions

 

 

Chris Chamness, Associate

Partners with clients to solve regulatory, transactional and strategic business concerns relating to consumer finance and emerging payment services.

  • Consumer finance and alternative business lending, including compliance with TILA, FCRA, UDAAP and ECOA
  • Data aggregators and online sales channels for financial products
  • State licensing, usury, and contract disclosures
  • Virtual currency and financial technology

 

 

Julia Dempewolf, Associate

Partners with clients to solve regulatory, transactional and business concerns relating to emerging payment services.

  • Financial institution partnerships
  • Money transfer services, prepaid accounts, gift cards, virtual currency
  • Payment processing, merchant services, e-commerce solutions
  • Financial privacy and data security

 

 

Juliana Gerrick, Associate

Advises financial institutions, technology companies, and retailers on issues arising under federal and state banking and consumer protection laws, including the Truth in Lending Act, the Equal Credit Opportunity Act, and the Fair Credit Reporting Act.

  • Secured and unsecured consumer and business lending
  • Co-brand and private label credit cards
  • State licensing, usury, and contract disclosures
  • Anti-money laundering program requirements and OFAC compliance

 

 

Dsu-Wei Yuen, Associate

Represents clients on regulatory and transactional matters in connection with:

  • Emerging payments, including money transfer services, prepaid accounts, gift cards and rewards programs, virtual currency and blockchain technology
  • Payment processing, including merchant acquiring, ISO, processor and network arrangements and network rules compliance
  • Anti-money laundering and OFAC compliance

 


Privacy and Data Security

Our Privacy and Data Security team counsels clients who process or mange consumer information on privacy developments and compliance in a range of industries, including financial services and FinTech. We regularly assist in creating privacy and information security programs that can include risk assessments, policies and procedures, employee training, and audits. We also regularly advise on the permissible and secure collection, storage, transfer, and disposal of consumer information, including in the expanding field of data aggregation. We have extensive experience in advising on regulations relevant to financial services providers, including the FCRA and obligations under GLBA and HIPAA. In addition, our incident response team provides counsel on issues such as whether consumer, regulatory or other notifications are required or recommended, and whether there are legal requirements or advantages to providing identity theft protection services. Our team members have appeared before regulators in privacy/security regulatory actions of first impression before agencies such as the CFPB, NYDFS, and the FTC.

Key Contacts

Christin McMeley, Partner
Amy Mushahwar, Partner
Becky Williams, Partner
Chris Avery, Counsel



Technology Transactions

DWT’s tech transactional team advises financial services institutions, technology platform providers, service providers, and other FinTech companies on the development, acquisition, and implementation of technology solutions. We also help clients establish the third-party relationships necessary to commercialize innovative products and solutions. We regularly structure, document and negotiate complex services relationships (including token, payments, processing and acquiring agreements); technology services (including software as a service [SaaS] and cloud computing) and outsourcing arrangements; inbound and outbound software licenses; hardware and software acquisition agreements; custom systems development arrangements with independent contractors and vendors; telecommunications services agreements; and complex data-handling arrangements.

Key Contacts

Wendy Kearns, Partner
Evan Shapiro, Partner
Pete Johnson, Partner
Maya Yamazaki, Partner



Intellectual Property

DWT’s IP attorneys counsel clients on a full range of intellectual property issues, with a particular focus on trademark and patent issues. We advise clients in all aspects of trademark strategy, clearance, protection, enforcement and litigation. We also help clients obtain patents and formulate patent-related business strategies, including licensing and litigation. We are particularly experienced in assisting clients with IP issues in connection with payment cards, ecommerce, emerging payments, and FinTech.

Key Contacts

Wendy Kearns, Partner
Matthew Moersfelder, Partner
Scott Adams, Partner



Commercial Lending

We represent some of the nation’s major commercial lenders and foreign-based lenders operating in the United States in a wide variety of secured and unsecured credit transactions. We have experience in a broad range of industries and credit transactions, including credit card receivables purchase and sale transactions; revolving and term credit facilities; letter of credit facilities to support municipal and non-profit issued bonds and other obligations; real estate finance; and entertainment finance.

Key Contacts

Peter Mucklestone, Partner
Rick Schroeder, Partner
Brian Hulse, Partner
George Mardikes, Partner



International

We advise financial services companies on a range of international payments or privacy-related issues, including preparing for the European General Data Protection Regulation (GDPR), obtaining Privacy Shield certification, and providing strategic advice on the proposed EU E-Privacy Regulation. We also have extensive experience helping U.S. companies, including financial institutions and Internet and e-commerce companies, pursue, develop, and maintain operations in China.

Key Contacts

Vincent Wang, Partner
Norm Page, Partner
Bob Stankey, Partner