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Financial Technology

Financial technology (FinTech) is driving rapid change in the financial services industry and in the way we spend, save, transfer, and invest our money. Our FinTech team combines strengths drawn from market-leading practices in Financial Services, Corporate and Securities, Intellectual Property, Privacy, Public Policy, and Litigation to provide comprehensive solutions in the rapidly evolving FinTech space. Our clients engage in global transactions and are often at the forefront of cutting-edge and disruptive business models that require equally innovative legal support and analysis. Our deep bench of FinTech lawyers is spread throughout our offices in strategic financial and technology centers in the United States and abroad, and draw upon their experiences as financial regulators and in-house counsel.

Clients

  • Bank and bank holding companies
  • Venture capital, private equity, and other funds
  • Global financial services firms
  • U.S. and foreign securities exchanges
  • Marketplace and P2P lenders
  • Virtual currency wallet and service providers
  • Emerging payment systems operators
  • Market data analytics and indexing firms
  • Card associations
  • Nontraditional lenders and providers of financing for education, personal finance, and other solutions
  • Insurers
  • Industry trade associations

Sophisticated Counsel in a Broad Range of Areas

Corporate, Venture, IPOs, and M&A: Our experience spans all sides of a deal — FinTech companies: Negotiating venture financings, IPOs, mergers, stock, asset acquisitions and other transactions involving changes in corporate control; and advising on general corporate matters, SEC reporting and compliance, and the issuances of registered and exempt securities. Banks, investment managers, and funds serving as strategic investors and financial investors: Negotiating investments in, loans to, and acquisitions of FinTech companies.

Strategic Partnerships, Joint Ventures, and IP Licensing: Advise clients on negotiating, structuring, and documenting strategic partnerships and joint ventures with vendors and financial institutions, and advise on, negotiate, and document IP licensing agreements and commercialization strategies, including white labeling.

Vendor Contracting and Management: Advise FinTech firms and financial services firms and their vendor counterparties on negotiating and drafting commercial agreements, including data centers, data security firms, and regulatory technology (RegTech) service providers, and with compliance and oversight programs pursuant to regulatory requirements.

Marketplace Lending: Represent major financial institutions acting as lenders, structuring agents, and initial purchasers in warehouse lending facilities to fund purchases of marketplace loans and in securitization transactions backed by marketplace loans.

State and Federal Regulatory Matters: Advise clients on financial and payment system regulation; consumer and commercial lending regulation; start-up regulations in connection with state lender licensing laws and money transmitter laws; and OCC, Federal Reserve, FDIC, CFPB, FTC, Treasury, FinCEN, SEC, CFTC, OFAC, and other state and federal laws and regulations, including Bank Secrecy Act and Anti-Money Laundering laws and regulations. Routinely advise clients on developing and implementing compliance management systems, and drafting and implementing policies and procedures.

Virtual Currency: Counsel companies that are developing fundamental financial businesses for the virtual currency ecosystem; routinely advise funds and banks on virtual currency-related matters.

Emerging Growth: Represent and partner with next-generation financial technology and payments companies across the FinTech industries, including lending exchanges, payments, point of sale, personal financial management, education financing, virtual currency, and SaaS.

Technology and Digital Transactions: Advise market leaders and innovators in the FinTech, mobile, eCommerce, and SaaS sectors, among many others, to execute transactions related to the development, acquisition, licensing, sourcing, and integration of complex technologies, systems, and software.

Cybersecurity and Privacy: Ensure that payment systems and technologies are both inherently secure and provide security and privacy for customers; provide strategic advice to resolve complex cybersecurity issues at the intersection of law, security, policy, technology, innovation, and economics.

Antitrust, Government Investigations and Enforcement, and Litigation: Perform antitrust reviews of mergers and anticompetitive conduct in these markets; advise clients with government investigations, examinations and enforcement matters, and private litigation.

International: Advise on potential FinTech structures to raise debt and equity and international structuring of financial technology.

"Arnold & Porter is held in high regard for its capabilities in the FinTech space. Its FinTech offering combines the strengths of the firm's financial services, corporate, and intellectual property practices to provide clients with full-service capabilities. The firm has a strong track record in handling intellectual property, M&A, and cybersecurity matters, as well as FinTech litigation." —Chambers Fintech 2021
"Many times the firms can arrive at the same answer but Arnold & Porter feels more effortless in getting there." —Chambers Fintech 2020

Key Contacts

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Recognition

  • Chambers FinTech
    FinTech Legal (USA) (2024)
  • The Legal 500 US
    FinTech (2023)