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 are 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.

Our clients include:

  • bank and bank holding companies;
  • venture capital, private equity, and other funds;
  • global financial services firms;
  • US 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;
  • insurers; and
  • industry trade associations.

We offer sophisticated counsel in a broad range of areas, including:

Corporate, Venture, IPOs, and M&A: Represent FinTech companies in the negotiation of venture financings; initial public offerings; mergers, stock, and asset acquisitions; and other transactions involving changes in corporate control. Also advise on general corporate matters, SEC reporting and compliance, and the issuances of registered and exempt securities.

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, 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 that they 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. Their 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 2020
"Many times the firms can arrive at the same answer but Arnold & Porter feels more effortless in getting there." —Chambers Fintech 2020

Experience Highlights

  • Bank in its investments in student loan platforms.
  • Bank holding company in its acquisition of an innovative tracking and processing payments company.
  • Emerging FinTech solutions provider regarding commercial agreements to create a white-labeled, point-of-sale lending platform that merchants can offer to customers to facilitate access to financing options at the point of services.
  • Leading FinTech lender that provides student, personal and residential mortgage loans in a $169 million residential mortgage securitization.
  • Global securities firm in addressing issues stemming from its participation in a leading blockchain-based securitization platform, including the advantages and risks of blockchain-based systems, the use of smart contracts in securitization, related cryptocurrency payment systems, the enforceability and perfection of asset transfers and security interests created through blockchain-based documentation, and the applicability of consumer protection, securities, commodities, and bank regulation to the platform.
  • National bank on structuring and negotiating a joint venture (which will involve a joint credit card) with an innovative payment and accounting solutions provider.
  • Payment solutions provider in drafting and negotiating commercial agreements with various technology solutions vendors to integrate and offer enhanced functionality on its platform.
  • Third-party payments services provider and pre-paid debit card program manager for numerous banks and non-bank lenders in chartering a de novo bank and providing ongoing regulatory and corporate transactional advice to develop and expand the payment services offered to its financial institution clients.
  • Top 10 US banking company in asset size in its acquisition of an Internet sales company and on the financial services regulatory aspects of its acquisition of a hybrid robo-advisor.
  • West Creek Financial, a FinTech consumer goods leasing company, in the establishment (with a partner bank) and phased nationwide roll-out of a new term point-of-sale loan program, leveraging its existing merchant network.
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