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Emerging Payment Systems

Payment systems and emerging payments are a mixture of existing and developing systems, players, markets, infrastructures, and technologies. Their evolution is occurring within a maze of regulations written for other times and participants.

Our payment systems and emerging payments lawyers understand this and have experience helping clients navigate the legal, regulatory, policy, and business issues surrounding nascent platforms, services, and technologies, including:

    • product/service structuring & strategy
    • strategic alliances
    • data collection and privacy
    • data security
    • cloud platforms
    • emerging payments
    • prepaid access
    • credit & debit cards and codes
    • mobile payments
    • payment networks
    • payment technologies (mobile apps, tokenization & P2PE, RFDI, NCF, beacon, peer-to-peer)
    • consumer-facing marketing & advertising
    • customer loyalty/reward programs
    • end user terms & conditions
    • blockchain
    • e-commerce
    • eWallets/mobile wallets
    • online/mobile bill payment
    • bitcoin, virtual, and alternate currencies
    • stored value
    • money orders
    • check cashing
    • ACH
    • regulatory compliance
    • remittance products
    • money services businesses
    • money transmitter licensing
    • fraud risk management
    • benchmarking & procedural compliance
    • risk mitigation

Our payment systems and emerging payments experience enables us to provide transactional, regulatory compliance, and enforcement/litigation defense to various parties involved in payment systems. Our clients include mobile payment providers, payments infrastructure providers, banks, nonbank financial institutions, retailers, startups, processors, virtual currency issuers and issuers, and distributors of cards and other prepaid access devices.

Global Footprint
As new technologies and payment systems attempt to leap traditional infrastructures to enable payments locally, nationally, or internationally, the movement of money or money-equivalents becomes heavily regulated. Our payment systems and emerging payments lawyers provide a global, interdisciplinary, and solutions-oriented service through the firm’s 46 offices on five continents.

Interdisciplinary Approach 
Payment systems and emerging payments involves advanced distribution systems and technologies that frequently give rise to cutting edge issues crossing multiple legal disciplines, including regulatory (such as financial services, telecommunications, consumer protection, data privacy, and security), intellectual property, litigation, tax, corporate, and beyond. Our lawyers provide a corresponding international range of legal services regarding these kinds of topics:

Areas of Practice

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Managing Partner, Austin Office
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Practice Area Leader - Corporate
P +1.704.331.7484
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Managing Partner, Asia
P +1.206.370.7617
P +1.212.536.4006
Practice Area Leader - Corporate
P +1.412.355.8687
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Litigation, Investigations, and Government Enforcement Actions
Represented a major prepaid card issuer in an investigation by the Florida Attorney General into alleged unfair and deceptive trade practices.
Defended a payment processing company in state investigations into whether its activities triggered state licensing requirements.
Represented carriers whose payment systems were abused by wrongdoers or persons seeking to exploit the system.
Public Policy & Legislative
Prepared for clients responses to informational queries from the Bureau of Consumer Financial Protection in connection with that agency’s pre-regulatory information gathering on prepaid products and consumer payment systems.
Prepared position papers for clients on various legislative and regulatory proposals, including the Prepaid Card Consumer Protection Act (a.k.a. the “Menendez bill”) and regulatory proposals submitted to the CFPB by consumer groups.
Provided clients with gap analyses to assess the impact of various legislative or regulatory proposals.
Drafted whitepaper for use by trade organization in explaining why payment legislation should be vetoed by a state governor.