Joshua L. Durham

Incorporated startup companies and assisted in corporate governance, financings, and related transactional matters.

Advised a systemically important exchange on regulatory issues surrounding virtual currency activities and digital asset classification.

Prepared consumer-facing disclosures under federal and state consumer financial protection laws.

Advised a major cryptocurrency exchange on compliance with the GENIUS Act and regulatory considerations related to stablecoin issuance.

Advised investment funds on amending limited partnership agreements (LPAs) and other fund governance documents.

Prepared an S-1 for a major cryptocurrency fund.

Counseled various cryptocurrency and fintech companies regarding laws related to payments and banking, including state "money transmitter" laws, federal anti-money-laundering and "money service business" laws, the Electronic Funds Transfer Act and Regulation E, payment association rules, consumer credit laws, state gift certificate laws, state unclaimed property, state and card network surcharge rules, and escheat laws.

Represent investors, investment firms, and other companies in the M&A process in executing regulatory due diligence on consumer financial services laws, including those implicated by companies offering payments, e-commerce, fintech, digital asset, and retail banking products.

Advised digital asset exchange businesses on the implication of federal and state consumer financial services laws, securities laws, and commodity derivative laws.

Represented multiple startup clients in corporate and regulation work, including fintechs, stablecoin and NFT issuers, DAOs, DeFi protocols, custodial and noncustodial wallet providers, and mining companies.

Advised depository, nondepository, and other financial services companies on the applicability consumer financial services laws such as those governing tax refund anticipation loans, authorized agents and delegates for payment companies, check cashing, and escrow and lender licensing. Created surveys of such laws.

Advised a public company on the strategic acquisition of a cryptocurrency startup, including regulatory and technical due diligence concerning federal and state laws governing virtual currency business activities, cryptocurrency industry and security standards, and related financial services issues.

Counselled a precious metals payment system startup on state and federal laws and regulations governing gold-backed payment systems, including CFTC and SEC-regulated activities, state commodity codes, and similarly applicable laws; prepared strategic regulatory product design.

Prepared AI services SAAS agreement for an AI and insurance startup.

Prepared and amended various financial services agreements for a virtual currency startup, including a bank-fintech partnership, FBO agreement, deposit account control agreement, and master bank services agreement.

Advised a major sports league organization on payment fraud liability concerning mobile wallets and near field communication technology, prepared a memorandum for the sports league’s strategy on allocating fraud liability among payment processors, banks, consumers, and the sports league.

Prepared payment processing agreement between a financial institution and fintech company.

Prepared AI services amendment to a banking services agreement.