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Financial Technology (Fintech)

Overview

Loeb & Loeb’s multidisciplinary team of fintech lawyers brings extensive industry insight and experience to help clients across the fintech ecosystem navigate this fast-evolving landscape. A continual digital revolution has created a shift in the financial services environment. We provide strategic counsel to our clients along the entire fintech product and services spectrum — from banks, financial institutions, payment networks and merchants to technology companies, start-ups and investors — and help them strategically steer ahead and stay at the forefront. 

Loeb & Loeb has operated in the fintech space for several years and is widely recognized as a pioneer in counseling companies on the use of new technology and helping clients develop, launch or modify their financial products and services. Our multidisciplinary fintech team draws on the experience of our market-leading practices in privacy and data security, regulatory compliance, technology and outsourcing, digital media, and brand marketing. Our dedicated group of fintech practitioners includes lawyers with deep regulatory, transactional and litigation experience, including former in-house counsel for leading fintech companies and financial regulators such as the Federal Deposit Insurance Corporation, the Securities and Exchange Commission (SEC), and for other federal agencies, including the Department of Justice. Our team understands the unique legal and business challenges clients face, helps identify risks, provides solutions, and capitalizes on opportunities, and we offer well-rounded support on regulatory, commercial, transaction and general corporate issues impacting the fintech sector.

Our extensive capabilities span services related to blockchain technology, digital assets and digital asset custody, non-fungible tokens (NFTs), the metaverse, decentralized autonomous organizations (DAOs) and cryptocurrency, cloud-based financial services, e-commerce and e-payment platforms, digital wallets, digital banking, consumer and data privacy, and other related matters. 

An ever-evolving fintech climate leads to the need for sophisticated and multi-jurisdictional counsel on fast-changing compliance, regulatory and registration regimes as well as government investigations. We regularly work with clients globally to ensure general compliance, including authorization and licensing requirements and processes, regulatory filing and reporting requirements, and obtaining approvals and guidance from regulatory authorities. Our seasoned regulatory team advocates on behalf of fintech clients in investigative and enforcement actions and complex civil litigation matters.

Our extensive fintech industry experience, combined with our deep technical and commercial understanding of the fintech industry, helps our clients stay ahead of the curve, while remaining prepared to encounter a multitude of unanticipated issues. We go beyond general fintech and regulatory advice and help clients with advertising and marketing compliance, artificial intelligence (AI) and machine learning technology issues, data privacy, competitions and disputes, financial services, mergers and acquisitions (M&A), dispositions, joint ventures, outsourcing, and other alliances.

Here are some of the areas where we can help.

    • Blockchain technology 
    • Digital assets and digital asset custody
    • Virtual and digital currencies 
    • Cloud initiatives and cloud-based financial services
    • Consumer and data privacy
    • Digital banking, virtual banking and insurance
    • E-commerce and e-payment platforms
    • Marketplace lending and alternative lending mechanisms
    • Mobile finance, digital wallets and custody services
    • Payment gateways, payment processing and money services
    • Trading platforms
    • Digital ecosystem, metaverse and decentralized network platforms
    • Compliance technology providers and anti-money laundering (AML)
    • Government enforcement actions, audits and examinations in multiple jurisdictions
    • Regulatory compliance and advisory at both the state and federal levels, including for the SEC, Commodity Futures Trading Commission, Financial Crimes Enforcement
    • Network (FinCEN), Federal Reserve, Office of the Comptroller of the Currency and Federal Deposit Insurance Corporation
    • Vendor risk management due diligence and compliance
    • AML and combating the funding of terrorism (CFT) compliance
    • Bank Secrecy Act (BSA), Know Your Customer (KYC) and Know Your Business (KYB) compliance
    • USA PATRIOT Act, customer due diligence (CDD) and enhanced due diligence (EDD) requirements
    • Money service business (MSB) and state money transmission (MTL) analyses and licensure
    • Consumer and commercial lending, state licensure, and usury and payday lending compliance, including marketplace lending
    • Currency Transaction Report (CTR) support and guidance
    • Digital asset and token design compliance and the SEC’s framework for digital assets
    • Digital asset screening and Know Your Transaction (KYT) compliance
    • Advertising and marketing compliance
    • AI and machine learning 
    • Competition and disputes
    • Consumer financial services, compliance and reporting
    • Data privacy and cybersecurity
    • Joint ventures, outsourcing and other alliances
    • M&A and dispositions
    • Private offerings and initial public offerings 
 

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