Payments & Emerging Financial Services

Latham’s Payments & Emerging Financial Services practice helps clients of all types and sizes navigate the myriad of regulatory, commercial, transactional, and general corporate issues impacting the payments and fintech sectors.

Why Latham

We work with a diverse range of clients, including:

  • Traditional financial institutions
  • Payment networks
  • Traditional and non-traditional third-party service providers (including payment facilitators)
  • Merchants
  • Payment processors
  • Established tech giants
  • New market entrants
  • Emerging companies
  • Telecommunications operators
  • Online marketplaces
  • Social networks
  • Investors
  • Stored Digital Wallet Operators 

Our integrated global team provides pragmatic, commercially focused advice across the range of legal and regulatory challenges associated with developing, using, operating, or expanding the geographic reach of various services and offerings, including:

  • Money transmission
  • Digital and virtual cryptocurrencies
  • Distributed ledger technologies
  • Electronic and mobile payments
  • Stored value / prepaid access / e-money
  • Payment instruments
  • Credit products
  • E-commerce
  • Payment acceptance and payment remittance 
Navigating Regulatory Compliance

We help clients understand and meet their regulatory obligations — an often daunting task amidst fast-evolving and increasingly stringent oversight and scrutiny in the fintech and payments sector. Our team draws on a sophisticated understanding of state, federal, and international laws and regulations governing the fintech industry, as well as a practical understanding of the requirements and expectations of the various administering regulatory agencies.

We provide thoughtful, clear, and forward-looking counsel on:

  • General compliance, including authorization and licensing requirements and processes, regulatory filing and reporting requirements, and obtaining approvals and guidance from regulatory authorities
  • Development, launch, or modification of products or services
  • Development of policies and procedures, terms of service, disclosures, or other aspects of a product or service offering
  • Government enforcement actions, audits, and examinations in multiple jurisdictions
  • Guidance in connection with the potential monetization of a resource

We also regularly facilitate stakeholder feedback to authorities by keeping clients abreast of legislative and regulatory developments, and opportunities to comment in response to new trends and policies.

Latham combines market-leading transactional practices with comprehensive regulatory and industry knowledge, and a keen understanding of the technology that underpins the payments sector to guide clients successfully through a wide range of transactional matters. We routinely structure and negotiate commercial arrangements, including those related to the offering of new payments offerings and services, bank and network sponsorships, and agency and processing relationships. We also draw on a track record of advising clients on payments and fintech-related M&A, joint ventures, and private equity transactions, including acquisitions, sales, and investments in financial institutions and other companies in the payments sector.

Our payments practice leverages Latham’s global platform to efficiently advise on matters that may also relate to other financial regulatory areas, as well as data privacy and cybersecurity, economic sanctions and anti-money laundering, technology transactions, intellectual property and software licensing, outsourcing, e-commerce, and telecommunications technology, among others.

Our Experience

Awards & Rankings

  • Latham Earns Top Fintech Rankings Globally - February 10, 2021
  • Todd Beauchamp Named to Global Banking Regulation Review’s 45 under 45 List - December 03, 2020
  • Latham Fintech Partners Receive Innovation Award from New York Law Journal - November 01, 2020
  • Marc Jaffe Named Distinguished Leader by New York Law Journal - October 25, 2020
  • Latham Earns Top FinTech US and Global Rankings From Chambers - December 12, 2018

“Latham & Watkins is one of the premier firms operating in the fintech space. They combine their top-notch regulatory expertise with capital markets and derivatives capability. Clients also note their strong global presence and seamless work style across international jurisdictions. They work with some of the largest technology companies and financial institutions in the world, advising on topics including blockchain applications, cryptocurrency, payments and data privacy.”

– Chambers Fintech Legal USA 2020

Media Coverage

NFT Craze Generates Slew Of Legal QuestionsTodd Beauchamp Named to Global Banking Regulation Review’s 45 under 45 ListInnovation Award: David Concannon, Yvette Valdez and Stephen Wink

News

Latham Advises The Chainsmokers on Groundbreaking NFT TransactionLatham & Watkins Represents Shift4 in Two Strategic Acquisitions Latham & Watkins Advises Worldline on Apollo’s Proposed Acquisition of TSS

Thought Leadership

FRB Again Highlights Risks in the Stablecoin SectorCalifornia Executive Order Foreshadows Stronger Regulation of Digital AssetsDigital Assets Could Revolutionize Global Remittances

Webcasts & Podcasts

Podcast – Fintech Focus: The Year in Crypto – What Changed and What Comes Next in 2022?Podcast – Fintech Focus: What’s Next for Hong Kong and Singapore in 2022?Understanding NFTs & Their Legal Implications