Global connections Our Digital Financial Services and ...€¦ · Global connections Our Digital Financial Services and Fintech capability 7 Cybersecurity Our partners have practical

Global connectionsOur Digital Financial Services and Fintech capability

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Global digital financial services and fintech

Drawing together lawyers and compliance consultants from across our financial services practices globally, our Digital Financial Services and Fintech group provides legal and regulatory support and added value to financial services providers on their digital projects, whether in connection with new product development, the acquisition of fintech capabilities or new developments in operating functions.

How can we help?

– experienced fintech lawyers across the US, UK, wider Europe, Middle East and Asia

– full service Digital team

– extensive experience in delivering digital FS and fintech projects

– innovative approach

– project management and cost certainty

Matthew AllenHead of Financial Services sector

T: +44 20 7919 [email protected]

William DudzinskyHead of TMT US


Bob PileCo-Head of Global Corporate


Matthew GoughHead of Digital Financial Services and Fintech



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Technology platforms and the cloud 4

Fintech/joint collaboration agreements 5

Cryptocurrencies, blockchain and artificial intelligence/robo advice 6

Cybersecurity 7

Payments and digital commerce 8

Data privacy and digital identity 9

M&A and investments 10

Consumer finance and product regulation 11

Ecommerce and consumer protection 12

Intellectual property and patents 13

Contentious regulatory and financial crime 14

Technology disputes 15

Consulting, compliance and authorizations 16

Competition 17

Robo advice and electronic brokerage 18

Fintech licensing and compliance 19

Bank secrecy act/anti-money laundering/office of foreign assets control 20

Awards and accolades 21

Wider international team 22

What you’ll find in this guide:

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Technology platforms and the cloud We can work across all your needs for technology platforms, including advising on private and public clouds, commercial agreements, software licensing and the associated regulatory regime. However you wish to develop further your own platforms, our team can assist.

Relevant experience includes advising: – a large UK bank on a series of agreements with Tier 1 cloud

vendors for cloud licensing, unified communications and business critical applications

– a UK investment management business on a strategic platform agreement with EIS/Sungard

– a major global credit card provider in relation to the use of a new digital platform to increase conversion rates and limit drop-outs of applicants for premium card products

– on the support and maintenance arrangements for the mobile-banking software used by twelve global retail banks

– on the design, build and run of a credit provider’s mobile wallet application across a credit provider’s European merchant network

– a UK clearing bank on the negotiation of an agreement with a secure digital banking technology provider

– a major Japanese investment bank on its first global cloud services arrangement for an online client relationship management system

– a financial services business on the procurement of new technology including cloud computing, developing new data centers and bespoke software development

– seven banks in Hong Kong to launch a DLT-based trade finance platform. The platform, eTradeConnect, will facilitate trades and the arrangement of financing through sharing information between customers and banks participating on the platform

– one of the largest cloud providers with the negotiation of SaaS, IaaS and PaaS, as well as with its transformational platform solutions with its German customers, including banks and insurances

– one of the largest cloud providers with the negotiation of IaaS and PaaS contracts with its French customers including many French banks. Assisting the client with tailoring its client facing material relating to the EBA guidelines on cloud and PSEE (the French regulatory framework which banks need to follow when outsourcing essential operations)

Key contacts

Peter QuittmeyerPartner

T: +1 404 853 8186 [email protected]

Craig RogersPartner


Michael SteinigPartner


Charlotte Walker-OsbornPartner

T: +44 779 907 5756charlottewalker-osborn@eversheds-


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Fintech/joint collaboration agreementsWe regularly advise both financial institutions and fintechs on their strategic investments and collaborations and have a full appreciation of the need for a flexible and commercial approach, deploying project management to ensure timely and efficient legal service delivery.

Relevant experience includes advising: – one of the world’s largest financial institutions in creating

a multi-year license and services arrangement with one of the leading payment card networks

– a joint venture vehicle on the design, build and operation of a blockchain-based commodities trading platform

– a major US financial institution on an agreement with Ripple for the settlement of FX trades using Distributed Ledger technology

– on the joint-development agreement with Smart Pensions following the investment by Legal & General

– Mediobanca in their acquisition of RAM Active Investors (algorithmic trading platform)

– Amex in their acquisition of a fintech business

– a leading insurer in relation to an investment in a joint-collaboration agreement with a fintech

– Statpro in their acquisition of UBS’ portfolio management platform, Delta

– a UK asset manager in respect of the acquisition of a Quants trading platform

– a major US financial institution on arrangements with partners for API, interfaces and data sharing

– IntegraFin on their IPO on the London Stock Exchange

– one of the largest global financial institutions in its acquisition of a technology platform for mobile payments. This acquisition was a core piece of the client’s technology strategy for its mobile wallet offering

Key contacts

Brian BarrettPartner


Rachel BroquardPartner


Brian MurphyPartner


Craig RogersPartner


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Cryptocurrencies, blockchain and artificial intelligence/robo advice Eversheds Sutherland has assisted clients with many challenging and novel coin and token offerings globally. We also work with clients in transactions and regulatory challenges associated with the use of blockchain. Many clients ask for our counsel in understanding how distributed ledger technology, including smart contracts, might allow them to lead change in their industries.

Relevant experience includes advising: – a large US-based institution on the use of blockchain for use

in a potential trading platform

– a large global bank on the end-to-end customer journey for a new robo-advice proposition

– the founders of the Bitcoin Derivatives Exchange on negotiations with financial investors in Poland

– KINESIS on the regulatory classification of and legal requirements for a yield-bearing digital currency based on physical gold and silver

– a Middle Eastern bank on a series of blockchain IT SaaS contracts

– a large investment bank with the negotiation and conclusion of a partnership agreement with a consortium of research centers and start-ups in relation to an AI and big data project using satellite data

– cryptocurrency exchange operators in Hong Kong, Singapore, Malaysia and Malta in relation to the implementation of their respective operations

– a global bitcoin mining company on its intra-group company arrangements to effect its OTC and exchange operations

– a crypto-currency exchange in dealing with the SFC in order to obtain initial views on the regulatory status of its business, including hosting ICO launches

– a FCA Sandbox FinTech cohort member on all aspects of their authorization to arrange and issue a Crypto-asset Backed Bond where entitlement is registered on distributed ledger technology

– a top-five retail broker dealer with respect to federal and state registration, licensing and compliance issues with respect to the launch of a cryptocurrency trading subsidiary

– a venture-backed cryptocurrency issuer with respect to and state registration, licensing and compliance issues with respect to the launch of a new stable coin

– custodial clients facing summons enforcement for crypto currency account holder information

Key contacts

Michael BaharCo-Lead of Global Cybersecurity and Data Privacy




Gregory KaufmanPartner


Jim MastracchioPartner


Holly SmithPartner


James BurnieSenior Associate



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Cybersecurity

Our partners have practical experience gained in the field—from in-house roles or secondments with global banking and insurance clients, regulators (including the FCA, SFO, SEC and FINRA) and key technology platforms. We also have particular insights into the SEC, DOJ, CFTC and the US Interagency and Congress.

Relevant experience includes advising: – the UK business of an international FS sector client on the

FCA, PRA and ICO investigation and enforcement aftermath of one of the largest data security breach incidents of the past couple of years

– a major UK high street bank (on retainer) in relation to fraud and financial crime matters. Over the past 12 months, this work has predominantly focused on bank transfer fraud committed by way of cybercrime and restitution of funds

– a major European financial institution on changes to its information security, business continuity and disaster recovery arrangements to meet changes imposed under MiFID II, the BRRD, the EBA Outsourcing Guidelines and the Operational Continuity Part of the PRA Rulebook

– a global bank on the notification and liaison with the FCA and PRA on an AML/cyber-attack relative to requests from law enforcement

– a regional US bank on the $4M+ cyber breach/theft matter involving a group of sophisticated Chinese hackers/fraudsters, and liaised with the FBI and PSB

– a credit card processing company with a breach and notifications to individuals under state privacy laws and engaging credit monitoring company; the breach affects individuals in approximately 30 jurisdictions

– a major mutual fund and its investment adviser on the development and implementation of cybersecurity policies and procedures designed to meet SEC requirements, including a focus on vendors, sub- advisers and incident response planning.

– on successfully defending a putative class action in California state court involving allegations of an alleged data breach following the theft of computer hardware from a third-party vendor’s offices

– a regional bank on its response to the cybersecurity breach of a commercial customer’s wire transfer system that resulted in millions of dollars being transferred out of the country

– on the negotiation of security requirements for a $2bn outsource by a major European investment bank to an IT global services provider negotiation of security requirements for physical infrastructure, cloud services and pre-employment screening across 70 countries

Key contacts



Paula BarrettCo-Lead of Global Cybersecurity and Data Privacy


Sarah PaulPartner

T: [email protected]

Alexander Sand Associate


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Payments and digital commerceWith a deep understanding of the issues affecting payment services and digital e-commerce generally, our Payment Services teams have considerable experience working with clients at every stage of the payment processing cycle.

Relevant experience includes advising: – a number of institutions in relation to the authorization

process in respect of payment institutions, e-money and relevant exemptions under PSD2

– a major US financial services company in obtaining money transmission licenses in 48 states and ongoing compliance advice related to money transmission

– one of the world’s largest financial institutions on the initial development of its European commercial card program across 27 jurisdictions. This work included advising the client on the initial development of the program in the UK, subsequent advisory work to passport the bank’s UK license into 26 other jurisdictions, and regulatory advice on relevant mandatory law to provide the program in those countries

– a large bank on its project to offer Apple Pay to its retail and corporate customers. The project involved advising on contractual issues, ensuring the bank achieved regulatory compliance when structuring its new offering, and drafting the new customer-facing Apple Pay terms

– a challenger bank on the development of its account information service proposition which used an onward provision model

– a major technology company on the launch of a payment platform in the UAE. Including a review of the contractual arrangements with local banks and a review of the regulatory position

– a leading payment processor in negotiating its agreement with American Express for the rollout of Amex’s OptBlue merchant acquiring program

– a large European bank on the implementation of a new mobile phone payment system in Germany

– on a large PSD2 implementation and open banking projects for a number of banks, building societies and issuers

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– on a new business model for a digital foreign exchange platform and payment services for one of the best known Polish fintech companies

– Amex on the transfer of its payment card issuer business activity from its Polish entity to its foreign branch

– on a regulatory review of smartphone apps holding users payment card information (digital wallets)

Key contacts

Tony Anderson Partner


Richard JonesPartner


Brian MurphyPartner


Bob PilePartner



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Data privacy and digital identity Data protection laws, and increasing regulatory and commercial pressure on the use of information, are vital issues that impact on virtually every organization. Our substantial international team of over 110 data privacy experts advises on global and national data issues for clients of all shapes and sizes. We are proud to work with clients across their international data privacy needs.

Relevant experience includes advising: – on the review of terms of use, privacy notices and direct

marketing consent collection mechanisms, in each case relating to retail Internet banking and mobile app banking products

– on data protection risks, positioning as controller or data processor and the privacy terms and notices for merchants and app developers in relation to a new loyalty app platform aimed at the SME retailer community and deploying iBeacon technology

– on privacy issues arising from proposed implementation of cloud computing solutions including consideration of the Cloud Act, ITAR and similar issues

– clients on their GDPR and broader international data protection strategy and their associated policy and compliance program development

– on the challenges of adoption of biometric data in digital verification in Europe, the US and elsewhere

– on the implementation strategy for ensuring compliance and mitigating litigation risk under the California Consumer Privacy Act (CCPA)

Key contacts



Paula BarrettCo-Lead of Global Cybersecurity and Data Privacy


Mary Jane Wilson-BilikPartner


Alexander Sand Associate


We have advised clients on their GDPR and broader international data protection strategy and their associated policy and compliance program development.

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M&A and investments

Our team combines detailed legal experience with in-depth knowledge of local regulations and cross-border M&A transactions. Our lawyers are well versed in the unique requirements of digital transactions, including asset/share acquisitions and disposals, joint ventures, project management and cross-border advice.

Relevant experience includes advising: – Validis on the investment structure and initial early stage

fundraising in an industry-first software solution that enables high-speed transmission of financial data

– e-TaxFree on the acquisition of the entire issues share capital of e-Taxfree ordic Oy

– a large UK high street bank on the acquisition of a new software suite and connected outsourced IT services to manage the bank’s letters of credit across in excess of 35 countries around the world

– the selling shareholders of Exaxe Limited in the sale to Majesco Inc

– Fora Financial, a New York-based fintech provider of working capital to small businesses, in connection with a significant equity investment by Palladium Equity Partners, LLC

– LendingPoint LLC, a Georgia-based online consumer lender, in connection with the acquisition of LoanHero, a leading fintech platform for point of sale finance

– Channel Partners Capital, a Minnesota-based small business fintech lender, in connection with a majority equity investment from funds advised by Elliot Management Corporation

– a major payment card scheme on the acquisition of a digital services business

– a major global payments company in the creation of a multi-billion dollar joint venture with one of the largest banks, which established the largest US provider of payment card processing services to merchants. In follow-on transactions, we represented the client in the international expansion of this joint venture

– a leading payments company on its acquisition of a Silicon Valley point of sale payment acceptance technology business. This technology has become recognized as highly innovative and market-leading

– one of the world’s largest payments and fintech companies in numerous acquisitions and venture-style investments

Key contacts

Rachel BroquardPartner


Brian MurphyPartner


Mike VoynichPartner



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Consumer finance and product regulationOur deep understanding of retail finance regulatory frameworks combined with our product knowledge enables us to provide our clients with the necessary legal insights and solutions to assist them in bringing new customer propositions and digital products to market.

Relevant experience includes advising: – a UK bank on the rollout of a new consumer loans platform

which provides applicants with “a swift and engaging customer experience”. This included advising on the end-to-end KYC process, the introduction of digital signatures and the use of a third party fraud engine

– several UK banks on the redesign of terms and conditions to make them more engaging and customer focused using FAQs, interactive icons and videos, whilst remaining compliant with relevant regulation

– a challenger bank on the renegotiation of a long-term outsourcing agreement for the servicing of its customers loan portfolios

– a number of financial services clients in connection with the launch of new customer propositions, (both consumer and businesses), particularly on new digital offerings, including advising on the commercial contracts underpinning those solutions as well as the customer facing collateral

– Creditstar on its establishment of a new venture in Ireland, including associated tax and regulatory advices and preparation of legal documents required for the new platform

– two Hong Kong start-ups in respect of their application to be granted entry into the Hong Kong Securities and Futures Commission fintech regulatory sandbox

Key contacts



Naomi SewardPartner


Hannah WiniarskiSpecial Counsel


Advising several UK banks on the redesign of terms and conditions to make them more engaging and customer focused using FAQs, interactive icons and videos, while remaining compliant with relevant regulation.

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Ecommerce and consumer protectionOur experienced consumer protection team work closely with our retail finance team to ensure that our clients’ digital propositions and product offerings are straightforward, clear and comply with the regulatory requirements of consumer law.

Relevant experience includes advising: – a number of digital FX businesses on the development of a

consumer facing set of terms and conditions, and advising on the on-boarding process in the context of the UK consumer law legal framework

– a range of financial institutions on their consumer facing collateral (including website journeys and other marketing literature) and terms and conditions, advising more recently in connection with the changes introduced as part of the Consumer Rights Act 2015

– on the consumer terms and conditions used by the first Initial Coin Offering in the UK

– an international retail bank on a plain English and consumer compliant approach to all of its retail banking documents and advising on consumer law compliance of around 150 of its retail banking account documents including those applying to online banking and various app terms

– several global FS businesses, retailers and manufacturers on the use of digital signatures in major jurisdictions across Europe and Asia

Key contacts

Matthew GoughHead of Digital Financial Services and Fintech


Peter QuittmeyerPartner

T: +1 404.853.8186 [email protected]

Advising a range of financial institutions on their consumer-facing collateral (including website journeys and other marketing literature) and terms and conditions, advising more recently in connection with the changes introduced as part of the Consumer Rights Act 2015.


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Intellectual property and patentsSocial media presents its own challenges for firms seeking to send out compliant marketing to their customers. Our team can advise on all aspects, including compliance with regulatory principles, websites and cross-border promotion and financial promotions.

Relevant experience includes advising: – flagship global brands across many sectors, including financial

services, and on an international basis, to manage social media, marketing and branding issues for example, for Nationwide Building Society, Hermes Investment Management, Apple Corps (The Beatles’ record company), easyGroup (licensor of the “easyJet” brand) and Coca-Cola in relation to their extensive portfolios of material and brands

– on issues arising from social media use by tailoring marketing and advertising content, including ensuring that all social media marketing is ASA and FCA compliant (for example, advising on the FCA Guidance on Social Media and Customer Communications)

– on social media take down advice, to ensure that third party content can be quickly taken down when it is defamatory, misleading on unfair. Where needed, we have sought court orders to identify anonymous campaigners and social media users

– on ASA disputes, where social media marketing campaigns are challenged or criticized

Key contacts

Chris ChanPartner


Griff GriffinPartner


Andrew TerryPartner


Advising on issues arising from social media use by tailoring marketing and advertising content, including ensuring that all social media marketing is ASA and FCA compliant (for example, advising on the FCA Guidance on Social Media and Customer Communications).

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Contentious regulatory and financial crimeOur team, comprised of over 320 attorneys worldwide, possesses the capability to mobilize dedicated resources on a scale and speed that few firms can match. We are currently acting for firms and individuals on more than a dozen live FCA Enforcement cases, some of which are the most high-profile and significant contentious regulatory cases currently in the UK. We regularly advise major financial institutions on financial crime and fraud related issues and investigations. We also advise clients on conduct risk and claims, including remediation, complaints and consumer claims.

Relevant experience includes advising: – a financial institution under investigation that used an

automated system to find the most suitable product based on a full market analysis. The institution could not explain how the products recommended were the most suitable, other than to give a very high level explanation

– a financial institution under investigation that used an algorithm to target adverts for credit cards and loans at customers based on the likelihood of the customers meeting the eligibility criteria from information in the public domain

– a financial institution using digital technology that was under investigation regarding the quality of the customer experience, its advice and its process on an investigation into the failure of an international bank’s sanctions screening processes. We also assisted the bank with its regulatory reporting requirements

– a large global bank in respect of UK regulatory investigations into the management of dark pool trading operations

– a global investment bank in relation to investigations into misuse of electronic and algorithmic trading technology in the FX markets

Key contacts

Lewis WienerPartner


Olga GreenbergPartner


Sarah PaulPartner

T: [email protected]

Zia UllahPartner


Jake McQuittyPartner



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Technology disputes

Our dispute lawyers advise across licensing and outsourcing disputes, system outages, system procurement and implementations disputes and can advise across your needs.

Relevant experience includes advising: – a large global bank in a significant dispute with Finastra (was

Misys) relating to the delayed and defective implementation of a new, global trade finance platform

– a large global bank in relation to its recourse against Oracle arising from two incidents that led to outages and unavailability of the Bank’s customer-facing systems

– a Fortune 500 IT outsourcing company in its multi-million GBP dispute with its provider of an expenses system for several thousand employees. In response to threats to delete data, the matter involved an urgent injunction to preserve the data and delivery

– a leading investment management firm in its multi-million GBP software licensing disputes with IBM and SAP

– a Fortune 500 IT outsourcing company in its multi-million GBP three-way dispute with its sub-contractor fintech provider and our client’s UK public sector customer, relating to the threatened termination of financial systems and services being provided to our client’s customer

– a UK building society in its dispute with a fintech provider of lending solutions, regarding termination, transition and future development rights

– a German headquartered tech provider in its dispute with its JV partners relating to the joint development of mobile digital vaults

Key contacts

Ronald ZdrojeskiCo-Head of Global Litigation


Robert OwenPartner


James HydePartner


Anna HalseyCounsel


Advising a Fortune 500 IT outsourcing company in its multi-million GBP three-way dispute with its sub-contractor fintech provider and our client’s UK public sector customer, relating to the threatened termination of financial systems and services being provided to our client’s customer.

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Consulting, compliance and authorizationsOur team of consultants work in close collaboration with our legal teams bring in-depth knowledge of regulatory compliance and tech solutions to deliver audits, risk assessments, data mapping, monitoring and reporting.

Relevant experience includes advising: – Cinkciarz.pl, one of the fastest growing financial companies

in Poland, on compliance and AML/CFT issues

– on assisting the client with the mapping of its contractual documentation to the outsourcing guidelines published by the EBA

– on the implementation of a Market Abuse Surveillance RegTech Solution for a substantial investment management and advisory platform in the UK. The project included liaising with the client’s technology team and external vendor to ensure the technology was appropriately calibrated and that data reconciliations were working as designed.

– on an independently commissioned review of a firm’s Technology Enabled RegTech solution for the monitoring of certain regulatory rules pertaining to Best Execution. This included comparing data feeds used against independently sourced market figures and recalculation of system generated metrics [the s166]

– on training to various MiFID investment firms in relation to how to effectively utilize RegTech Suctions for the monitoring of Best Execution and the provision of transaction reporting data [as part of MiFID projects]

Key contacts

David SaundersPartner


Simon Collins MD of FS Regulatory Compliance


Carmen Brun Counsel


We have advised various MiFID investment firms in relation to how to effectively utilize RegTech Suctions for the monitoring of Best Execution and the provision of transaction reporting data [as part of MiFID projects].


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Competition

Enforcement of competition law has become increasingly global as competition authorities share information and coordinate their activities to tackle anti-competitive conduct across multiple jurisdictions. Eversheds Sutherland’s antitrust attorneys work to ensure that our clients’ business plans comply with antitrust and competition laws.

Relevant experience includes advising: – a main party to the first competition enforcement case

conducted by the Payment Systems Regulator

– a major bank on the creation of its new digital platform for current accounts

– one of the ‘CMA 9’ banks on the implementation of Open Banking (including liaising with the Open Banking Trustee and the CMA)

– a major international investment bank / card-acquirer on the establishment of a strategic global partnership with a digital payments specialist (providing competition law advice across multiple jurisdictions in Europe and Asia)

– a consortium of banks on the establishment of a joint venture to create a digital platform in order to comply with new EU forms of regulation

– an interbank payment scheme on its responses to the Payment Systems Regulator’s Payments Strategy Forum

– an insurance company on its relationship with a digital intermediary including the use of most-favored nation clauses

– various clients on e-commerce strategy and the distribution of products and services through online platforms

– various banks and building societies in obtaining merger control clearance for a variety of acquisitions and mergers including clearance in relation to fintech acquisitions

Key contacts

Jeffrey BialosPartner


Mark HerlachPartner


Julia Woodward-CarltonPartner


Peter HarperPartner


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Robo advice and electronic brokerageWe regularly advise robo advisers on how to comply with the US federal securities laws, including the Investment Advisers Act and the Investment Company Act. Among other things, we help robo advisers with respect to their electronic interfaces, disclosures, portfolio management practices, proxy voting, fiduciary obligations, books and records, and Investment Company Act status issues.

Relevant experience includes advising: – a large US-based fund manager on the development

of an exchange-traded fund that would be publicly traded and invest exclusively in certain cryptocurrencies

– a large US-based fund manager on the development of a publicly traded investment company, where all transactions would be recorded and verified over a blockchain

– a large US-based commercial company on the development and issuance of a securities token offering distributed to US investors on a private placement basis and traded over a blockchain

– broker-dealers and investment advisers in SEC and FINRA examinations and investigations regarding fintech issues, including email configuration and retention, trade reporting, asset billing, suitability reviews and securities/fund valuations

– various clients launch a robo adviser

– a large national bank acquires a robo adviser

– a super-regional bank in drafting an opinion under Rule 3a-4 under the Investment Company Act regarding the investment company status of a robo advisory program

– various clients to launch UMA, SMA and financial planning services via a robo adviser platform

Key contacts

Cindy BeyeaPartner


Jamie CainPartner


Michael KofflerPartner


Brian RubinPartner


Holly SmithPartner



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Fintech licensing and complianceWe represent venture-capital backed start-ups, data aggregators, software services providers and banks on the licensing requirements and the applicable federal and state regulatory requirements with respect to the launch of new financial products.

Relevant experience includes advising: – a mobile technology company in connection with the

roll-out of a payments platform that will permit retail customers to make peer-to-peer payments, pay merchants and load funds to their accounts. Assistance encompasses state licensing requirements, the development of appropriate BSA/AML/OFAC compliance policies and controls, and cybersecurity and privacy rules.

– a top-five retail broker dealer with respect to federal and state registration, licensing and compliance issues with respect to the launch of a cryptocurrency trading subsidiary.

– a global software services provider with 49-state money transmitter licensing and compliance issues relating to the provision of payroll services to small businesses and accountants. Advised on the development of an appropriate BSA/AML/OFAC compliance policies and controls and cybersecurity and privacy issues.

– a marketplace lender in connection with a bank partnership involving the offering of installment loans to consumers.

– a major regional bank with respect to its partnership with a technology company offering an on-line platform for originating small business loans.

– a data aggregator and leading provider of wealth management software and services to financial advisors and institutions with respect to licensing and registration issues in connection with the launch of a technology platform offering secured and unsecured loans to private wealth clients.

– a global provider of legal and accounting software with respect to a bank partnership relating to the offering of payroll services to accounting firms.

– a global payment processor in obtaining state money transmitter licenses in connection with its merchant acquiring activities, including in New York and California. Developed BSA/AML/OFAC compliance policies and cybersecurity compliance framework.

– a venture-backed cryptocurrency issuer with respect to and state registration, licensing and compliance issues with respect to the launch of a new stable coin.

– a marketplace lender on “true-lender” risks in connection with their partnership with a bank with respect to the offering of short-term installment loans to consumers.

Key contacts



Hannah WiniarskiSpecial Counsel


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Bank secrecy act/anti-money laundering/office of foreign assets controlWe represent venture-capital backed start-ups, software services providers and mobile technology companies in the development of BSA/AML/OFAC policies, procedures and controls and related risk assessments with respect to a broad range of financial services products; SARs filing requirements (including relating to cybersecurity breach attempts); and related enforcement inquiries.

Relevant experience includes advising: – a mobile technology company with respect on the

development of appropriate BSA/AML/OFAC compliance policies and controls with respect to a payments platform that will permit retail customers to make peer-to-peer payments, pay merchants and load funds to their accounts.

– a venture-backed cryptocurrency issuer with respect to BSA/AML/OFAC compliance policies with respect to the launch of a new stable coin.

– advised a global software services provider on the development of an appropriate BSA/AML/OFAC compliance policies, procedures and controls and cybersecurity and privacy issues.

– a global payment processor in developing BSA/AML/OFAC compliance policies and related risk assessments.

Key contacts



Mark HerlachPartner



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Awards and accolades

CLIENT SERVICE

All-Stars2017

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Vincent DenoyellePartner

T: +33 1 55 73 42 [email protected]

Deborah HuttonPartner


Carola RathkePartner


Lutz SchreiberPartner


Gerard RyanPartner


Vesa TurkkiPartner


Tomasz ZalewskiPartner


Wider international team

Europe


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The Middle East Asia

Nasser ali KhasawnehCo-Head of Global TMT


Erica Werneman Senior Associate


Roderick LaiConsultant


Rhys McWhirterConsultant

T: +852 2186 [email protected]

Duncan WattConsultant

T: +852 2186 [email protected]

eversheds-sutherland.com© Eversheds Sutherland 2020. All rights reserved. Eversheds Sutherland (International) LLP is part of a global legal practice, operating through various separate and distinct legal entities, under Eversheds Sutherland. For a full description of the structure and a list of offices, visit www.eversheds-sutherland.com. US10118_021920

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Global connections Our Digital Financial Services and ...€¦ · Global connections Our Digital Financial Services and Fintech capability 7 Cybersecurity Our partners have practical