Jeff Silberman is co-chair of the firm’s Financial Services Group and co-lead of our Fintech practice, where he provides business-oriented and strategic advice to fintech companies and financial institutions.

​​​Jeff’s focus includes bank/fintech partnerships, online and app-based financial services, digital assets and blockchain based payment systems, marketplace business models, and capital markets matters. He has extensive experience negotiating commercial and strategic relationships in highly regulated markets and is known for advising financial institutions and high-growth companies on the various legal, regulatory, and operational complexities associated with financial infrastructure, digital-first financial products, Software-as-a-Service (SaaS) and licensing arrangements, and the adoption and scale of online, app, and cloud-based business models.

Jeff regularly acts as external general counsel advising early and growth stage startups, as well as incumbent fintech companies and financial institutions, on all areas affecting their organizations. He works closely with senior management and boards of directors to provide practical legal and business advice.

Jeff has over two decades of legal experience in the fintech, financial services, and capital markets space, including nine years as in-house and general counsel at prominent fintech and financial services companies. Prior to joining Morrison Foerster, he served as global co-chair of the fintech practice at another leading international firm.

Representative Experience

Fintech

• Represent an international B2B e-commerce marketplace in transactional and regulatory matters related to integrated financial products and payment services.
• Represented a public fintech company in its initial and additional bank sponsorships, including negotiation of program management, processor, network, and other third-party agreements and arrangements.
• Represent a global cryptocurrency exchange in the creation and support of domestic and cross-border payment products.
• Represent a U.S. challenger bank in the creation of its platform, including a sponsor bank, processing, card network, and other third-party service provider agreements.
• Represented an app-based investment adviser in its formation and registration of an RIA and commercial relationships with executing broker-dealers and other supporting service providers.
• Represented a fintech platform on its mobile solar loan application, loan origination, and forward flow facility.
• Represented a leading fintech platform in the negotiation and execution of master service agreements integrating its technology with marketplace lenders and online small business lenders.
• Represent various blockchain-based service providers, DAOs, and cryptocurrency exchanges in product creation and associated digital asset regulatory considerations.
• Represented a SaaS platform in the creation and negotiation of master service agreements for broker-dealer, asset manager, and insurance company integrations.
• Advised a digital asset advisory boutique in its regulatory matters.
• Counseled an income share agreement platform in various forward flow purchase agreements.
• Represented a point-of-sale finance platform offering consumer loans, deposit accounts, and debit cards in its sponsor bank relationship, processor, and related third-party service provider agreements.

• Represented a cloud-based voice trading and data collection platform in strategic partnerships and integrations with a global investment bank and other broker-dealer integrations.
• Negotiated strategic partnerships, joint ventures and service agreements on behalf of a leading Lending-as-a-Service fintech platform.
• Counseled a digital point of sale finance platform in the creation of forward flow relationships for the sale of consumer loans.
• Represented a leading fintech lending platform in the creation of forward flow facilities for consumer loans.

Financial Institutions

• Advised several U.S. banks on their core systems and various technology integrations to support direct and sponsored business units.

• Represented a top U.S. bank in the structuring of its online wealth management platform, and related fintech integrations.
• Represented several sponsor banks entering the Banking-as-a-Service space, including creation of program documentation, issuer processor arrangements, and other key third-party service provider arrangements.
• Advised a growth stage venture capital fund in its Series C investment in a fintech platform focused on mortgage loan origination.
• Counseled a U.S. bank evaluating digital lending business models, and the due diligence and creation of vendor relationships with fintech service providers.
• Advised multiple credit unions in the origination and sale of digitally originated whole loans and loan participations.
• Represent a broker-dealer in the expansion of its platform to enable online transactions.
• Advised a growth stage venture capital fund in its Series B investment in a fintech platform offering AI solutions to reduce losses in auto, mortgage, and retail lending.
• Represent a broker-dealer establishing its Capital Acquisition Broker registration.
• Represented a New York based broker-dealer in fintech and trading system licensing matters.
• Counseled a regional bank in the creation of its digital lending platform, including creation of related disclosure documents, loan agreements, and internal operating procedures.
• Provided general counsel in corporate and strategic matters, to NY based broker dealer including establishment of new business lines, FINRA continuing membership applications, technology and other vendor licensing and service agreements, and general employment matters.