Leading From the Front

We are among the leading law firms in the payments industry, having worked closely with clients on every major legislative and regulatory initiative affecting financial services and payment systems since the mid-1970s. And, that leadership position extends to the emerging mobile payments industry.

Mobile Payments: The Opportunity

Mobile payments are estimated to put more than $20 billion in play for our clients through new revenue opportunities1 over the near term, yet the legal risks and challenges could be equally substantial.

Our Global Cross-Practice Mobile Payments Capabilities

Our global network of lawyers located in the firm's Washington, D.C., New York, Los Angeles, and San Francisco offices, and our international offices in Hong Kong, Shanghai, Beijing, Tokyo, London, and Brussels are committed to helping clients navigate the challenges and opportunities in the emerging mobile payments industry.

MoFo's mobile payments capabilities span numerous practice areas including corporate, M&A, privacy and data security, financial services (including banking and financial services and financial institutions and financial services), intellectual property, compliance and litigation (including anti-corruption, anti-money laundering, and investigations), technology transactions and global outsourcing and cover:

  • Compliance programs focused on recognizing, managing and reducing the legal and commercial risks associated with mobility for a client's products and services
  • Consumer interactions, advertising and development
  • Contracting and partnerships
  • Corporate and M&A transactions
  • Cross-border issues including litigation, anti-corruption, anti-money laundering, and internal investigations
  • Data security and multifactor authentication
  • Federal regulatory issues in mobile financial transactions including money transmission
  • Intellectual property
  • Mobile apps
  • Mobile banking and remote deposit capture
  • Payment processing and transactions
  • Privacy and data use, and
  • Technology Transactions and Outsourcing.

Clients We Serve in the Mobile Payments Space

We serve a broad range of players in the mobile payments landscape—banks, credit card companies, transaction processors, payments cooperatives, technology firms, governments, and nonbanks—on a diverse set of strategic legal issues.  With these multiple industry stakeholders establishing new business models and delivery methods, regulation is not one size fits all.  Depending on the mobile payment business model, the need and level of regulatory oversight might differ. We offer stakeholders the full scope of regulatory guidance in connection with services required to operate at any point in the mobile payment process.

Mobile Payments: Issues We Address

We have been at the forefront of new legislation in the payments industry for the past four decades and have extensive experience addressing the legal issues facing mobile payments initiatives including:

  • Implementing mobile payment systems
  • Structuring, documenting and negotiating technology license and services agreement in connection with the development of a mobile payments processing platform
  • Defining the role of traditional payment networks in the mobile space
  • Developing mobile wallets across diverse technology platforms
  • Resolving issues relating to mobile card acceptance
  • Advising on all forms of Internet, mobile, and contactless payments

We have advised clients on regulatory issues encompassing a wide range of legislation affecting the payment industry on both federal and state levels, including:

  • Electronic Fund Transfer Act and Regulation E
  • Truth in Lending Act and Regulation Z
  • Bank Secrecy Act and FinCEN regulations and guidance
  • Gramm-Leach-Bliley Act privacy and data security issues
  • Federal Deposit Insurance Act
  • Payment network rules (including card brands and ACH)
  • State licensed lender, loan broker, and other consumer financial protection laws
  • State money transmitter, payment instrument, and check seller laws
  • State gift card laws
  • State unclaimed property laws
  • State PUC regulations governing billing of third-party services to mobile bills
  • FCC Truth in Billing

 

1  Dialing up a Storm: How Mobile Payments Will Create the Most Significant Revenue Opportunities of the Decade for Financial Institutions (PwC).

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MoFo Tech Fall/Winter 2013 - Mobile Payments Datagram
Features: Mobile Payments Datagram


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"Morrison & Foerster ... is rightly regarded as a market leader for matters pertaining to credit cards and payment systems."
(Chambers USA 2012)

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