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Financial technology is driving rapid change in the financial services industry and in the way we spend, save, transfer and invest our money. Kaye Scholer’s deep experience with emerging growth and expanding companies extends to all industries in the global economy where novel technologies and business models are reshaping the market. We are committed to advising all the players in this evolving area, including public and venture-backed FinTech businesses, financial institutions, venture capital firms, funds and card associations, in order to help them mitigate risks and identify and take advantage of opportunities. 

In the Market

Capabilities: How We Do It

We offer sophisticated counsel in a broad range of areas, including:

  • Corporate, Venture, IPOs & M&A: Represent FinTech companies in the negotiation of venture rounds, initial public offerings, mergers, stock, asset and whole-business acquisitions, and other transactions involving changes in corporate control, as well as advise on general corporate advice, SEC reporting and compliance, and the issuances of registered and exempt securities.
  • Marketplace Lending: Represent major financial institutions acting as lenders, structuring agents and initial purchasers in warehouse lending facilities to fund purchases of marketplace loans and in securitization transactions backed by marketplace loans.
  • State and Federal Regulatory Matters: Advise clients on financial and payment system regulation, consumer and commercial lending regulation, start-up regulations in connection to state lender licensing laws and money transmitter laws, and CFPB, FTC, FinCEN, SEC, CFTC, OFAC, and bank regulatory laws and regulations.
  • Virtual Currency: Counsel companies that are developing fundamental financial businesses for the virtual currency ecosystem, specifically advising on the creation of the first bitcoin ETF and one of the first US regulated bitcoin exchanges; routinely advises funds and banks on “virtual currency” related matters.
  • Exchange-Traded Funds: Assist clients with regulatory, structural, operational, trading, listing and compliance issues related to ETFs, open-end investment companies and UITs registered under the 1940 Act, liquid alternatives, derivative securities and the licensing of financial indexes and services for use with those products.
  • Emerging Growth: Represent and partner with next generation financial technology and payments companies across the FinTech industries, including lending exchanges, payments, point of sale, personal financial management, virtual currency and SaaS.
  • Technology & Digital Transactions: Help market leaders and innovators in the FinTech, mobile, eCommerce, and SaaS sectors, among many others; execute transactions related to the development, acquisition, licensing, sourcing and integration of complex technologies, systems and software.
  • Cybersecurity & Privacy: Ensure that payment systems and technologies are both inherently secure and that they provide security and privacy for customers; provide strategic advice to resolve complex cybersecurity issues at the intersection of law, security, policy, technology, innovation and economics.
  • Antitrust and Other Litigation Matters: Perform antitrust reviews of mergers and anticompetitive conduct in these markets, as well as labor and employee benefits matters.
  • International: Advise on potential FinTech structures to raise debt and equity and international structuring of financial technology.