News & Analysis as of

Due Diligence FinTech

Morrison & Foerster LLP

The FTC Gives the Merchant of Record Model a Paddling

The Federal Trade Commission (FTC) recently settled an enforcement action with Paddle.com, a U.K.-based payments company, and its U.S. subsidiary (“Paddle”). The settlement resolves claims against Paddle for violation of the...more

Carey Olsen

Introducing CARF - the OECD's Crypto-Asset Reporting Framework

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The recent proliferation of crypto-assets and its uses have transformed the international financial landscape, offering innovative opportunities for payments, investment and Decentralised Finance (DeFi). At the heart of it,...more

Ankura

Banking Industry Outlook: Potential Surge in Banking Mergers and Acquisitions

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Mergers and acquisitions continue to be a critical strategy for banks aiming to bolster their market presence and operational efficiency. The United States has 4,500+ banks, 4,000+ credit unions, and a large number of...more

The Volkov Law Group

Episode 373 -- Christian Focacci on Current Developments in AI and Risk Management

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Is AI a magic bullet - or just another tool in the compliance toolkit? What really happens when you let algorithms near your risk decisions? In this episode of Corruption, Crime and Compliance, Christian Focacci, founder...more

Goodwin

Exclusivity Provisions: Fintechs Need an Active Backup Bank

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Virtually every bank’s form lending program agreement we’ve negotiated for our fintech clients has come with an exclusivity provision.  The bank’s policy behind them is simple: We’ve put in the time, effort, expertise...more

HaystackID

Charlie Javice Convicted in Fraud Case with JPMorgan Chase

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In a legal saga that drew the attention of Wall Street and Silicon Valley, a jury in Manhattan rendered a verdict convicting Charlie Javice and Olivier Amar on all charges of fraud and conspiracy in the $175 million...more

Venable LLP

Navigating Financial Services M&A: Observations from Regulatory Due Diligence

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As we move into 2025, anticipation in the financial services industry continues to build for a revitalized mergers and acquisitions (M&A) market. ...more

Sheppard Mullin Richter & Hampton LLP

Trade Group Calls for Clarity on Ohio Fintech Guidance

On January 14, 2025, the American Fintech Council (AFC) submitted a letter to the Ohio Department of Financial Institutions, urging it to re-examine its recent guidance on responsible bank partnerships and provide more...more

Foley & Lardner LLP

Thorny Laws That ICHRA Vendors Should Consider, Part 2

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As summarized in our prior article on this topic, individual coverage health reimbursement arrangements (ICHRAs) are gaining popularity and constituting a larger part of the overall employer-provided health coverage market. ...more

Conyers

International Sanctions Requirements for Virtual Asset Service Providers: a Cayman Perspective

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As the war continues to rage on the Eastern front between Russia and Ukraine, the financial sanctions resulting from the initial invasions and ongoing conflict seem likely to continue to play a significant part in the global...more

Ankura

Banking as a Service: How Strong Is Your Financial Crime Compliance Partnership?

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The growth in partnerships between banks and Fintech companies through Banking as a Service (BaaS) models presents significant opportunities for innovation across the financial services sector. However, these collaborations...more

Guidepost Solutions LLC

Crypto Crackdown: 8 Key BSA/AML Fundamentals for FinTechs

In June 2024, multiple state regulators took joint action against Plutus Financial, Inc (Abra) ordering Abra to cease and desist certain operations in the U.S. and reimburse customers of virtual assets valued at $81.1 million...more

StoneTurn

5 Positive Investment Trends for Latin America & Mitigating Risk in 2024

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In 2024, Latin America stands out as an optimal destination for investors, marked by a series of positive developments. From tax reforms to lower interest rates, these elements together sketch a promising picture for those...more

Ballard Spahr LLP

Federal Banking Agencies Issue Guide to Third-Party Risk Management Practices for Community Banks

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On May 3, 2024, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the Federal Deposit Insurance Corporation (“FDIC”), and the Office of the Comptroller of the Currency (“OCC”) jointly released the...more

Goodwin

15 Questions Fintechs Should Ask Potential Bank Partners in Due Diligence

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Out of recent banking agency focus on fintech-bank partnership arrangements, we’ve had a number of fintech clients inquire about the questions they should ask potential bank partners in due diligence. This Fintech Flash...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2023

A federal court has issued an order granting an injunction that delays the compliance dates for the CFPB’s final rule governing the collection of small business lending data required by Section 1071 of the Dodd-Frank Wall...more

Goodwin

The Fintech Deal Long Pole: License Change of Controls

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In this edition of Fintech Flash, we discuss important things you should know about the change of control requirements when acquiring a fintech company with state lender, loan broker, debt collector, or money transmitter...more

Walkers

What can we learn from recent enforcement actions in the Cayman Islands?

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Walkers' regulatory partners Lucy Frew and Ian Mason consider the learning points for financial services providers (FSPs) from recent enforcement actions by Cayman regulatory bodies. While financial services and related...more

McGlinchey Stafford

Interagency Guidance on Risks Associated with a Third-Party Relationship

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On June 6, 2023, the Board of the Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (collectively, Agencies) issued...more

Pillsbury Winthrop Shaw Pittman LLP

Bank-Fintech Partnerships and Fair Lending: Top Areas at Risk for Government Scrutiny

The Federal Deposit Insurance Corporation (FDIC) recently published a consent order issued against Cross River Bank that alleged the bank’s fair lending program’s noncompliance and weaknesses in its oversight of fintech...more

Davis Wright Tremaine LLP

The Recipe for a Strong Bank-Fintech Partnership Agreement

Bank partnerships are a critical component of the U.S. fintech ecosystem and infrastructure. The agreements that govern bank-fintech partnerships are nevertheless frequently overlooked simply as a legal formality—a...more

Troutman Pepper Locke

Commercial Financing Regulatory Developments - The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and his colleagues Associates Caleb Rosenberg and Josh McBeain as they discuss commercial financing regulatory developments, specifically what is happening in both legislatures...more

Ankura

FinTech Compliance Solutions in the UAE. Revolutionary or Risky?

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The UAE is the Middle East’s leading financial center and a global hub for trade, particularly in gold and precious metals. This large presence within the global financial system makes it a target for financial crime,...more

Morgan Lewis

What’s Driving the Future of Asia’s Tech Scene: Key Trends and Regulatory Updates

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Heading into 2023, Asia’s tech scene is well-positioned for strong growth potential. As with any industry where advancement and innovation are outpacing regulation, the complex landscape can be difficult for businesses to...more

Goodwin

Agencies Release Guide for Community Banks Conducting Due Diligence on Fintech Companies

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In August 2021, the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the Board of Governors of the Federal Reserve System (the Federal Reserve and, collectively with the...more

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