Our Electronic Transactions Processing Group serves as the trusted legal advisor to a wide array of merchant acquirers. Because our clients routinely face legal challenges in protecting and growing their merchant portfolios, they have come to rely upon us to help protect them from the hidden time bombs that exist in processing and other vendor agreements, and from unsavory competitors seeking to trade upon their goodwill or to convert their merchants.
Our merchant acquiring clients also know that they are subject to a myriad of fast-changing regulatory issues and they trust us to keep them up-to-date and compliant with card association rules and Federal and state regulatory requirements.
Equally important, our clients regularly face legal and business issues that go beyond the complexities of the electronic transactions industry. They require spot-on legal representation to protect the fruits of their labors when they, for example, seek to:
- pursue and effectuate plans to raise capital;
- acquire companies and merchant portfolios;
- develop and implement exit and transition strategies;
- hire and retain key personnel; and
- formulate effective tax planning strategies.
Because our group operates within a larger corporate and commercial firm, we are uniquely qualified to provide sophisticated guidance in each of these areas, in a way that is tailored to our ET clients.
We recognize that new technology and an evolving regulatory framework require that our clients anticipate and react quickly to changes in the market in order to capitalize on business opportunities. We therefore understand the urgency that accompanies each client inquiry, and that is why we respond quickly and thoughtfully to each inquiry. Our clients generally do not have an in-house legal team at their disposal, but they know that, as their legal adviser, we're "just down the hall," ready to take on any assignment.
Here's a cross-section of the types of electronic transactions matters with which we help our clients:
- Preparation and negotiation of sales agent agreements, including master agent arrangements;
- Preparation and negotiation of processing, BIN/ICA and related merchant service agreements;
- Preparation and negotiation of vendor reseller and referral agreements;
- Residual buyback arrangements;
- Merchant advance, split funding and related participation and referral programs;
- Purchase and sale of merchant portfolios;
- Mergers and acquisitions, including gateway, mobile and other payment application and sales engine acquisitions;
- New merchant and sales agent programs, including merchant benefit clubs, free equipment programs, and agent revenue sharing and bonus programs;
- PCI DSS compliance programs;
- Card association rules and regulatory compliance;
- Private label programs;
- Loyalty, gift, stored value and prepaid programs;
- Cloud computing systems;
- Privacy policies, including Gramm-Leach-Bliley Act and state equivalent compliance;
- Equipment deployment/fulfillment programs;
- Fair Credit Reporting Act and state equivalent compliance;
- Federal Trade Commission Act and state equivalent compliance;
- Telemarketing and Consumer Fraud and Abuse Prevention Act, Telephone Consumer Protection Act and state equivalent compliance; and
- CAN-SPAM Act and state equivalent compliance
We're not a big fan of slogans, but we really do view our clients' success as our success.
David A. Greenberg (Chair)
Elizabeth A. Brower - Member
Howard D. Komisar - Member
Matthew J. Heiser - Counsel