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Payments

As a payments attorney, Brian has represented businesses and individuals in a variety of payment processing relationships and roles, including merchants, payment processors, ISOs, and third-party senders. As General Counsel for one of the largest third-party senders in the US, he developed specialized expertise in facilitating commercial goals while protecting legal and compliance interests in ACH, credit/debit card, and Check21 transactions.

Brian represents clients in complex payments contract negotiations ranging from merchant agreements to sponsorship agreements. As a former criminal prosecutor and Litigation Partner in a large international law firm, Brian also has significant bench and jury trial experience from which his clients benefit by being able to identify and avoid traps during contract negotiations and in those unfortunate instances where litigation is unavoidable.

With an insider’s in-depth knowledge of the payments industry, coupled with his established litigation track record in financial services, Brian can help you minimize professional and financial risk.

Brian regularly works with clients on matters relating to payment processing and merchant transactions, including:

  • Drafting, negotiating, and enforcing agreements between merchants, banks, processors, and other financial services and payment processing parties and vendors, including ISVs, payment facilitators, and ISOs

  • Compliance with state and federal money transmitter license requirements

  • Developing policies and best practices for monitoring and managing risk with merchants

  • Defense of merchants and payment processors in matters relating to reserve accounts and third-party claims

  • Responding to investigations, requests for information, and government subpoenas

  • Implementation of litigation holds and Temporary Restraining Orders (TRO)

  • Anti-Money Laundering (AML) policy drafting

  • Negotiating reseller, ISV and ISO agreements

  • Compliance with Visa and MasterCard Rules

  • NACHA and Bank Secrecy Act regulatory compliance

  • Responding to UCC liens on payment processing proceeds and reserve accounts

  • Opposing turnover motions in bankruptcy proceedings

  • Purchase and assignment contracts relating to reseller residual streams

  • BIN/ICA assignment and assumption agreements

  • Helping high-risk merchants secure payment processing services