Global Fintech and Digital Assets

LEADERS

Overview

Fintech presents opportunities for companies in virtually every sector of the economy. With these opportunities come requirements, risks and expectations that may be unfamiliar, and for which companies may be unprepared. The pace of innovation has further amplified the challenges and can threaten the viability of these ventures.

Gibson Dunn recognizes the strategic imperative facing both new market entrants and incumbent players in fintech. In response, we have developed a market-leading offering that brings together a diverse set of capabilities—advisory, transactional, policy, and supervision and enforcement—which, when deployed together, enable our clients to accelerate growth seamlessly around the world.

Ours is a team with diverse backgrounds and deep experience. It has unparalleled depth based on experience in private practice, in-house and at senior levels of government, including at FinCEN, the Securities and Exchange Commission, the Department of Justice, the Commodity Futures Trading Commission, the Office of Foreign Asset Control, the New York Department of Financial Services and other state agencies. This range of perspectives allows us to offer comprehensive strategic insights that address the needs of our clients, while balancing the expectations of their regulators and other stakeholders.

We are well-positioned to advocate for our clients before administrative agencies, legislative bodies, and tribunals around the world, and to help our clients navigate new developments and develop sustainable regulatory strategies that enable them to grow their businesses and offer their products and services globally.

Our lawyers deliver advice seamlessly around the world. They have a current, substantive and technical understanding that sets them apart. Our multijurisdictional and multidisciplinary practice allows us to be nimble and provide unparalleled legal, regulatory, transactional, investigatory and litigation support throughout the world, including in jurisdictions critical to the fintech ecosystem, including the United States, Singapore, Hong Kong, the Middle East, the United Kingdom and the European Union.

Clients benefit from our deep understanding of regulators across critical markets. Our lawyers’ advice is informed by prior service in government, whether as senior federal and state regulators, as federal prosecutors, or in other high-ranking positions. This experience and in-depth knowledge of governmental agencies positions our clients to develop and execute on proactive regulatory strategies. Should matters turn contentious, we are poised to respond to the most complex investigation and enforcement actions brought by regulators in critical markets, whether in the United States, Europe or Asia.

We have effectively defended significant matters before the New York State Department of Financial Services, the Federal Reserve, the Office of the Comptroller of the Currency, the U.S. Department of Justice, FinCEN, the Commodity Futures Trading Commission, the Securities and Exchange Commission, and the Consumer Financial Protection Bureau. Our experience also includes matters before the Financial Conduct Authority of the United Kingdom, the Securities and Futures Commission of Hong Kong, the Hong Kong Monetary Authority, the Monetary Authority of Singapore, the German Federal Financial Supervisory Authority, and the European Central Bank.

Significantly, we are able to translate market insights into actionable policy goals. The future of fintech is being decided in the halls of legislatures and in related institutions, and it is critical that we support our clients. We have the insight and relationships that enable our clients to engage actively in the policy dialogue, whether in the legislative or the regulatory sphere. In addition to facilitating engagement with policymakers, we can help maximize those opportunities by translating market insights into content more readily consumed by policy-oriented audiences.

We coordinate with specialists across our premier platform. Fintech is inherently interdisciplinary, and support for fintech clients demands unparalleled depth across various domains. To meet these needs, members of the team work closely with lawyers across our firm and, in some cases, are also members of companion practices, which include Artificial Intelligence, Derivatives, Global Financial Regulatory, Privacy, Cybersecurity, and Data Innovation, Public Policy, and White Collar Defense and Investigations.

EXPERIENCE & RECENT REPRESENTATIONS

  • Representing multiple global cryptocurrency exchanges in connection with multi-U.S. and international agency investigations (including NYDFS) and regulatory advice implicating novel questions regarding application of regulatory requirements to crypto ecosystem.
  • Advising global cryptocurrency exchange on development of NFT marketplace and hosting services and related regulatory questions.
  • Successfully reversed Multi-State Report of Examination findings through white paper rebutting blockchain tracing methodology.
  • Representing a cryptocurrency exchange on regulatory and transactional matters relating to tax, derivatives, commodities, and sanctions.
  • Representing a financial services company in connection with developing a blockchain-based platform relating to the trading of certain financial instruments, including working to set up a de novo bank with the OCC.
  • Representing multiple cryptocurrency exchanges in criminal and federal government investigations, including Bank Secrecy Act, sanctions, CFTC and SEC issues, state money transmitter issues, and cybersecurity matters.
  • Representing a financial services company in connection with analyzing and obtaining state money transmitter licenses in connection with a digital assets business.
  • Representing a cryptocurrency exchange with regulatory and transactional matters in connection with its launch to U.S. persons. This representation included advice related to money transmitter licenses and meetings before the CFTC, SEC, and OCC staff.
  • Advising KKR in relation to a series D financing for Paddle.com, a provider of complete payments infrastructure.
  • Advising Motive Partners on the acquisition, with Clearlake Capital Group L.P., of BETA+ wealth management data and analytics assets from the London Stock Exchange Group.
  • Advising a global fintech and payments company in relation to all aspects of its compliance with US, EU and UK sanctions relating to Russia.
  • Advising a venture capital firm in relation to its Series C investment into Railsr, an embedded finance platform providing banking, wallets, cards, credit and rewards.
  • Providing regulatory advice to an online wealth management platform in relation to robo-adviser issues.
  • Advising global media company on implementation of virtual assets payments model under state, U.S., and international regulatory frameworks.
  • Advising a multinational financial services company on regulatory matters related to digital asset custody, including in connection with obtaining a NYDFS trust company charter.
  • Advising a multinational corporation on regulatory and transactional matters relating to the acceptance of cryptocurrency as payment for goods, including advice regarding and negotiations with a third-party cryptocurrency payment processor.
  • Advising multiple global clients on federal and state money transmitter issues and registration.
  • Advising a multinational corporation on regulatory and transactional matters regarding the launch of a promotional NFT.
  • Advising a luxury brand on regulatory matters regarding the auction of exclusive NFTs.
  • Advising a financial services company on custody and regulatory matters related to NFTs.
  • Advising multiple media and technology companies on regulatory considerations and risks related to NFTs.
  • Advising a private equity investor on the acquisition of an NFT platform.
  • Advising a client on regulatory and transactional matters involving a sponsorship opportunity related to NFTs.
  • Advising a cryptocurrency exchange client on regulatory matters related to the launch of an NFT platform.
  • Advising a mobile payments company in connection with corporate matters and regulatory matters related to cryptocurrencies.
  • Representing a decentralized blockchain infrastructure provider with corporate, securities, tax, and transactional matters.
  • Representing private equity and venture fund managers in connection with investments in cryptocurrency and blockchain related busines
  • Advising a commercial bank in connection with cross-border payments matters.
  • Advising an Asian private equity firm on the purchase and exercise of digital asset rights and the sale of digital assets.
  • Advising multiple media and technology companies on regulatory considerations and risks related to NFTs.
  • Advising an index benchmark provider on regulatory analysis of digital assets in connection with the launch and maintenance of a cryptocurrency index.

RECENT PUBLICATIONS

Gibson Dunn Digital Assets Recent Updates – March 2024

-March 29, 2024

Gibson Dunn Digital Assets Recent Updates – February 2024

-February 13, 2024

Top 12 Developments in Anti-Money Laundering Enforcement in 2023

-February 2, 2024

Gibson Dunn Digital Assets Recent Updates – December 2023

-December 14, 2023

Gibson Dunn Recognized in Chambers FinTech 2024

-December 6, 2023

Gibson Dunn Announces the Launch of Global Fintech and Digital Assets Practice Group

-November 13, 2023

Gibson Dunn Digital Assets Recent Updates – November 2023

-November 6, 2023

Gibson Dunn Digital Assets Recent Updates – September 2023

-September 18, 2023

Lummis-Gillibrand Responsible Financial Innovation Act: An Overview of New Provisions in the Reintroduced Bill

-August 22, 2023

Gibson Dunn Digital Assets Recent Updates – August 2023

-August 22, 2023

Law360 Names Ella Alves Capone a 2023 Fintech Rising Star

-July 10, 2023

Gibson Dunn Digital Assets Recent Updates – July 2023

-July 6, 2023

MiCA – Crossing the Rubicon for Cryptoasset Regulation in the EU

-June 27, 2023

Law360 Names Five Gibson Dunn Lawyers as 2023 Rising Stars

-June 20, 2023

NYDFS’ Virtual Currency Oversight Plan Lacks Clarity

-June 14, 2023

New Hong Kong Regulatory Requirements and Licensing Regime for Virtual Asset Trading Platforms Finalised as Legislation Takes Effect

-June 7, 2023

Agencies Release Reports Detailing Supervision and Regulation of Silicon Valley Bank and Signature Bank

-May 16, 2023

FSOC Proposes Overhauling Its Standards for Designating Nonbank Companies as Systemically Important

-April 25, 2023

Gibson Dunn Adds Two Partners to FinTech and Financial Institutions Practices

-March 27, 2023

New INFORM Consumers Act Imposes Seller Diligence and Disclosure Requirements for Online Marketplaces

-January 5, 2023