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Fintech: An Introduction by White & Case LLP

Contributing authors: Steven R. Chabinsky; Adam Chernichaw; Carsten Loesing; Kevin L. Petrasic; Guy Potel and Hyder Jumabhoy.

Steven R. Chabinsky - Partner, New York

Steve is the Chair of the Firm's Global Data, Privacy & Cybersecurity Practice. Steve advises the officers and directors of domestic and international businesses on a wide range of issues, including privacy and cybersecurity compliance, incident response, and government and internal investigations. He previously served as a member of the White House Commission on Enhancing National Cybersecurity by Presidential appointment, the General Counsel and Chief Risk Officer of CrowdStrike, and the Deputy Assistant Director of the FBI Cyber Division.  

Adam Chernichaw - Partner, New York

Adam advises clients in structuring complex, innovative and transformative technology and service transactions to help execute their strategic goals across multiple jurisdictions. Adam has extensive experience in payments, joint venture and outsourcing transactions. His advisory work spans classical and innovative transaction structures within traditional, cloud, mobile and hybrid technology environments.  For over fifteen years, Adam has had a particular focus in the fintech sector, representing both buy-side and sell-side institutions and users of fintech products and services.

Carsten Loesing - Local Partner, Hamburg

Carsten advises national and international banks, financial services firms and fintech companies in areas such as crowdfunding, robo-advice and payments. He is an expert in financial services regulation including bank regulatory, transactional, compliance and supervisory matters. He helps clients navigate regulatory requirements, investigations and administrative proceedings as well as negotiate co-operation agreements. Carsten has extensive experience in traditional and innovative payment structures, instruments and systems, including payment processing, p2p structures, online payments and mobile banking.

Kevin L. Petrasic - Partner, Washington DC

Kevin is head of the Firm's Global Financial Institutions Advisory practice and has extensive experience with bank regulatory, transactional, fintech/regtech, compliance, supervisory, enforcement and policy issues for banks and nonbank financial firms. He advises domestic and international financial services firms on a wide array of issues under federal and state banking laws. His practice includes matters involving fintech/regtech and artificial intelligence, cybersecurity, payment networks and online banking, virtual currencies, anti-money laundering compliance, and advising on the regulatory risks arising from the development of innovative uses of financial technology and related issues.

Guy Potel - Partner, London

With a reputation for being an impressive negotiator and commercially astute, Guy's advice is sought by listed companies across a variety of industry sectors, including fintech. He advises both listed and private companies on public and private acquisitions, equity capital raisings, joint ventures and minority equity investments, with a particular focus on the technology and telecoms industries. He has also advised a number of leading development banks on their equity investments.

Introduction

Fintech, simply defined, is the joining of financial services and information technology.  If you think about it, fintech has existed from at least 1867, when Edward Calahan invented the tickertape machine.  In recent times, fintech has taken an explosive evolutionary leap, as developers of technology have turned their attention to not just improving financial services and making them more efficient, but to disrupting service models that the financial industry has relied on for centuries.

Why is this important?  At the end of the day, this is all about money.  My money, your money, and how we—as individuals and institutions—engage in commerce, globally and locally.  It is an essential part of what we as humans do, no matter what kind of economic, political, or social system we belong to.  Commerce is essential to our existence, and that is why fintech is so exciting.

And here we are—the lawyers.  Whether you represent buy-side or sell-side in the fintech space, the common theme is often the urgency with which counselling is required by our clients.  Whether it is securing an investment in a promising emerging company, finalizing a joint venture or partnership to get a new product to market, or advising on how regulators will scrutinize a particular transaction or technology platform, no client wants to miss an opportunity.  With so many players competing for the next best thing, there is a fear that each opportunity will be fleeting.

It is within this landscape that we present the following five articles, each dealing with a particular development or challenge within the fintech space that we as lawyers face on a daily basis:

 

 

We hope you find these articles educational and perhaps even thought-provoking.  Just 36 years after Mr. Calahan’s invention of the stock ticker, J. DuPratt White and George B. Case were hired to organize Bankers Trust Company.  Ever since, White & Case has been one of the premier law firms servicing the financial services industry.  Leveraging our deep experience in the financial services sector, our multidisciplinary fintech team focuses on the convergence of financial institutions and technology, advising on the wide range of legal, regulatory, and commercial issues arising from the burgeoning industry.

We celebrate the launch of Chambers FinTech and look forward to its growth and wide dissemination.

 


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