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Marketplace Funding

Peer-to-Peer Lending, Alternative Online Lending and Crowdfunding

Financial Technology (FinTech) innovations have allowed companies to take advantage of compelling new lending and capital raising opportunities in the financial marketplace such as peer-to-peer lending, alternative online lending and crowdfunding. LeClairRyan’s marketplace funding industry team brings together the talents and experience of attorneys from a number of disciplines to make our firm an ideal partner for businesses seeking to take advantage of these innovations. Our depth of skill and experience in the applicable law – financial services lending and regulation, consumer financial protection, securities and capital markets, intellectual property and technology, cybersecurity, and data protection and privacy – allows us to proactively advise our clients in the rapidly evolving FinTech world.

Financial Services Regulation and Lending

Attorneys on our team provide advice to financial institutions on regulatory and lending matters on a daily basis. Whether an institution seeks to partner with another company in connection with a new product or service or establish its own innovative delivery system, our team has experience in addressing the critical issues under the law, including:

  • Consumer, business and real estate lending 
  • Servicing and securitization of loans
  • National bank and state bank powers
  • Preemption
  • Third-party vendor management and contracting issues
  • Risk analysis and avoidance
  • Bankruptcy

Consumer Financial Protection

We regularly advise institutions on consumer financial protection laws affecting lending, including:

  • State lender licensing, usury and rate exportation
  • Electronic Fund Transfers Act and other electronic commerce laws
  • Truth in Lending Act and state disclosure requirements
  • Equal Credit Opportunity Act and other fair lending laws
  • Fair Debt Collection Act and state collection laws
  • Consumer Financial Protection Bureau and other federal and state regulatory supervision and enforcement
  • Unfair, Deceptive or Abusive Acts and Practices laws
  • Bank Secrecy Act

Securities and Capital Markets

Our firm was founded three decades ago to help emerging companies with their capital and related needs. It is no accident then that our team members are highly qualified to assist companies as they seek to take advantage of new opportunities in the FinTech space. Our distinctive strengths include:

  • SEC and state issues in securities crowdfunding and alternative finance
  • Public and private offerings
  • SEC and broker-dealer registration
  • Entity formation/conversion and related tax advice
  • Strategic introductions to venture capitalists, angel investors, investment bankers, accountants and other service providers
  • Corporate governance
  • Executive employment agreements

Intellectual Property and Technology

Our attorneys help clients pursuing FinTech innovations maximize the value of their intellectual property rights. Our services include: 
  • Patent applications, prosecution and post-issuance protection
  • Trademark clearance, prosecution, and licensing
  • Intellectual property licenses and technology agreements
  • Licensing of software, cloud computing applications and platforms

Cybersecurity, Data Protection and Privacy

We have a deep understanding of privacy concerns confronting companies operating in a digital framework. Cybersecurity and data protection are of critical importance to such companies’ success. Our capabilities include: 
  • Gramm-Leach-Bliley Act privacy requirements
  • Mobile computing
  • Data security safeguards
  • Fair Credit Reporting Act