FinTech | Ropes & Gray LLP
Overview
Ropes & Gray’s multidisciplinary FinTech team draws on the capabilities and resources of practice groups across the firm to provide clients with integrated, strategic and practical advice related to securities regulation, patent litigation, trade secrets, Lanham Act litigation, unfair competition claims, intellectual property licensing and transactions, M&A, regulated investment management, banking, tax planning, privacy and cyber security, capital markets, insurance and related risk management and litigation.
Through decades of experience handling complex matters for financial services and technology clients, our multidisciplinary team has a deep understanding of the trends and issues facing clients both new and established in the FinTech industry. We combine legal knowledge with a strong understanding of our clients’ business needs to advise on a range of regulatory and transactional issues related to blockchain, artificial intelligence, cryptocurrencies, initial coin offerings (ICOs), big data, insurtech, information technology, compliance technology (regtech ), robo-advisors and P2P technology. Additional information about our cryptocurrency and blockchain practices can be found here. Our team has advised a wide range of clients, both private and public, on FinTech matters. Our clients include global banks, payment processing and blockchain technology companies, and asset managers such as hedge funds, private equity funds and investment management firms.
Our recent FinTech experience includes advising or representing:
- Different customers with respect to formation of cryptocurrency funds and related matters.
- Summit Partnersa global alternative investment firm, in its $1.2 billion sale of ABILITY Network, a leading cloud-based healthcare software-as-a-service technology company, to technology company Inovalon.
- TPG growth global impact fund, The Rise Fund, in its investment in Varo Money, a mobile banking fintech company.
- The founders of TCP LifeSystemsa provider of insurance software solutions in the US, UK, Canada and Ireland, in the acquisition of insurance and financial services software provider iPipeline.
- Baillie Gifford in its investment in Ant Financial Services Group, China’s largest online payment platform.
- Digital Asset Trade Associationa blockchain trade association, in matters related to legislation and public policy.
- A wealth management software company on a number of privacy and data security-related matters.
- Decentralized code network (Deconet)a blockchain company, in matters of intellectual property licensing.
- Credoraxa privately held credit card processing business, on executive compensation work.
- Digital information services in tax disputes before state tax authorities, related to the classification of products as information services or as software.
- FinTech investors and companies with respect to IRS third party subpoenas and subpoenas.
- Tax investigations into cryptocurrency holdings and tax reporting.
- Pay racka cloud-based payments-as-a-service platform, in one of the first patent lawsuits brought against a blockchain company, OHVA v. PayStand.
Abilities
The FinTech team’s extensive capabilities include:
- Advising private equity firms, as well as public and private companies, on transactions involving FinTech companies and platforms, including cryptocurrencies, blockchain, data, artificial intelligence, online payment processing, banking, quantitative trading, payment systems, digital identity, ETFs and robots. advisors
- Advising clients on investments in cryptocurrencies, including bitcoin, ether and other coins and tokens, initial coin offerings (ICOs) and simple agreements for future tokens (SAFTs)
- Advising clients on ETF capital market issues
- Advice on matters surrounding the acquisition and management of artificial intelligence, data and other technology systems
- Advising on matters involving the SEC, DOJ, CFTC and state regulatory agencies
- Representing FinTech companies in disputes with investors
- Advising on ETF examinations and investigations, including SEC, CFTC, NFA and FINRA examinations and inquiries
- Litigation regarding securities litigation against providers of ETFs under the Securities Act of 1933
- Advice on the establishment and regulation of hedge funds
- Advising quantitative hedge funds and other investment funds with issues relating to the acquisition and disposition of technology systems for use in algorithmic and quantitative trading
- Provide formation and investment advice for funds, ICOs, SAFTs and other matters
- Advise clients on IRS guidance and enforcement in the cryptocurrency space
- Advise clients on state sales tax implications of the digital economy and virtual currencies
- Advise clients on international digital tax considerations
- Advise clients on tax implications of FinTech investments
- Determining whether a fund is engaged in a US trade or business and assessing the application of safe harbor rules to various cryptocurrencies
- Evaluate the treatment of cryptocurrencies and derivatives on cryptocurrencies according to rules applicable to repurchase and lending transactions, straddles, wash sales, constructive sales and mandatory and optional mark-to-market recognition of gains and losses
- Advise clients on strategies related to protecting FinTech innovation, including robo-advisors, marketplace lending, mobile platforms, cryptocurrencies and blockchain
- Carry out strategic due diligence for all types of transactions
- Advising clients on complex outsourcing, joint ventures, technology and IP spin-outs, corporate restructuring and asset sales
- Represent FinTech clients in all types of IP litigation, including in the US District Courts, the Patent Trial and Appeal Board, the International Trade Commission and the US Court of Appeals for the Federal Circuit
- Advise clients on information security policies and programs that comply with the NIST Cybersecurity Governance Framework and other standards
- Advise clients on compliance with international data transfer rules, including GDPR readiness, as well as on APAC privacy requirements
- Advise clients on data protection and security risks presented by their active or proposed portfolio investments
- Lead investigations of potential cyber incidents on behalf of clients
- Advice on anti-money laundering and export control
- Internal investigations involving suspected breaches of the FCPA, the UK Bribery Act and other anti-corruption provisions
- Defense of government investigations involving FCPA or UK Bribery Act violations
- Analysis of corruption risks involved in multinational transactions
- Establishing and implementing global anti-corruption compliance programs
- Advising on complex financing, including senior and subordinated credit facilities, cash flow and asset based loans, first and second lien financing, mezzanine financing, bridging loans, high yield debt offerings and debt restructurings