Transaction Processing

The greater the risk, the greater the reward. This business principle is most true in the transaction processing industry, where technology innovations, market access and interconnectivity have created tremendous business opportunities — and significant civil, criminal and public relations liabilities if things go wrong. We recognize that emerging technologies in the mobile, online and electronic payments arenas offer opportunities for financial institutions, merchants and consumers to reformulate commerce.

We represent clients from across the transaction processing industry:

• Banks and financial institutions
• Credit, debit and stored-value card providers
• Data aggregators
• Data processors
• Device manufacturers
• E-payment providers
• Merchant processors
• Merchants
• Monetary transactions providers
• Network service providers
• Nonmonetary transactions providers
• Social media networks
• Software and systems developers

We have advised clients in the full range of issues facing the transaction processing industry, including:

• Antitrust issues that arise in connection with payment and other networks designed to facilitate transactions
• Participation in mobile wallet solutions and network tokenization programs
• Issues related to merchant processing services and related solutions
• Procurement of point-of-sale hardware, software and other technology
• Corporate policy development and compliance with voluntary and mandatory industry guidelines, including those of the Electronic Transactions Association and ATM Industry Association
• International and US federal and state regulatory compliance, including matters under the Bank Secrecy Act, the Dodd-Frank Act and the USA PATRIOT Act, as well as requirements of the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN)
• Issues relating to Regulation E, Durbin Amendment, ACH processes and compliance, debit and credit card processes and compliance, wire transfers (including Regulation J and UCC Article 4A), remittance transfers
• Data security, including compliance with the Payment Card Industry Security Standards Council’s (PCI DSS) standards
• Privacy and data use rights
• Mergers, acquisitions, joint ventures and strategic alliances, as well as divestitures
• Performing due diligence of the onboarding processes and procedures in connection with establishing credit lines in favor of credit card processing companies and independent sales organizations
• Negotiation of key provider and partner agreements
• New product and service development
• Resolution of business disputes, in court and before national and international arbitration associations
• Defense of consumer class actions and business-to-business disputes arising from data breach events

At Hunton Andrews Kurth LLP, our global footprint, resources and industry-experienced lawyers help transaction processing clients build, expand and protect their businesses:

• With offices in 18 cities, including vital commercial and governmental centers such as New York, Beijing, Brussels, London and Washington, DC; the key payment processing center of Atlanta; and a worldwide network of business, technology and government relations lawyers, we have “boots on the ground” and “minds in the boardroom and courtroom” — where and when our clients need us.
• We have a leading privacy and cybersecurity practice that has earned a top-tier ranking in the Chambers Global, Chambers UK and Chambers USA guides to the world’s top legal providers, and have handled more than 3,000 data breaches.
• Key members of our team have years of in-house experience at banks and other financial institutions, as well as at data aggregators, payment processors and other IT-enabled companies.