Thought Leadership - Manatt, Phelps & Phillips, LLP

Emerging Company Fundraising: What to Expect as a Result of COVID-19

As has become clear to all of us, the devastating spread of COVID-19, the disease caused by the novel coronavirus, has created a public health crisis, disrupted the global economy and challenged us to rethink the fundamental considerations of all businesses, especially the economic imperatives for emerging companies.

COVID-19: Evolving Cybersecurity Considerations for Businesses

Businesses’ responses to the COVID-19 health crisis, and in particular the increased demands for personnel to work remotely, present increased security risks and considerations.

Cybersecurity, Data Breach, Data Security, Privacy, COVID-19, Security Incident, Malware, Phishing

Privacy Considerations for Navigating COVID-19

As companies develop policies and procedures to respond to the COVID-19 outbreak, company leadership would do well to consider the limitations and prohibitions on the processing of employee information under federal and state privacy laws, as well as those in any internal company policies.

HIPAA, Privacy, Department of Health and Human Services, Health Insurance Portability and Accountability Act, Data Security, COVID-19

TCPA, State Telemarketing Bans and Coronavirus—What You Should Know

COVID-19 is having a widespread impact on our communities and businesses, including the ability to place telephone calls under the federal Telephone Consumer Protection Act (TCPA) and state law equivalents.

Telephone Consumer Protection Act, Autodialer, State of Emergency, COVID-19, Coronavirus

FDIC Offers De Novo Guidance for Nontraditional Applicants

In an attempt to help non-banks and fintechs understand the de novo application process, the Federal Deposit Insurance Corporation (FDIC) released new materials, including a supplement to its Deposit Insurance Application Procedures Manual (the Supplement) that describes special considerations and procedures for unique or complex proposals, such as those submitted by nontraditional...

FDIC, Consumer Financial Services, Fintech

The SEC Proposes to Expand Capital-Raising Opportunities for Reg D, Reg A and Crowdfunding Offerings

On March 4, 2020, the Securities and Exchange Commission (SEC) issued proposed rules to simplify certain aspects of exempt offerings with the goal of expanding access to capital for issuers and increasing opportunities for investors. The proposed rules are set forth in SEC Release No. 33-10763.

SEC, Securities and Exchange Commission

CSBS Reports On Progress in Implementing Vision 2020

What progress has the Conference of State Bank Supervisors (CSBS) made in implementing the 2019 recommendations of the Fintech Industry Advisory Panel (the “Advisory Panel”) related to Vision 2020, its bold approach to modernizing and streamlining the state licensing and supervision of fintech companies?

Licensing, Fintech

Manatt Fintech: What to Expect in 2020

Manatt Financial Services partners Brian Korn and Neil Faden as well as associates Benjamin Brickner and June Kim authored an article for Lend Academy on the fintech ecosystem. The article provides@an overview of the fintech industry in 2019 as well as things to watch in 2020, including:OCC Fintech charters;securitization issues;the impact of a potential recession;upstream capital credit...

Cryptocurrency, Fintech, Blockchain, Fintech Charters

Manatt Fintech: What to Expect in 2020

Taking a break after eight brisk years of regulatory and litigious turbulence, the world of fintech and marketplace lending in 2019 was notable for being more business as usual, or what some might call a “ho hum” year of upward growth.

CSBS Seeks Comment on Model Law for Money Services Businesses

The Conference of State Bank Supervisors (CSBS) has proposed legislation for adoption by the states in an effort to streamline and make uniform requirements for money service businesses (MSBs).