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919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2187
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Donald J. Mosher, a partner in the New York office and head of the Bank Regulatory Group, focuses his practice on the regulation of banks, thrifts and licensed financial services providers, and specifically the regulation, acquisition and sale of payments companies and money transmitters, and the laws and practices applicable to electronic, paper- and card-based payment products and systems. Don has represented leading banks, payment companies, money transmitters and private equity firms in transactional and regulatory matters associated with payments, prepaid cards and money transmission, including the negotiation of payments products and processing agreements. Don recently served as regulatory counsel to The Western Union Company in its $370 million acquisition of Canadian B-to-B international payments solutions provider Custom House Ltd.
In recognition of Don’s role as banking and payments law regulatory counsel for First Data Corp. in connection with its acquisition by an investor group for $29 billion, International Financial Law Review awarded SRZ its prestigious Americas Private Equity Deal of the Year Award. A frequent author and public speaker on topics of interest to the prepaid card industry, Don was invited to speak at the Prepaid International Forum Annual Global Summit in West Sussex, England, where he presented on “Navigating a Course Through the Legal and Regulatory Landscape: Entering New Markets Through Acquisition.” His article, “New Credit Card Rules for Consumer Protection,” appeared in the December 2008 issue of E-Finance & Payments Law & Policy. Don has been recognized by New York Super Lawyers as a leading attorney in banking, mergers & acquisitions and consumer law. He is a 1987 graduate of the State University of New York at Stony Brook and a 1991 cum laude graduate of the St. John’s University School of Law, where he was the notes and comments editor of the St. John’s Law Review.
Selected Representations
Represented Travelex Holdings Ltd. as regulatory counsel in its sale of its back-office prepaid card operations to MasterCard.
Represented Monex Grupo Financiero SA de CV, a Mexican financial conglomerate, as regulatory counsel in its acquisition of Tempus Consulting.
Represented Green Dot as payments regulatory counsel in its initial public offering.
Represented The Western Union Company as regulatory counsel in the acquisition of Custom House.
Represented First Data Corporation as regulatory counsel in its bid to acquire InComm.
Represented First Data Corporation as regulatory counsel in its acquisition by private equity fund affiliates of Kohlberg Kravis Roberts & Co. and co-investors.
Represented Chrysler in its Re-Fuel America incentive card program.
Represented Travelex as regulatory counsel in its acquisition of Ruesch International.
Represented Greenhill Capital as regulatory counsel in its acquisition of Trans-Fast Remittance.
Represented The Western Union Company as regulatory counsel in its spin-off from First Data Corporation.
Represented Amazon Payments in its organization and licensing.
Represented ValueLink in prepaid card programs with Burger King and other retailers.
Ongoing representation and advice for payment processors, hedge funds and other creditors in connection with troubled and insolvent banks and bank holding companies.
Ongoing representation of banks and program managers in the establishment and maintenance of prepaid card programs.
Ongoing representation of banks and card processors in consumer credit card compliance matters.
Ongoing representation of money services businesses in federal and state regulatory compliance matters.
Represented a group of unregulated private equity funds in acquiring a minority investment in Bank Leumi.
Represented Integrated Payment Systems in an internet payment services agreement with Sears to offer ServiceLive.
Represented Aozora Bank in its establishment of a representative office in New York.
Merger of First Financial Bank, a Georgia credit card bank, with and into Western Union Bank, a Colorado industrial bank.
Represented Independence Community Bank in mortgage outsourcing to Cendant.
Represented Western Union Financial Services as regulatory counsel in its acquisition of Vigo Remittance.
Represented Western Union in its establishment of a New York Article XII Investment Company to hold international banking operations.
Represented Money Network in its agreement with ADP to offer the ADP Total Paycard.
Represented First Data as regulatory counsel in its acquisition of Concord EFS, and merger of EFS National Bank with and into a Colorado industrial bank.
Represented J. Crew Group in a private label credit card program agreement.
Represented Cache Inc. in a private label credit card program agreement.
Represented Western Union in a co-branded credit card program agreement.
Represented Citibank in connection with debit network arrangements with MasterCard.
Represented Banco Popular in co-brand program credit card agreements.
Represented CIT in the establishment of an industrial bank in Utah.
Represented Banco Popular in mortgage outsourcing to Cendant.
Represented Western Union in formation of internet payments service.
Represented Dai-ichi Kangyo Bank as regulatory counsel in its merger with IBJ and Fuji to form Mizuho.
Represented Basin Industrial Bank in its sale of a branch to Dove Creek State Bank.
Represented Western Union in the acquisition of an industrial bank.
Selected Publications
“New Credit Card Rules for Consumer Protection,” E-Finance & Payments Law & Policy, December 2008
“Payroll Cards and Regulation E,” Journal of Payment Systems Law, November/December 2006
“Check 21: A Winning Hand for Brokerage Firms, Too?” SRZ Newsletter, June 21, 2005 (co-author)
“Overview Check 21 final Amendments to Regulation CC,” Electronic Payments Journal, September/October 2004
“Foreign Bank Offices in the United States: An Overview,” Global Banking and Financial Policy Review, 2002/2003
“OCC Guidance on Unfair and Deceptive Lending and Marketing Practices,” Banking & Financial Services Policy Report, July 2002
“Recent Amendments to Regulation Z,” Banking & Financial Services Policy Report, June 2002
“Combating Predatory Mortgage Lending: The Fed Weighs in Using Its Rulemaking Authority,” Banking & Financial Services Policy Report, May 2002
“Biometrics in the Financial Services Industry: Privacy,” Banking & Financial Services Policy Report, April 2002
“Federal Regulators Issue New Insurance and Annuity Sales Regulations,” Banking & Financial Services Policy Report, December 2001
“Bank-Owned Life Insurance: A Companion to OCC 2000-23,” Banking and Financial Services Policy Report, September 2001
“Use and Redistribution of Customer Data After Gramm-Leach-Bliley,” Banking and Financial Services Policy Report, September 2000
“Electronic Signatures in Global and National Commerce Act,” Banking and Financial Services Policy Report, August 2000
“Managing the Human Dimensions of Mergers and Acquisitions in the Banking Industry,” Banker's Magazine, September/October 1995
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Selected Speaking Engagements
“Ensuring Compliance with the Evolving State Regulatory and Enforcement Framework Governing Prepaid Products,” ACI 5th Annual Forum on Prepaid Card Compliance, New York, January 2012
“Know Your Customer: New Products and Services, Mobile Banking, Stored Value, File Remediation, FATCA Issues, Anticipated Regulatory Activity,” Deloitte 5th Annual Anti-Money Laundering Compliance Conference, New York, October 2011
“Ensuring Compliance with the Evolving State Regulatory and Enforcement Framework Governing Emerging Payment Systems,” ACI 2nd Annual Practical, Legal, and Compliance Forum on Balancing Innovation with Consumer Protection in Emerging Payment Systems, Washington, D.C., September 2011
“Keeping Pace with Money Transmitter Statutes and Ensuring Compliance with State Regulations,” ACI 4th Annual Forum on Prepaid Card Compliance, Washington, D.C., June 2011
New York State Association of Independent Schools Electronic Signatures and Red Flag Rules Webinar, May 2011
“Large Companies With Prepaid Subsidiaries,” Network Branded Prepaid Card Association 2nd Prepaid Investor Forum, Boston, April 2011
“What’s on the Regulatory Horizon: How to Best Protect Your Business Over the Next Year,” Prepaid Expo USA, Orlando, Fla., March 2011
“Alternative Financial Services in the US,” Council of Microfinance Counsels Meeting, San Francisco, February 2011
Network Branded Prepaid Card Association Understanding the Impact to Prepaid of Dodd-Frank/Durbin, Menendez PCCPA Webinar, January 2011
“When the Law Lags Behind the Technology: Resolving Unique Legal Issues Pertaining to Social Networks, Mobile Payments, Prepaid Cards, ACH Debit Cards and Beyond,” ACI Practical, Legal and Compliance Forum on Balancing Innovation with Consumer Protection in Emerging Payment Systems, Washington, D.C., November 2010
Network Branded Prepaid Card Association Prepaid Workshop for Legislators, Regulators and Law Enforcement, Washington, D.C., October 2010
“Keeping Pace with Money Transmitter Statutes and Ensuring Compliance with State Regulations,” ACI 3rd Annual Prepaid Card Compliance, Washington, D.C., June 2010
“State of the Market: Funding Opportunities for Prepaid Companies,” Prepaid Expo USA, Las Vegas, February 2010
“Updating the Recent Regulatory Changes,” 3rd Prepaid Cards Conference, Miami, December 2009
Key Provisions of the Credit Card Act of 2009 Part II Webcast, December 2009
“Navigating a Course Through the Legal and Regulatory Landscape: Entering New Markets Through Acquisition,” Prepaid International Forum Annual Global Summit, West Sussex, England, September 2009
“Prepaid Cards,” Money Transmitter Regulators Association 2009 Annual Conference, Stowe, Vt., August 2009
“Are You Ready? The New Credit Card Rules Are Here,” Delaware Bankers Association Webinar, August 2009
“Keeping Pace with the Evolving State Regulatory and Enforcement Framework Governing Prepaid Products,” 2nd Annual Forum on Prepaid Card Compliance, June 2009
“Prepaid Cards,” 23rd Annual Payment Card Compliance Institute, Arlington, Va., May 2009
“Private Equity Investments in Money Transmitters,” Money Transmitter Regulators Association 18th Annual Conference, Jackson, Wyo., September 2008
“Assessing the Market for Venture Capital Investments, Mergers & Acquisition and Private Equity Buyouts in Prepaid,” 2008 Prepaid Expo USA, Las Vegas, March 2008
“Investing in Prepaid Card and Payments Businesses: Legal, Regulatory and Compliance,” Prepaid Expo USA, February 2007
“An Overview of Federal and State Regulation of Money Transmitters,” Payments System Conference, April 2006
“Bill Payments, Regulation and Compliance,” Money Transmitters Regulators Association Conference, November 2005
Co-presenter, “What Regulation E and Proposed Amendments Mean to You,” National Automated Clearing House Association Payments Conference, April 2005
“Building Your Electronic Payments Product Terms & Conditions,” National Automated Clearing House Association Payments Conference, March 2004
“Internet Banking Seminar for the Central Bank of Russia,” Financial Services Volunteer Corps, Vladivostok, Russia, March 2001
“e-Commerce Antitrust & Trade Practices: Practical Strategies for Doing Business on the Web, Online Privacy Issues,” Practising Law Institute, March 2001
“New Laws Affecting Electronic Commerce,” New York City Bar Association, March 2001
“Offering Financial Services Online,” American Corporate Counsel Association, November 2000
“Privacy Law Developments,” SRZ Internet and Securities Law Seminar, November 2000
Brokered Deposits, Bankers Roundtable, 1995
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Memberships
Professional
American Bar Association
Other Distinctions
New York Super Lawyers
Bar Admissions
Education
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St. John's University School of Law, J.D., cum laude
- Notes and Comments Editor, St. John's Law Review
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State University of New York at Stony Brook, B.A.