Mid-Level Transactional Associate Attorney

Job Overview:
A law firm is seeking a Mid-Level Transactional Associate Attorney with expertise in corporate and commercial law. This role focuses on payments law, advising high-growth fintech companies and other industry players on strategic transactions and regulatory compliance. While prior experience in payments law is preferred, the firm offers comprehensive training to help the associate excel in all aspects of the role.

Location:

• Encinitas, CA

Duties:

• Corporate (M&A, Entity Structuring, Investments):

  • Structure, negotiate, and document strategic equity acquisitions and joint ventures in fintech and payment companies.
  • Conduct due diligence on fintech investment opportunities, reviewing financial statements, contracts, and regulatory compliance.
  • Advise on corporate governance, entity formation, and restructuring for ISOs, PayFacs, and fintech startups.
  • Ensure compliance with securities laws, fiduciary duties, and investor disclosure obligations under SEC regulations and state Blue Sky Laws.

• Commercial (Contracts, Risk Management, Payments Transactions):

  • Draft, review, and negotiate merchant processing agreements (MPAs), ISO agreements, payment gateway agreements, and PayFac sponsorship agreements.
  • Structure residual buyout transactions, ensuring the legal enforceability of payment revenue transfers and protection against post-sale disputes.
  • Draft Service-Level Agreements (SLAs), data security addendums, and vendor contracts, incorporating data security and risk management provisions.
  • Develop strategies to mitigate financial risks, including chargeback liability, indemnification clauses, and fraud protection provisions.

• Regulatory (Compliance, Licensing, Data Privacy, AML):

  • Advise on federal and state payment industry regulations, including EFTA, TILA, BSA, and state money transmission laws.
  • Ensure compliance with consumer protection laws enforced by the CFPB, FTC, DOJ, and state attorneys general.
  • Guide fintech companies on AML/KYC obligations under BSA and FinCEN regulations.
  • Develop compliant financial policies and disclosures for digital wallets, Buy Now Pay Later (BNPL) services, ACH transactions, and online payment platforms.

Requirements:

• J.D. from an accredited U.S. law school and active bar membership (California, New York, or another major jurisdiction preferred).
• 4-7 years of transactional legal experience with a focus on corporate structuring, securities compliance, contract negotiation, and regulatory matters.
• Strong background in drafting and negotiating investment agreements, shareholder agreements, operating agreements, and commercial contracts.
• Exceptional drafting, analytical, and negotiation skills.

Desirable:

• Prior experience in payments law or familiarity with ISO, PayFac, PSP, and payment processor business models.
• Experience advising fintech companies, investors, or merchant acquiring businesses on regulatory and transactional matters.

Education:

• Juris Doctor (JD) from an accredited U.S. law school.

Certifications:

• Active bar membership (California, New York, or other major jurisdiction preferred).

Skills:

• Strong transactional legal background with a focus on corporate law and regulatory compliance.
• Excellent drafting, negotiation, and analytical skills.
• Familiarity with fintech, payments law, and financial regulatory frameworks.
• Ability to manage complex legal matters in a fast-paced, evolving industry.

Benefits:

• Comprehensive benefits package, including health insurance, dental, vision, and retirement plans.
• Hybrid work environment with potential for remote work.
• Opportunities for professional growth in a dynamic and rapidly evolving area of law.