With many fintechs taking the approach that it’s not if they will suffer a cyber attack but when, Skadden counsel Nicola Kerr-Shaw joins the latest “Fintech Focus episode to discuss how proper preparation can help significantly reduce regulatory scrutiny and sanctions, reputational impact and risk of resultant litigation. A member of the firm’s global Cybersecurity and Data Privacy Practice, Nicola covers notification messaging, regulatory expectations and ransom payment considerations in this discussion with host Joseph Kamyar. “Preparation is key, and even more so for fintechs, given the regulatory environment and personal liability under the SMCR,” she observes.

Top takeaways from this episode

• “Big Bang Effect”: Sometimes, a cyber attack is announced in a dramatic “big bang” – screens going dark, an image alerting you to the attack. Other times, it can be subtle, with certain systems suddenly unavailable for no apparent reason.
• Notifying Stakeholders: Nicola encourages fintechs to have a well-coordinated and well-considered communication strategy that guides response and addresses regulatory requirements.
• Communicating With Staff: Leaders should be prepared to give staff messaging that includes the basics of the event and reminds them not to post to social media.
• Do You Pay? Different laws apply to different jurisdictions, so a company that finds itself a victim of a ransom attack needs to carefully navigate the legal landscape.

Name: Joseph Kamyar

Title: European Counsel, Corporate at Skadden

Specialty: “Fintech Focus” host and European counsel Joseph Kamyar advises on a wide variety of corporate transactions, including cross-border private mergers and acquisitions, fundraisings, joint ventures, corporate reorganizations and general corporate matters, with a particular focus on the financial services, technology and media sectors.

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Name: Nicola Kerr-Shaw

What she does: Counsel Nicola Kerr-Shaw, a key member of Skadden’s global Cybersecurity and Data Privacy Practice and an authority on AI-related issues, represents financial institutions, technology companies and other businesses in matters pertaining to AI, cybersecurity, data and privacy, and emerging technologies. She works with companies to creatively and effectively help them achieve their commercial goals.

Organization: Skadden

Words of wisdom: “A point to remember for the fintech world is that notification is around enabling individuals to protect themselves. So, [when] things like identity documents, payment mechanisms have been impacted, swift notifications might be key. That being said, though, there is

Alex Drylewski, co-head of Skadden's Web3 and Digital Assets Group, discusses the significant shift in U.S. crypto policy under the Trump administration with host Joseph Kamyar. Alex highlights recent regulatory developments, including the executive order on "Strengthening American Leadership and Digital Financial Technology" and the SEC's formation of a new crypto task force. He shares insight into how these changes signal a pro-innovation environment for crypto builders while still emphasizing fraud prevention. Alex predicts that 2025 will bring increased institutional engagement by non-crypto native players, comprehensive legislation and continued private litigation as the industry seeks the regulatory clarity it has long desired.

Top takeaways from this episode

• Policy Shift: The Trump administration's executive order marks a philosophical change from the previous executive order and emphasizes protection and promotion of innovation, regulatory clarity and technology access rather than focusing on perceived risks.
• SEC Reforms: The SEC has established a crypto task force dedicated to developing a comprehensive regulatory framework, with a focus on drawing clear regulatory lines and
• Institutional Momentum: Traditional financial institutions are expected to increase engagement with crypto assets following the rescinding of SAB 121, which will allow financial institutions to now hold crypto assets on behalf of their customers without incurring the balance sheet and capital impacts.

Name: Joseph Kamyar

Title: European Counsel, Corporate at Skadden

Specialty: “Fintech Focus” host and European counsel Joseph Kamyar advises on a wide variety of corporate transactions, including cross-border private mergers and acquisitions, fundraisings, joint ventures, corporate reorganizations and general corporate matters, with a particular focus on the financial services, technology and media sectors.

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Name: Alex Drylewski

What he does: Alex Drylewski focuses on high-stakes complex commercial litigation around the world. He has represented companies and individuals across a wide range of industries and disputes, including high-profile litigation involving emerging technologies, government investigations, securities class actions, trials and appeals.

Organization: Skadden

Words of wisdom: “While this order leaves a lot of questions and details unanswered at the moment, it's generally been viewed as a very positive first step in fostering a more innovative pro-crypto environment for digital asset and blockchain-related builders in the...

With regulators increasingly scrutinizing IT and security risks for fintechs, host Joseph Kamyar invites Skadden colleague Susanne Werry for a discussion about the EU’s Digital Operational Resilience Act (DORA), which becomes effective next month.

The act is expected to compel financial entities and relevant technology providers to reexamine existing contracts, policies, procedures and governance arrangements. Susanne, Frankfurt-based counsel in the Cybersecurity and Data Privacy and Artificial Intelligence Groups, offers important takeaways as 2025 draws near. While some companies are well on the way to DORA compliance, she notes, others are in the early stages.

Name: Joseph Kamyar

Title: European Counsel, Corporate at Skadden

Specialty: “Fintech Focus” host and European counsel Joseph Kamyar advises on a wide variety of corporate transactions, including cross-border private mergers and acquisitions, fundraisings, joint ventures, corporate reorganizations and general corporate matters, with a particular focus on the financial services, technology and media sectors.

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Name: Susanne Werry

What she does: Susanne Werry has extensive experience advising international and domestic clients on issues relating to cybersecurity, data privacy and artificial intelligence. Her work includes counseling multinational clients on strategic projects, crisis management, regulatory compliance and M&A transactions.

Organization: Skadden

Words of wisdom: “Some clients and lots of third-party providers in the markets are drawing up their DORA supplements to their contracts to address the stringent requirements and also to provide their customers with DORA packages, including information that the financial entities will request as part of their own extensive due diligence applications.”

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Fintech Focus is a podcast by Skadden, Arps,...

When it comes to AI in the consumer financial services context, U.S. laws lag somewhat behind the technology. But as Darren Welch explains in this edition of “Fintech Focus,” regulators are indeed targeting AI.

Skadden consumer financial services partner, Darren Welch joins host Joseph Kamyar in this episode of “Fintech Focus” for a discussion on AI in the fintech sector, specifically fair lending and consumer protection. Darren breaks down how regulators enforce transparency in lending decisions and how lenders can mitigate risk. He notes: “We’ve worked with a lot of clients on helping them set up their fair lending testing protocols and responding to regulatory inquiries about fair lending testing.”

Name: Joseph Kamyar

Title: European Counsel, Corporate at Skadden

Specialty: “Fintech Focus” host and European counsel Joseph Kamyar advises on a wide variety of corporate transactions, including cross-border private mergers and acquisitions, fundraisings, joint ventures, corporate reorganizations and general corporate matters, with a particular focus on the financial services, technology and media sectors.

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Name: Darren Welch

What he does: A consumer financial services partner in Washington, D.C., Darren Welch advises a broad range of companies and individuals in regulatory investigations, enforcement proceedings and examinations, as well as in civil litigation on all types of consumer financial services issues.

Organization: Skadden

Words of wisdom: “In September of 2023, the bureau issued a circular focused specifically on credit denials by lenders using AI. And that circular reminds creditors that they must provide accurate and specific reasons to consumers indicating why their loan applications were denied, including in circumstances where the creditor uses one of these AI models.”

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U.K. regulators, as well as regulators worldwide, are taking a tough line on corporate crime.To guide fintechs on the current landscape, Jonathan Benson joins the latest episode of “Fintech Focus” to discuss trends and developments that we’re seeing for fintechs regarding sanctions compliance.

Tune in to this conversation led by host Joseph Kamyar as they discuss recent cases and offer takeaways for fintechs that find themselves navigating several regulatory bodies, multiple jurisdictions and evolving regulatory priorities.

Name: Joseph Kamyar

Title: European Counsel, Corporate, Skadden

Specialty: “Fintech Focus” host and European counsel Joseph Kamyar advises on a wide variety of corporate transactions, including cross-border private mergers and acquisitions, fundraisings, joint ventures, corporate reorganizations and general corporate matters, with a particular focus on the financial services, technology and media sectors.

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Name: Jonathan Benson

What he does: Based in London, Jonathan Benson is a counsel in Skadden’s White Collar Defense and Investigations Group. He has extensive experience advising on complex sanctions, national security, business compliance and trade-related matters.

Organization: Skadden

Words of wisdom: “Fintechs should also be alive to the new U.K. failure to prevent fraud defense, which we’re expecting to come into force early next year.”

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Fintech Focus is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

Host Joseph Kamyar is joined for this episode of “Fintech Focus” by Susanne Chishti, founder of FINTECH Circle, for a look at the U.K. fintech investment landscape, in particular investment levels and trends and how they’re shaping deal terms in the U.K. They also look at the various fintech verticals and their increased use of AI, among other industry topics.

Name: Joseph Kamyar

Title: European Counsel, Corporate at Skadden

Specialty: “Fintech Focus” host and European counsel Joseph Kamyar advises on a wide variety of corporate transactions, including cross-border private mergers and acquisitions, fundraisings, joint ventures, corporate reorganizations and general corporate matters, with a particular focus on the financial services, technology and media sectors.

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Name: Susanne Chishti

What she does: Susanne Chishti is the founder and chair of FINTECH Circle and a FTSE board member. As investor and editor of The FINTECH book series, she is a non-executive director of CMC Markets PLC and Crown Agents Bank.

Organization: FINTECH Circle

Words of wisdom: “I say, if you’re an entrepreneur and you want to maximize the capital and the valuation for your fintech company, it is important to have multiple fintech investors aiming to get in, because then you can ensure that you’ve got strong competition, which drives up the valuation, gives you better terms, and also allows you to not be being caught in a late-stage due diligence.”

Connect: LinkedIn

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Fintech Focus is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

In this follow-up to episode three’s discussion about growth-stage fintechs navigating workforces in a regulated environment, host Joseph Kamyar is joined by Skadden colleagues Helena Derbyshire and Sebastian Barling for a conversation about how fintechs can manage the exits of senior employees and managers.

Helena and Sebastian cover topics including processes for dismissing employees, requirements for dismissals at regulated firms, and legal considerations regarding post-employment restrictions, such as non-competes.

Name: Joseph Kamyar

Title: European Counsel, Corporate at Skadden

Specialty: “Fintech Focus” host and European counsel Joseph Kamyar advises on a wide variety of corporate transactions, including cross-border private mergers and acquisitions, fundraisings, joint ventures, corporate reorganizations and general corporate matters, with a particular focus on the financial services, technology and media sectors.

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Name: Helena Derbyshire

What she does: Helena Derbyshire has over 20 years of experience advising employers and senior executives on a wide range of employment issues, ranging from strategic advice on the labor law aspects of corporate transactions and business reorganizations to the day-to-day employment matters faced by business managers.

Organization: Skadden

Words of wisdom: “Employers shouldn't be too hidebound by the worry about an employee having a protected characteristic, because as long as you've got a genuine reason to be doing what you're doing, you’ve got a defense to a discrimination claim. You need to keep that at the front of your mind. If there's a good reason, it's fine.”

Connect: LinkedIn

Name: Sebastian Barling

What he does: Sebastian Barling provides U.K. and EU financial regulatory advice to businesses in the financial services sector.

Organization: Skadden

Words of Wisdom: “It is very important for regulated firms to understand the circumstances around a senior departure, much more so than in the unregulated sector. This is on the basis that regulated firms need to understand whether someone is, broadly, a good or bad leaver … as well as ensuring that the firm complies with its obligations to operate with integrity and due skill care and diligence.”

Connect:

For growth-stage fintechs, managing a rapidly growing workforce within a structured regulatory environment can be a challenge.

Sebastian Barling and Damian Babic join host Joseph Kamyar for this episode of “Fintech Focus” to guide fintech employers on this fluid regulatory environment. They share insight into necessary documentation to factor into the onboarding process of senior hires, key employment law considerations to keep in mind and potential disciplinary actions that regulators can bring

Name: Joseph Kamyar

Title: European Counsel, Corporate at Skadden

Specialty: “Fintech Focus” host and European counsel Joseph Kamyar advises on a wide variety of corporate transactions, including cross-border private mergers and acquisitions, fundraisings, joint ventures, corporate reorganizations and general corporate matters, with a particular focus on the financial services, technology and media sectors.

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Name: Sebastian Barling

What he does: Sebastian Barling is a partner in Skadden’s Financial Institutions Regulatory Group. He provides U.K. and EU financial regulatory advice to businesses in the financial services sector.

Organization: Skadden

Words of wisdom: “Any fintech senior manager will be subject to an ongoing assessment that they remain suitable for their role. And this is going to be particularly relevant in more fluid organizations where roles can change quickly or headcount may be limited and responsibility allocated narrowly.”

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Name: Damian Babic

What he does: Damian Babic is counsel in Skadden’s labor and employment practice in London. He advises employers on a full range of employment issues.

Organization: Skadden

Words of wisdom: “Given the protections that employees have in the workplace, it’s even more important to have robust hiring and vetting procedures in place before offers are made. And that's to ensure that management time and cost is not wasted later on in the process when managing someone out of the business.”

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