Financial Services

Financial services businesses operate under a dense web of federal and state regulations. SEC rules, FINRA requirements, state money transmitter laws, and consumer financial protection obligations. A compliance failure in this industry can result in regulatory sanctions, license revocation, and personal liability for principals and executives.

We help financial services businesses understand and meet their compliance obligations under federal and state law. Compliance is not a one-time exercise. It is an ongoing part of operating in this industry, and we support businesses through every stage of growth and every regulatory change that affects their operations.

• SEC, FINRA, and state regulatory compliance gaps
• Money transmitter licensing obligations
• Consumer financial protection compliance
• Regulatory investigation response and defense

Investment agreements, loan documents, and credit facilities define the financial and legal relationship between a financial services business and its clients. Poorly drafted agreements create ambiguity that becomes expensive to resolve when a transaction or relationship goes sideways, and in financial services, the stakes are almost always high.

We draft and review investment agreements, loan documents, and credit facilities that clearly define the rights and obligations of every party. In financial services, the quality of your documentation directly determines your ability to enforce your rights, and your exposure when a client or counterparty pushes back.

• Ambiguous loan and credit facility terms
• Missing enforcement and default provisions
• Investment agreement disclosure gaps
• Counterparty rights and obligation disputes

Financial services businesses are frequently the target of fraud claims, from clients who allege misrepresentation in the sale of financial products to partners who claim they were misled about the terms of a transaction. Defending against these claims requires a clear record, strong documentation, and experienced legal counsel who understands the industry.

We defend financial services businesses against fraud and misrepresentation claims, assessing the strength of the claim, building the factual record, and pursuing the most efficient resolution whether through negotiation, arbitration, or litigation. We also help businesses put documentation practices in place that make these claims harder to sustain.

• Client fraud and misrepresentation allegations
• Financial product disclosure disputes
• Partner misrepresentation in transaction terms
• Documentation gaps that enable claims

Financial services firms are often structured as partnerships or LLCs where ownership disputes, profit-sharing disagreements, and management conflicts are common. When partners disagree about the direction or finances of the business, having clear governing documents and experienced legal counsel is the difference between a managed transition and prolonged litigation.

We help financial services firms structure ownership arrangements, draft partnership and operating agreements, and resolve ownership disputes when they arise. Getting the governance structure right from the beginning, including profit-sharing, decision-making authority, and exit provisions. Prevents the most common and most damaging disputes in the industry.

• Partner profit-sharing and distribution disputes
• Management authority and decision-making conflicts
• LLC member deadlock and exit disputes
• Missing or ambiguous operating agreement provisions

Financial services businesses depend on key advisors, relationship managers, and executives. When those employees leave, especially to a competitor. Non-compete and non-solicitation agreements become critical. Without enforceable agreements in place, protecting client relationships and proprietary systems is extremely difficult.

We draft employment agreements and non-compete clauses for advisors, relationship managers, and executives, and pursue enforcement when those agreements are violated. Protecting client relationships and proprietary systems starts with having the right documentation in place before a key employee walks out the door.

• Advisor and relationship manager non-compete enforcement
• Client poaching by departing employees
• Non-solicitation violations post-termination
• Compensation and commission disputes

Fintech companies and digital asset businesses face a rapidly evolving regulatory environment where the rules are still being written. From payment processing compliance and money transmission licensing to digital asset classification and smart contract disputes, the legal issues in this space require counsel who understands both the technology and the regulatory framework.

We help fintech and digital asset businesses navigate their compliance obligations, structure agreements, and resolve disputes, across payment processing, money transmission licensing, digital asset classification, and smart contract arrangements. The regulatory landscape in this space moves fast, and so do we.

• Payment processing compliance and licensing
• Money transmission regulatory requirements
• Digital asset classification disputes
• Smart contract and platform agreement disputes

Financial services businesses need legal counsel who understands the regulatory environment, moves quickly when documentation is needed, and knows how to defend the business when clients or counterparties push back. Pomeranz Law provides practical, business-focused legal counsel that understands how financial services businesses operate and what they need from their outside counsel.

• We understand the regulatory framework financial services businesses operate under
• We draft agreements that hold up when a client or counterparty disputes them
• We defend against fraud and misrepresentation claims with a clear litigation strategy
• Transparent, practical counsel without the overhead of a large firm