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Interactive + Digital Media

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We practice at the intersection of media and technology, with transactional and litigation capabilities in many focus areas including social media, video games, augmented and virtual reality, digital media distribution, streaming platforms, user generated content, and the metaverse. 

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Case Studies

Digital Hollywood: The AI Summer Summit

media.think.tank 2024

NY Tech Week: Fireside Chat with MoFo, Creative Commons, & Kapwing

Masterclass Filmproduction Management: Legal Aspects of Film Development, Production and Distribution

Digital Media Law and Management

2023 Digital Media & Video Game Conference

Events

Interactive + Digital Media

Immersive Technologies: The Uncertain Regulatory Landscape

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies

California Federal Court Holds X’s Claims Against Scraper Preempted by Federal Law

Part 4 – Section 230: 27 Years Old and Still in the Spotlight

State Lawmakers Introduce Laws Governing Teen Use of Social Media

CFPB Issues Report on Risks Posed by Video Game Marketplaces

Insights

MoFo Survey: Tech M&A Revival Buoyed by Market Rally, Lower Financing Costs, and Private Equity Deal Making

MoFo Advises Autodesk on Acquisition of Wonder Dynamics

Morrison Foerster Named a Leading Firm for Technology by Chambers USA 2024

Morrison Foerster named TMT Firm of the Year at The Legal 500 China Awards 2023

Morrison Foerster Secures Precedential Copyright Win for Instagram

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Evan Minsberg advises fintech companies, banks, and other financial services providers on developing new products, services, and strategic partnerships. Evan provides practical regulatory counsel and transactional support for a wide variety of payments, credit, and other financial technology business models. Evan’s focus includes payment processors, money transmitters, bank-fintech partnership arrangements, marketplaces, and other online and app-based financial services providers.With over a decade of experience in the financial services space, Evan is readily familiar with numerous fintech models and provides strategic, practical, and digestible advice. Evan’s clients are looking for help navigating the complex federal and state financial regulatory requirements applicable to the products they bring to market and finding the most efficient compliance solutions for achieving their goals – whether on their own or in partnership with other regulated entities and service providers. His transactional clients want support negotiating the best arrangements possible for their budget, timeline, and priorities, while maintaining productive relationships with their contractual counterparties. Evan’s clients range from start-ups, to fintech market leaders, to multinational public companies.Prior to joining MoFo, Evan worked in the financial services teams of two other leading law firms.<h4>Representative Experience</h4>Payment Processing and Money Movement<ul><li>Advise clients, from unlicensed start-ups to leading fintech payments companies, on compliance with federal and state money transmission and money services business laws, including licensing requirements and exemptions, bank partner and authorized delegate arrangements, funds flows, and use of “FBO accounts” and other structures.</li><li>Negotiate merchant processing and sponsorship agreements for multiple merchant, payment facilitator, and marketplace clients and advice on compliance with Card Network rules.</li><li>Structure, draft, and negotiate ACH origination, third-party sender, and third-party service provider agreements for multiple bank and fintech clients and advise on compliance with NACHA rules.</li><li>Counsel digital assets platforms on application of federal and state money transmission laws to cryptocurrency transactions.</li></ul>Banking as a Services (BaaS)<ul><li>Structure, draft, and negotiate program management agreements for multiple sponsor bank clients for deposit account programs with fintech companies, including use of “FBO Account” structures.</li><li>Advise sponsor bank clients on compliance requirements and appropriate division of rights and responsibilities with fintech partners, including end-user relationships, AML issues, customer data sharing, and program agreements.</li><li>Counsel sponsor bank clients on wind-down procedures, including timing, customer notice, return of customer funds, and other relevant issues.</li></ul>Bank Secrecy Act (BSA) and Anti-Money Laundering (AML)<ul><li>Counsel multiple bank, money services business, and other financial services clients on compliance with statutory and contractual BSA/AML requirements for BaaS, payment processing, “FBO Account” arrangements, and other models and structures.</li><li>Assist clients in preparing BSA/AML policies and procedures, including for money services business, digital assets and cryptocurrency, and cannabis-banking models. </li></ul>Credit Products and Services<ul><li>Develop consumer and commercial financing programs, including Buy Now, Pay Later, retail installment sales, and revenue-based financing arrangements.</li><li>Advise on state licensing requirements and exemptions and usury laws for consumer and commercial lenders, brokers, lead generators and others.</li><li>Structure, draft, and negotiate agreements for various credit arrangements, including card issuing agreements, bank partner / platform models, and lead generation arrangements.</li></ul>

Evan Minsberg

Partner

Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.