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Nancy K. Brooks

Nancy K. Brooks

Partner

(312) 565-8310

Nancy Brooks is a strategic FinTech, electronic payments, consumer financial services regulatory advisor and highly experienced commercial transactional lawyer. She is a creative, business-oriented problem-solver who distills complex legal issues into actionable strategies and effectively navigates the legal/regulatory/compliance environment.  Nancy has extensive experience in international electronic payment transactions and payment networks, money transmitter licensing, credit/debit/prepaid products, technology and IP, regulated consumer financial services, and negotiating strategic transactions, such as M&A, complex financing arrangements, and licensing.  She also has led the transformation of the contracting process for healthcare and financial services organizations through process re-engineering, capture of data and metrics, use of automated tools, and development of standardized agreements and playbooks.

Please see Nancy's latest article "Payments Innovation and Consumer Protection - Revisiting the 2016 Prepaid Card Rule Amendments."  

Upcoming Events: Panel Discussion: Consumer Protection and Payments Innovation Are Regulatory Reforms Needed? ABA Consumer Financial Services Committee Meeting, January 11, 2019. 

  • Areas of Practice -
  • Nancy provides a variety of legal services including:

    • Assisting FinTech growth stage companies with business-oriented, pragmatic, seasoned general counsel advice, strategic transaction negotiation assistance, consumer financial services regulatory advice, and assistance navigating the risk and compliance expectations of financial institution counterparties.
    • Leveraging extensive career experience with payment networks and electronic payment transactions to structure and negotiate transactions and advise on laws and rules applicable to mobile and digital wallets, innovative electronic payment transactions, payment networks, money transmitter licensing, payment service providers enabling P-to-P payments, tokenization agreements, domestic and international acquiring and processing agreements, merchant agreements, issuer agreements, and B-to-B payment agreements.
    •  Consumer financial services regulatory advisory and transactional assistance related to issuance and servicing of credit/debit/prepaid card products.
    • Structuring and negotiating complex commercial transactions, including M&A, complex financing, software and platform licensing arrangements, and third-party service provider agreements.
    • Transforming contract process operations for healthcare and financial services organizations through process re-engineering, capture of data and metrics, use of automated tools, and development of standardized agreements and playbooks. 
  • Achievements+
  • Negotiating FinTech and Other Strategic Alliances:

    • Mobile wallet and digital payment agreements with Apple, PayPal and API providers, growth-stage FinTechs, tokenization agreements, EMV licensing agreements, B-to-B payment agreements, international network-to-network agreements with networks in Canada, China, Japan, UK, India and Korea, and international acquiring and processing agreements.
    • Acquisition and disposition of Italian credit card issuer and Slovenian data processor.
    • Negotiation of $100 million default insurance policy.
    • Negotiation of $500 million secured lending agreements and large debtor-in-possession financing agreements.

    Deep knowledge of Payments Industry and Regulated Financial Services:

    • Over 25 years of experience in regulated financial services, including 10+ years in international payments and payment networks and 10 years in the commodities industry.
    • Chief legal counsel to top 10 credit card issuer and General Counsel to the Clearinghouse for the Chicago Board of Trade; achieved favorable results on CFTC, CFPB, Federal Reserve, and FDIC examinations of supported businesses.

    Risk Management and Corporate Governance

    • Nancy has served as in-house General Counsel and Corporate Secretary. She also has served on senior in-house risk governance committees and regularly advised on third-party risk management and oversight in regulated financial services.

    Operational Effectiveness

    • Under Nancy’s leadership, her in-house contract processing team saved 1,800 hours of time and 35% in outside counsel expense in the first year of operation.
    • The same team experienced a year-on-year 20% increase in productivity.
  • Thought Leadership+
  • Speaker:

    • 2018 American Bar Association Business Law Meeting, “Anatomy of a Digital Payment Transaction”
    • 2017 American Corporate Counsel Association Legal Operations Conference, “Transforming Legal Operations”
    • 2017 American Bar Association Consumer Financial Services Committee, “CFPB Prepaid Card Rules”
    • 2015 Hudson Cook Consumer Financial Services Conference, “Navigating CFPB Supervisory Examinations”
    • 2014 Source Media Financial Services Collections & Operational Risk Conference, “Navigating Collections Regulatory Examinations”
  • Education +

    Duke University School of Law, Durham, NC

    Juris Doctor, 1986

    Senior Editor and published contributor, Alaska Law Review; Executive Officer, Moot Court Board; Finalist, Hardt Court Moot Court Competition

    University of Notre Dame, Notre Dame, IN

    B.B.A., 1983 with highest honors; top graduate in Management Information Systems

  • Bar & Court Admissions +

    Illinois State Bar (1986)

    United States District Court, Northern District, Illinois (1991)

  • Experience +

    Schuyler, Roche & Crisham, P.C.
    Chicago, IL

    Partner

    2018- Present

    NKB Law LLC

    Winnetka, IL

    Sole Proprietor

    2018

    Discover Financial Services

    Riverwoods, IL

    Vice President, Deputy General Counsel - Card, Payments, Infrastructure

    2013-2017

    Vice President, Assistant General Counsel - Card & Payments

    2011-2013

    Vice President, Assistant General Counsel - Payments

    2005-2011

    The Clearing Corporation

    Chicago, IL

    Vice President, General Counsel and Secretary

    1998-2004

    Acting General Counsel, Assistant Secretary

    1994-1998

    Staff Attorney

    1992-1998

    Jones Day

    Chicago, IL 

    Corporate/ Finance Associate

    1988-1992

    Isham, Lincoln & Beale

    Chicago, IL

    Corporate Associate 

    1986-1988

  • Professional Memberships +

    American Bar Association Member and Co-Vice Chair, Deposit Products and Payment Systems Subcommittee, ABA Consumer Financial Services Committee

    Member of Federal Reserve FedPayments Improvement Community, Secure Payments Task Force, and Subcommittee on Payment Rules and Standards

    WNet (Women’s Network in Electronic Transactions) member and Education Committee member

  • Civic Affiliations +

    Illinois Swimming Official (and former Treasurer)

    Haven Youth and Family Services (former Board member)

    Saints Faith Hope & Charity Parish (and former Religious Education Board member and catechist)