James Kim

Of Counsel

kimj@ballardspahr.com
Tel 202.661.7671
Fax 212.223.1942
Washington, DC
Tel 646.346.8089
Fax 212.223.1942
New York

Mr. Kim advises companies and individuals in matters involving financial regulation and litigation, and the myriad of federal consumer financial laws, such as Title X of Dodd-Frank (UDAAP), TILA, RESPA, EFTA, and the FDCPA. He has represented clients in examinations and investigations with the Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), and various state and local agencies. His practice focuses on cutting-edge issues, including financial technology (FinTech), mobile financial services, and marketplace lending.

In addition to his regulatory work, Mr. Kim has tried, as first or second chair, more than 20 cases to verdict, and has briefed criminal and civil appeals before the U.S. Court of Appeals for the Second Circuit and the New York State Appellate Division.

Mr. Kim recently served as a senior enforcement attorney with the CFPB where he coordinated with the OCC, FDIC, Federal Communications Commission (FCC), and state authorities. He was lead counsel in the CFPB’s first enforcement actions involving mobile payments and was a member of the credit card/prepaid card/emerging payments issue team that helped coordinate enforcement activity with other offices at the Bureau. He also helped manage relationships with U.S. Attorneys’ Offices, state attorneys general, and state banking regulators, and drafted sections of the Office of Enforcement’s internal policies and procedures.

Mr. Kim began his career as an Assistant District Attorney at the New York County District Attorney’s Office under Robert M. Morgenthau.

At Ballard Spahr, he is a member of the Litigation Department, the Consumer Financial Services Group, the Mortgage Banking Group, the CFPB Task Force, and the Marketplace Lending Task Force.

Professional Activities

Member, Morgenthau Alumni Group

Member, New York City Bar Association

Member, Korean American Lawyers Association of Greater New York

Recognition & Accomplishments

The Legal 500 US, Finance - Financial Services: Regulatory, 2016

Publications

Co-author, "D.C. Circuit Holds CFPB Structure Unconstitutional, Interpretation of RESPA Not Entitled to Deference," Ballard Spahr alert, October 12

Co-author, "CFPB Finalizes Sweeping Expansion of Prepaid Account Regulations," Ballard Spahr alert, October 6, 2016

"CFPB Proposes Rule Expanding Disclosure of Confidential Supervisory Information to State AGs," CFPB Monitor blog, August 25, 2016

Co-author, "A Primer on Prudential Regulation for Virtual Currency Businesses," FinTech Law Report, September/October 2015

Co-author, "Fast Payments Industry Must Adapt To Evolving CFPB Policy," Law360, July 21, 2015

Co-author, "The Trials And Tribulations Of Disparate Impact Theory," Law360, June 19, 2015

Co-author, "Flawed CFPB Study and the Future of Arbitration Clauses," Corporate Counsel, March 24, 2015

Co-author, "CFPB Sees The Way Of The Future And It Is Mobile Banking" Law360, February 9, 2015

Speaking Engagements

"Hear from the Regulators at the CFPB, the FTC, and the OCC," COMPLY2017: The RegTech and Compliance Conference, June 8, 2017, New York

"The Alphabet Regulations," ARDA World: The Global Timeshare Event, March 29, 2017, New Orleans

"Innovation & Regulation – Navigating Legal and Compliance Challenges Confronting Digital Banking and Fintech,"Retail Banking 2017, March 23, 2017

"CFPB Final Rule on Prepaid Accounts: What is the Impact on Compliance, Required Disclosures, and What to Expect Going Forward in the Market," 17th National Forum on Prepaid Card Compliance, January 30, 2017, Washington, D.C.

"Student Loans & Other Consumer Lending in the Cloud," 2nd Annual Marketplace Cloud Lending Summit & Expo, January 18, 2017, Las Vegas

"Consumer Financial Services and Banking Law Update," PA Bankers Association and Pennsylvania Bar Institute, October 18, 2016, Philadelphia

"Balancing Innovation with Consumer Protection: How to Make It to Market in the Emerging Payment Ecosystem in 2016 and Beyond," 12th National Forum on Emerging Payment Systems, July 28, 2016, San Francisco

"Putting the Brakes on Innovation? Regulatory Developments Impacting Digital Banking and Mobile Financial Services," Digital Banking 2016, June 21, 2016, New Orleans

"Government and Industry Perspectives on the Evolving Federal Regulatory and Enforcement Paradigm: Practical Guidance and Best Practices for Complying with New Mandates from the Key Federal Agencies Overseeing Emerging Payment Systems," American Conference Institute’s 11th National Forum on Emerging Payment Systems, April 2016

"Emerging Payment Systems," American Conference Institute’s 11th National Forum, April 2016

"So You Got a CID…Now What?" Leadership Unplugged, Consumer Bankers Association, March 7, 2016, Phoenix

"The Rise in Student Loan Regulatory Security,"Consumer Lending Regulatory Compliance conference, October 29, 2015, New York


Cornell Law School (J.D. 1999)

Brown University (B.A. 1994)

New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of New York

U.S. Court of Appeals for the Second Circuit

U.S. Supreme Court

Not admitted to practice in Washington, D.C.