James Kim co-leads Ballard Spahr’s Fintech and Payments Team. He advises Fintechs, banks, investors, and other clients regarding federal and state consumer financial laws and regulations, including Title X of the Dodd-Frank Act (UDAAP), TILA, RESPA, EFTA, and the FCRA. He helps clients navigate examinations and investigations with the Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Reserve Board, Federal Trade Commission (FTC), and various state agencies.
James also assists clients with product development, regulatory due diligence, and matters involving cutting-edge issues, such as financial technology, data aggregation, credit and prepaid cards, and marketplace lending.
Services
- Fintech and Payments
- Consumer Financial Services
- Emerging Companies and Venture Capital
- Privacy and Data Security
- Banking and Financial Services
- Business and Transactions
- Litigation
- Blockchain Technology and Cryptocurrency
- Consumer Financial Protection Bureau (CFPB)
- Mortgage Banking
- California DFPI
- Anti-Money Laundering
- State Attorneys General
Experience
Representative Matters
- Assisting banks and nonbanks prepare for and navigate examinations with federal and state regulators
- Defending banks and nonbanks in enforcement actions by the CFPB, FDIC, Federal Reserve Board, New York Attorney General’s Office, New York Department of Financial Services, California Department of Business Oversight, and other state agencies
- Conducting regulatory due diligence for strategic and financial investors in equity, debt, and portfolio conversion transactions involving Fintech or consumer finance-related companies and assets
Professional Highlights
Professional Activities
Morgenthau Alumni Group
New York City Bar Association
Korean American Lawyers Association of Greater New York
Recognition & Accomplishments
Chambers USA, Financial Services Regulation: Consumer Finance (Enforcement & Investigations), 2021
Chambers FinTech Legal USA, Payments & Lending, 2021
The Legal 500 US, Finance - Financial Services: Regulatory, 2016, Fintech, 2020, 2021
Speaking Engagements
"Legal, Tax, and Regulatory Issues," Financial Innovation and Payments Summit 2019, Newport, RI, July 11, 2019
"Consumer Financial Protection Enforcement Under Trump," American Bar Association's Antitrust Law 2019 Spring Meeting, Washington, D.C., March 28, 2019
"Consumer Financial Data Aggregation in the Prepaid Space: Identifying Key Concerns and the Potential for Regulatory Intervention," American Conference Institute Prepaid Card Compliance National Forum, Washington, D.C., January 30, 2019
Publications
Co-author, "Installment Payments: How Millennials Are Shopping," The National Law Review, March 28, 2019
Co-author, "A Primer on Prudential Regulation for Virtual Currency Businesses," FinTech Law Report, September/October 2015Co-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
Credentials
Education
Cornell Law School (J.D. 1999)
Brown University (B.A. 1994)
Admissions
New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York