Brian J. Hurh

Partner

I help clients achieve balance between building strong compliance infrastructure and getting products quickly to market.

As the co-lead for Banking and Payments—Regulatory Business Line, Brian helps financial services and technology clients navigate the complex array of federal and state banking, payments, and financial privacy laws, and the program agreements and other contracts that operate within these legal regimes.

Using his experience as a former systems engineer and computer programmer for an internet payment startup, Brian has both the legal and technical expertise to understand the regulatory and business needs of banks and non-bank financial services companies, financial technology providers, merchants, e-commerce marketplaces, and payment service providers.

Brian's regulatory expertise encompasses a broad array of federal and state consumer financial protection laws relating to lending, deposits, money transmission and stored value. He also regularly advises on payment network matters, including with respect to Visa, Mastercard, NACHA and various real-time payment networks.

As a member of DWT's privacy and security team, Brian is also the primary advisor for financial data matters, regularly assisting clients on issues that implicate the Gramm-Leach-Bliley (GLBA) privacy and safeguards rules, the Fair Credit Reporting Act (FCRA) and the open banking regulations.

Practice Highlights

POS financing product development

Assists clients in the design and launch of both traditional and innovative financial financing products, such as white-labeled credit and debit card programs, secured card products, purchase finance loans and buy-now-pay-later plans. Includes designing user experiences, reviewing marketing and advertising materials, and drafting product documentation such as terms and conditions, legal disclosures and servicing communications, as well as helping to draft and negotiate bank partnership agreements, user agreements, service provider contracts and privacy policies.

Fintech-bank partnerships

Regularly assists fintech clients in the design and development of fintech products and services, including employee savings accounts and reimbursement cards, credit builder card programs, small business lending, and bill payment platforms.

Financial privacy and credit reporting

Counsels financial institutions, including banks and fintechs, on compliance with GLBA privacy and safeguards rules, including navigating Regulation P exceptions to facilitate data sharing in fintech-bank partnerships, co-brand card programs, and retail-creditor financing arrangements.

Regularly advises clients on compliance with FCRA, including consulting with banks on using and furnishing credit report information; and technology companies on structuring identity and fraud mitigation products as non-FCRA services.

Admitted to Practice

District of Columbia
Virginia

Education

J.D., American University Washington College of Law, 2005, cum laude
- Senior Note and Comment Editor, American University-ABA Administrative Law Review
- Founding Member; Managing Editor - Business Law Brief
M.Eng, Operations Research, Industrial Engineering, Cornell University College of Engineering, 1999
B.S., Operations Research, Industrial Engineering, Cornell University College of Engineering, 1998

Memberships & Affiliations

- Consumer Financial Services Section; Payments and e-Banking Section; Truth in Lending Section; Retail Banking Section – American Bar Association
- Co-chair, Financial Services Committee, National Asian Pacific American Bar Association
- D.C.-Asian Pacific American Bar Association

Background

- Technology Management Consultant, PricewaterhouseCoopers LLP
- Systems Engineering Manager, InternetCash

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