Marketplace Lending and FinTech

Cadwalader is a leading global advisor, and a recognized innovator in capital markets and structured asset based finance, with broad experience in marketplace lending and FinTech. Our lawyers advise clients on complex structured finance, securitization, fund formation and finance, consumer finance, mergers and acquisitions, corporate governance, leveraged and non-recourse finance, venture capital and private equity investment, intellectual property, and navigating the regulatory, data, and cyber-security complexities that arise in these transactions.

Cadwalader is uniquely positioned to represent both established and emerging FinTech clients and those that invest in or finance businesses involved in the FinTech sector throughout the full lifecycle from establishing a more permanent asset-based, dilution friendly capital structure to pursuing strategic financings and transactions to regulatory compliance and litigation matters.

Our capabilities include advising clients on a wide range of FinTech related matters and issues, including:

  • Private equity and venture capital transactions
  • Mergers and acquisitions
  • Joint ventures and strategic alliances
  • IPOs and other exits
  • Securitization
  • Warehouse financing
  • Fund formation and capital structure advice
  • IP advice, protections and litigation
  • Cybersecurity and data privacy compliance advice, analytics and litigation
  • Defense of AG, FTC, and other government enforcement actions
  • Navigating both the current and future regulatory landscape


Set out below are some examples of the experience and expertise of the team at Cadwalader:

  • Served as designated underwriters counsel for the underwriting syndicate of SoFi on three student loan asset backed securitizations, valued at $530 million, $500 million and $379 million
  • Represented Deutsche Bank as the arranger of a securitization backed by £130 million of loans to UK SMEs originated on the Funding Circle platform, which was the first public, rated securitization of marketplace loans in Europe
  • Represented a major bank in a revolving secured loan to a mutual fund, which invests in loans and makes crowdsourcing investments from 16 different platforms
  • Represented a major international bank in structuring and documenting a warehouse facility for SME loans originated on one of the leading peer to peer platforms
  • Represented a peer to peer platform in the structuring and negotiation of a warehouse facility with a major U.S. bank
  • Represented an investment fund in negotiations for direct investment in a variety of marketplace lending platforms across different asset classes, including consumer, trade receivables and mortgage assets
  • Represented a sponsor in the structuring, establishment and documentation of a peer to peer platform
  • Represented a leading investment bank in its majority acquisition of a company providing Enterprise and ASP technology solutions to the mortgage banking industry
  • Represented a hedge fund whose strategy focused on purchasing whole loans originated by a variety of marketplace lending platforms for subsequent securitizations
  • Represented a leading marketplace lender as the sponsor of a hedge fund whose strategy includes investment in whole loans and ABS paper
  • Represented a major U.S. bank on usury and licensing issues with respect to a $100 million facility secured by a portfolio of loans originated by a marketplace lender
  • Represented several major foreign banks on true lender, Madden, and rate exportation issues associated with loans originated by marketplace lenders
  • Represented numerous clients on usury, licensing, and disclosure issues associated with purchasing, servicing, and securitizing consumer loans of all types
  • Represented a newly established direct investment vehicle backed by a consortium of private equity funds that makes investments in trade receivables, supply chain finance, and factoring platforms
  • Represented The Blackstone Group in its acquisition of Lendmark Financial Services, a consumer lending business, from BB&T Corporation
  • Represented The Blackstone Group in its $277 million acquisition of Exeter Finance, a non-prime auto lender
  • Represented Bank United in its acquisition of the Small Business Finance Unit of CertusHoldings, specializing in SBA and USDA loans


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19 Attorneys

Avergun, Jodi L. Senior Counsel Washington
T. +1 202 862 2456
Barnes, Cheryl D. Partner Washington
T. +1 202 862 2340
Beach, Joseph W. Partner Charlotte
T. +1 704 348 5171
Bell, Suzanne Partner London
T. +44 (0) 20 7170 8549
T. +353 (0) 1 2478050
Breen, Kenneth M. Partner New York
T. +1 212 504 6240
Cuthbertson, Sophie K. Partner Washington
T. +1 202 862 2341
Duncan, Matthew Partner London
T. +44 (0) 20 7170 8730
Foster, Brian Partner New York
T. +1 212 504 6736
Gambro, Michael S. Partner New York
T. +1 212 504 6825
Gingold, David S. Partner New York
T. +1 212 504 6386
Goldstein, Stuart N. Partner Charlotte
T. +1 704 348 5258
New York
T. +1 212 504 6316
Guberman, Phara A. Partner New York
T. +1 212 504 6241
Howe, Mark P. Partner Washington
T. +1 202 862 2236
Jubin, Gregg Partner Washington
T. +1 202 862 2485
Schacter, Ira J. Partner New York
T. +1 212 504 6035
Schetman, Richard M. Senior Counsel New York
T. +1 212 504 6906
Shiren, Nick Partner London
T. +44 (0) 20 7170 8778
T. +353 (0) 1 2478050
Spanheimer, Nathan Partner Charlotte
T. +1 704 348 5195
Tompkins, Anne M. Partner Charlotte
T. +1 704 348 5222
T. +1 202 862 2496