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Dowse Bradwell "Brad" Rustin, IV

Dowse Bradwell "Brad" Rustin, IV

Partner

Greenville ONE
2 W. Washington Street
Suite 400
Greenville, SC 29601
101 Constitution Avenue, NW
Suite 900
Washington, D.C., 20001
brad.rustin@nelsonmullins.com
+ Other Locations

Brad chairs the firm’s Financial Services Regulatory Practice. His career began as a litigator focusing on consumer financial services litigation and defense of regulatory claims against chartered and non-chartered financial institutions, finance entities, and money services business. Following in the wake of the fiscal crisis, he began working with financial institutions, state-licensed lenders, money transmitters, non-traditional...

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Brad chairs the firm’s Financial Services Regulatory Practice. His career began as a litigator focusing on consumer financial services litigation and defense of regulatory claims against chartered and non-chartered financial institutions, finance entities, and money services business. Following in the wake of the fiscal crisis, he began working with financial institutions, state-licensed lenders, money transmitters, non-traditional lenders, check cashers, and mortgage brokers on issues of regulatory compliance. As the regulatory environment facing financial institutions has changed and increased in complexity, he now spends most of his time counseling financial institutions in regulatory matters, including strategic agreements, product development, and operational compliance. Brad is a Certified Anti-Money Laundering Specialist (CAMS) by ACAMS and a Certified Regulatory Compliance Manager (CRCM) by the American Bankers Association.   

A large portion of Brad's work focuses on bank and non-bank partnerships involving white-label deployments, FinTech partnerships, or payments and lending partnerships. The firm utilizes a multi-team approach, leveraging our corporate and securities, financial services, intellectual property, regulatory & compliance, and tax teams to develop an integrated, wrap-around solution for financial services companies exploring innovative products, relationships, and structures. This whole-client approach brings together attorneys with unique experience and talents to assist clients in navigating an increasingly complex world of deal structures, fundraising, transactions, technology, and financial regulations. 

Brad works with a number of industry organizations focusing on financial institutions and regularly speaks on topics involving regulatory compliance for chartered and non-chartered financial institutions, FinTechs, and traditional lenders and payment providers. His speaking engagements have, in particular, focused on changing federal regulation of the money transmission and lending spaces in the post-Dodd Frank environment.

The firm's Financial Regulatory and FinTech team prides itself on the ability to service the complete lifecycle of a financial product. The team works with early-stage startups through mature, multi-national clients. This experience spans not only advice on discrete compliance issues but entails a broader platform to assist with product design, growth strategies, and transformation. The team works with established companies on complex regulatory structures and compliance violation response and remediation programs. This work can include wholesale risk assessments and the development or redesign of integrated compliance management systems (CMS).

Dowse Bradwell "Brad" Rustin, IV

lenders, check cashers, and mortgage brokers on issues of regulatory compliance. As the regulatory environment facing financial institutions has changed and increased in complexity, he now spends most of his time counseling financial institutions in regulatory matters, including strategic agreements, product development, and operational compliance. Brad is a Certified Anti-Money Laundering Specialist (CAMS) by ACAMS and a Certified Regulatory Compliance Manager (CRCM) by the American Bankers Association.   

A large portion of Brad's work focuses on bank and non-bank partnerships involving white-label deployments, FinTech partnerships, or payments and lending partnerships. The firm utilizes a multi-team approach, leveraging our corporate and securities, financial services, intellectual property, regulatory & compliance, and tax teams to develop an integrated, wrap-around solution for financial services companies exploring innovative products, relationships, and structures. This whole-client approach brings together attorneys with unique experience and talents to assist clients in navigating an increasingly complex world of deal structures, fundraising, transactions, technology, and financial regulations. 

Brad works with a number of industry organizations focusing on financial institutions and regularly speaks on topics involving regulatory compliance for chartered and non-chartered financial institutions, FinTechs, and traditional lenders and payment providers. His speaking engagements have, in particular, focused on changing federal regulation of the money transmission and lending spaces in the post-Dodd Frank environment.

The firm's Financial Regulatory and FinTech team prides itself on the ability to service the complete lifecycle of a financial product. The team works with early-stage startups through mature, multi-national clients. This experience spans not only advice on discrete compliance issues but entails a broader platform to assist with product design, growth strategies, and transformation. The team works with established companies on complex regulatory structures and compliance violation response and remediation programs. This work can include wholesale risk assessments and the development or redesign of integrated compliance management systems (CMS).

Brad chairs the firm’s Financial Services Regulatory Practice. His career began as a litigator focusing on consumer financial services litigation and defense of regulatory claims against chartered and non-chartered financial institutions, finance entities, and money services business. Following in the wake of the fiscal crisis, he began working with financial institutions, state-licensed lenders, money transmitters, non-traditional... lenders, check cashers, and mortgage brokers on issues of regulatory compliance. As the regulatory environment facing financial institutions has changed and increased in complexity, he now spends most of his time counseling financial institutions in regulatory matters, including strategic agreements, product development, and operational compliance. Brad is a Certified Anti-Money Laundering Specialist (CAMS) by ACAMS and a Certified Regulatory Compliance Manager (CRCM) by the American Bankers Association.   

A large portion of Brad's work focuses on bank and non-bank partnerships involving white-label deployments, FinTech partnerships, or payments and lending partnerships. The firm utilizes a multi-team approach, leveraging our corporate and securities, financial services, intellectual property, regulatory & compliance, and tax teams to develop an integrated, wrap-around solution for financial services companies exploring innovative products, relationships, and structures. This whole-client approach brings together attorneys with unique experience and talents to assist clients in navigating an increasingly complex world of deal structures, fundraising, transactions, technology, and financial regulations. 

Brad works with a number of industry organizations focusing on financial institutions and regularly speaks on topics involving regulatory compliance for chartered and non-chartered financial institutions, FinTechs, and traditional lenders and payment providers. His speaking engagements have, in particular, focused on changing federal regulation of the money transmission and lending spaces in the post-Dodd Frank environment.

The firm's Financial Regulatory and FinTech team prides itself on the ability to service the complete lifecycle of a financial product. The team works with early-stage startups through mature, multi-national clients. This experience spans not only advice on discrete compliance issues but entails a broader platform to assist with product design, growth strategies, and transformation. The team works with established companies on complex regulatory structures and compliance violation response and remediation programs. This work can include wholesale risk assessments and the development or redesign of integrated compliance management systems (CMS).

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

Brad regularly works with:

  • Alternative underwriting platforms or lenders using innovative data sources
  • Banks, credit unions, and depository institutions (including those focusing on bank-partnership programs)
  • Credit card issuers and card program managers (including white-label and co-brand programs)
  • Financial services companies addressing accessibility and ADA compliance
  • FinTechs providing payments and loan products directly or indirectly through partnership models
  • International payment processing, remittance transfers, and transnational crypto-asset transfers
  • Investors, private equity groups, and venture capital groups placing funds with financial services companies and FinTechs
  • ISO, lead generation, merchant acquiring, and card processing
  • Marketplace lenders and financial institution partners
  • Mobile wallet providers and mobile payment facilitators
  • Prepaid card programs (including stored value, open loop, and general purpose reloadable)
  • Providers of privacy, data security, and data breach remediation services
  • Regulatory technology providers including those focusing on customer due diligence, BSA/AML, OFAC, and enhanced due diligence
  • Retail installment sales, online sales, and
  • Robo-advisors and single-platform deposit, payment, advisory, and broker-dealer services
  • State-licensed lenders including installment lenders, payday lenders, and title lenders
  • State-licensed money transmitters, check cashers, and crypto-asset exchangers/transmitters

Mr. Rustin and the FinReg/FinTech team regularly advises on issues relating to:

  • ACH, card network, and payment systems compliance
  • ADA compliance and promotion of inclusive financial products
  • Alternative chartering including industrial loan companies, FinTech charters, and traditional chartering
  • Bank-model partnerships, strategic partnerships, and third-party relationships for bank and non-bank entities
  • BSA/AML/OFAC compliance, including issues relating to customer identification and due diligence
  • Card regulations including credit disclosures, prepaid regulations, state licensure, and escheatment
  • CFPB civil investigative demands or other regulatory inquiries
  • Credit union regulations and issues unique to this charter class
  • Cybersecurity, state privacy, and federal privacy regulations
  • Deposit brokering and deposit network issues
  • Due diligence for investors in financial services companies
  • Electronic platform development, including ESIGN, UETA, and online contracting/disclosure
  • Federal regulations relating to lending, payments, and deposit taking
  • FinCEN, money-transmitter, and money services business regulations
  • Licensures and registration with federal and state regulators
  • Response and remediation programs for state or federal regulatory investigations
  • Rate and feature exportation for financial institutions or financial services companies providing a multi-state platform
  • Risk assessments, compliance prioritization, and examination preparation
  • State laws and regulations applicable to lenders and money services businesses
  • State laws and regulations applicable to payments and the transmission of money, crypto-assets, and other forms of value

Prudentially Regulated Financial Institutions

  • BSA/AML/OFAC compliance obligations
  • ADA Title III compliance consulting
  • SAR filing obligations
  • Section 314(b) communications and exchange of data
  • Third-party vendor due diligence programs
  • Online and mobile banking agreements, including Regulation E obligations
  • E-Sign Act and UETA compliance, including authentication obligations and defensible data retention
  • Indirect lending programs including table-funding and floor planning
  • ECOA external audits, reviews of results, and development of corrective actions plans
  • White-labeling of banking services for use with technology driven payment providers
  • Customer-facing agreements including depository and credit products
  • Development of commercial treasury management programs and associated product offerings
  • Core processing agreement negotiation and regulatory compliance
  • Development of ACH originator and third-party sender due diligence programs
  • Regulation E dispute procedures, investigations, and responses
  • Federal and state pre-exam regulatory audits
  • Direct work with regulators to respond to exam concerns, customer complaints, or potential regulatory violations

Prepaid Card Products

  • Negotiating third-party program manager and processor agreements
  • Structuring of non-card stored value products
  • Structuring of telecom card programs
  • Design and structure of prepaid card distribution relationships and developing non-traditional delivery methods for card products (i.e., instant card for loan proceeds, virtual cards on mobile devices, virtual cards for mid-level payment transmission, and unique use cases involving interim loads mechanisms
  • Customer loyalty program development
  • Customer Identification Program compliance challenges with mobile enrollment
  • Regulation E compliance programs and refund policies
  • Customer enrollment and account monitoring programs

Payment Processing/Money Transmission

  • Consultation with companies seeking licenses as money transmitters at the state and federal level
  • Regulatory obligations audits and program structures for payment processors
  • Program structuring to avoid state or federal MSB obligations
  • “White label” payment processing using regulated MSBs or partner financial institutions
  • Customer Identification Program compliance for payment processors
  • FinTech-driven point-of-sale use cases including QR codes and NFC authorizations
  • Federal and state pre-examination audit of money transmitters
  • Alternative payment mechanisms including single-use card transactions, financial institution partnerships, and real time settlement using new ACH technology
  • Interactions with regulators for preclearance of new products and responses to regulatory criticism, including corrective action plans/consent resolutions
  • Transmitter/lender regulatory interactions
  • Person-to-person real-time payment network developments
  • E-Sign Act and UETA compliance, including authentication obligations and defensible data retention
  • NACHA Operating Rules compliance

Non-Traditional Lending

  • Online, interstate, and state lending-law compliance
  • Underwriting of non-traditional borrowers including un-banked and under-banked borrowers
  • Underwriting and FCRA issues when developing new credit “scoring” models
  • Human equity investment / Income Share Agreement regulations
  • ECOA compliance and fair credit issues
  • Product structuring under small-dollar, consumer-secured, and credit services organization models
  • Due diligence on behalf of private equity, venture capital, and financial institution clients seeking to invest in non-bank lenders
  • TCPA and FDCPA compliance
  • Indirect lending models, table funding, and credit facility contracts and legal compliance, including creation of special purpose entities for non-banking lending investments

Financial Institutions Litigation

  • Special asset collections and complex receiverships
  • Lender liability claims defense including special circumstances under FIRREA
  • Litigation involving loss-share assets
  • Claims against failed or de-chartered financial institutions
  • Disputes with regulated third-party service providers including core providers
  • Disputes with participants in indirect lending programs and lending joint ventures
  • Disputes over loan participation agreements

Education

  • University of South Carolina School of Law, JD, magna cum laude (2006)
    • Associate Student Works Editor, South Carolina Law Review
    • Order of the Coif
    • Order of the Wig and Robe
    • Order of the Barristers
    • Chief Judge, Mock Trial Bar
    • Associate Justice, Moot Court Bar
    • Captain, Moot Court Team
    • Captain, Mock Trial Team
    • Recipient, CALI Award for Contracts I, Contracts II, Civil Procedure, and Bioethics
    • Recipient, 2005 Coleman Karesh Award for highest grade point average in class
  • Furman University, BA, Political Science and History, cum laude (2003)

Admissions

  • South Carolina
  • District of Columbia

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Adjunct Professor, Trial Advocacy, Furman University
  • Chairman, Trial and Appellate Advocacy Section of the South Carolina Bar
  • Former Fourth Circuit Notes Editor, American Bankruptcy Institute Journal
  • Head Coach, Assistant Coach and Judge, Furman University Mock Trial Programs
  • Pro Bono Counsel, Education Access for Diverse Students
  • Pro Bono Counsel, Educational Access for Traditionally Underserved Student Groups
  • Pro Bono Counsel, Workforce Ventures/San Diego Workforce Partnership
  • Pro Bono Counsel, Education for Economically Struggling Individuals
  • Counsel, MentorWorks
  • Middle School Mock Trial Judge, South Carolina Bar Law Related Education
  • High School Mock Trial Judge, South Carolina Bar Law Related Education
  • Coach, South Carolina Bar Law Related Education 
  • Pro Bono Counsel, Adult Guardianship
  • Pro Bono Counsel, Wills for Heroes
  • Coach, Mock Trial Team, Furman University
  • Board Member, South Carolina Museum Foundation
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