Sr. Counsel, Digital Assets

At Early Warning, we’ve powered and protected the U.S. financial system for over thirty years with cutting-edge solutions like Zelle®, Paze℠, and so much more. As a trusted name in payments, we partner with thousands of institutions to increase access to financial services and protect transactions for hundreds of millions of consumers and small businesses.

Positions located in Scottsdale, San Francisco, Chicago, or New York follow a hybrid work model to allow for a more collaborative working environment.

Candidates responding to this posting must independently possess the eligibility to work in the United States, for any employer, at the date of hire. This position is ineligible for employment Visa sponsorship.

Overall Purpose

We are seeking an experienced Sr. Product Counsel to serve as a trusted advisor to help us shape the future of payments. As a member of our legal team, you will be the go-to subject matter expert responsible for advising the business on cutting edge, innovative and first-of-their-kind payment solutions at the center of the banking industry. You will partner with our Product, Compliance, Risk, Strategy, Marketing, Communications and our owner banks to solve a broad range of challenging and complex legal and regulatory issues across the product life cycle.

Essential Functions

• Provide first-line, day-to-day legal counsel and support to the product team on all legal matters arising in the business unit

• Interpret and apply U.S. and international legal and regulatory frameworks and requirements applicable to payments, digital assets, blockchain, bank regulatory, and privacy such as the GENIUS Act, the National Bank Act, Bank Secrecy Act (BSA), OFAC/sanctions compliance, EFTA/Reg E, UCC, UDAAP/UDAP, GLBA/Reg. P and evolving stable coin and digital asset regulations.

• Guide business partners in the launch, operation and scaling of innovative payment solutions in a legally compliant manner.

• Advise on national trust bank charter and licensing regulatory requirements for digital currency payment solutions.

• Support the Product and Contracts teams in the drafting and negotiation of commercial agreements.

• Provide pragmatic and strategic legal counsel and support to the product team regarding new business initiatives and product development

• Draft, review and approve clear and concise public facing disclosures, disclaimers, terms of use or other public facing documents pertinent to the products

• Advise clients both on individual customer contract issues and in designing contract language that best meets business objectives

• Ability to draft, review and negotiate a variety of complex commercial relationships supporting the business unit objectives, including strategic partner, sales and supplier agreements

• Act as department expert on specialized product or legal issues in the context of contract negotiations, audits, litigation, regulatory exams and other legal proceedings

• Assess legislative or regulatory developments with actual or potential impact on key product initiatives and strategies and partner with the business team to identify and implement related policies, standards, processes and practices

• Liaison with other Legal and Compliance department personnel to provide seamless support to the business unit

• Manage and supervise outside counsel as needed

• May manage and supervise lower-level attorneys and/or other legal personnel 

• Assist with corporate governance functions

• Support the company’s commitment to risk management and protecting the integrity and confidentiality of systems and data

Minimum Qualifications

• Juris Doctor from accredited law school; admission to Arizona or other State bar

• Eight or more years’ in-house or corporate counsel experience, with strong background advising financial institutions or financial services companies on compliance with consumer financial services and privacy laws and regulations

• Ability to learn new substantive areas of the law

• A strong understanding of relevant experience advising clients regarding the regulation of digital assets (including stable coins and tokenized deposits), and blockchain technology.

• Significant expertise and relevant experience advising financial services industry market participants regarding compliance with anti-money laundering, sanctions, data privacy, consumer protection regulations including, for example, Bank Secrecy Act, FinCEN guidelines, FATF recommendation