Margo Tank is one of the leading lawyers whose practice focuses on the intersection of financial services, technology, and government enforcement. A Partner in Buckley Sandler LLP’s Washington, DC office, she advises traditional financial services companies, as well as technology companies on the full spectrum of regulatory compliance matters related to the use of electronic signatures and records to enable digital financial services transactions offered online and via mobile devices. She also advises businesses on laws enabling money transmission and virtual currencies, emerging payments mechanisms including prepaid cards, stored value and other asset value transfers utilizing blockchain technology. Ms. Tank also advises clients on laws related to privacy and data security surrounding electronic financial services and payments matters.
Ms. Tank began her legal career as counsel to the U.S. House of Representatives, Committee on Banking and Financial Services. An early advocate for the financial services industry’s acceptance and implementation of electronic signatures, she served as counsel to the Electronic Financial Services Council and assisted the group draft and lobby for the Electronic Signature in Global and National Commerce Act (ESIGN), and is currently counsel to the Electronic Signatures and Records Association (ESRA), where she works to further electronic financial services policy before Congress and federal regulators. She also is counsel and co-reporter for SPeRS (Standards and Procedures for Electronic Records and Signatures). She is a member of the American Bar Association's Business Law Section and the Committee on the Law of Commerce in Cyberspace, a member of the Electronic Transactions Association’s Mobile Payments Committee, is on the xDTM Standard Board of Governors, and is a legal member participant in the Digital Chamber of Commerce’s SmartContract Alliance. In 2016, she was appointed as an Observer to the Uniform Law Commission’s Study Committee to Amend the Revised Uniform Law on Notarial Acts.
Noteworthy matters include:
- Assisted with the development and legal review of over 25 platforms for e-disclosure delivery, e-signing, and evaluating capability in connection with originating, selling, and securitizing electronic negotiable instruments and/or electronic chattel paper
- Development and implementation of a national mobile commerce and payment platform with multiple ecosystem stakeholders
- Advised numerous national companies on privacy, data security, and cybersecurity matters, including breach response and FTC enforcement matters
Ms. Tank has written books, articles, and surveys on electronic signatures, privacy, financial services websites and mobile apps, and more. She co-authored the 2016 Study for the Equipment Leasing & Finance Foundation, Digital Documents – Financing Paperless Transactions; eight editions of Thomson Reuter’s The Law of Electronic Signatures and Records (2012-2016), and three editions of Standards and Procedures for Electronic Signatures and Records (SPeRS), a compilation of guidelines, procedures, checklists, and strategies for developing systems to create, deliver, sign, manage, and transfer legally enforceable electronic records and signatures in commercial and consumer transactions.
She has been recognized by Legal 500 (2014-2017) in the area of Media, Technology and Telecoms – Technology: Cyber Law (Data Protection and Privacy). She is the recipient of the 2015 "ESRA Cornerstone Award" in recognition of her foundational vision and influential leadership in the advancement of electronic signatures and records. She was named a 2009 "Mortgage Banking Technology All-Star” by Mortgage Banking Magazine. Prior to joining Buckley Sandler, Ms. Tank was a Partner with Goodwin Procter LLP. She received her J.D. from Drake University, her B.A. from the University of Vermont, and also studied commercial law at Queens College, Oxford University in England.
Tremendously talented and passionate, she is universally recognized in the industry as one of the go-to experts in the field.Legal 500
Margo H, K. Tank and R. David Whitaker will discuss "ESIGN and Blockchain - Legal and Regulatory Update" at the 2017 ESRA Winter Meeting on Thursday, March 2, 2017 in Atlanta, GA. Click here to learn more about the event .Speaking Engagement
Margo Tank will speak on the "Overcoming the Final Hurdles to Digital Mortgage" panel at the Independent Mortgage Bankers Conference in Palm Springs, CA on Tuesday, January 24, 2017.Speaking Engagement
Margo Tank and David Whitaker discussed "Contract Law and E-Signatures" during a LIVE webcast sponsored by the Clear Law Institute on Friday, January 13, 2017 from 1:00 to 2:30 PM ET. Click here to learn more about the event.Speaking Engagement
Banks are beginning to receive demand letters from plaintiffs' lawyers that assert violations of the American with Disabilities Act (ADA) by not maintaining websites that provide appropriate access to consumers with disabilities. The demand letters rely heavily on an advance notice of proposed...Webcast
Margo Tank spoke on the eSignLive webcast, "Legal and Regulatory Update on Electronic Mortgage Closings," on Tuesday, November 8, 2016. Click here to learn more about the event.Speaking Engagement
Margo Tank and David Whitaker spoke on "The Latest in Regulations & Law" panel at the ESRA's eSign Records 2016 Conference in Washington, DC, on Wednesday, November 2, 2016. Click here to learn more about the event .Speaking Engagement
Mortgage Bankers Association 2016 Annual Convention & Expo: Overcoming the Final Hurdles to Digital Mortgage
Margo Tank spoke at the Mortgage Bankers Association 2016 Annual Convention & Expo on Monday, October 24, 2016 in Boston, MA. Her presentation, titled “Overcoming the Final Hurdles to Digital Mortgage,” assessed the status of eSolutions, the final barriers to eMortgage, and next...Speaking Engagement
Margo Tank spoke on the "eSignatures, eNotaries, eOdometer Panel" at the National Title Solutions Forum in Fort Worth, TX, on Thursday, October 13, 2016.Speaking Engagement
Margo H.K. Tank moderated the American Bar Association's Housing Finance Subcommittee's panel, "FinTech and Housing Finance: The State of the eMortgage" in Boston, MA on Friday, September 9, 2016.Speaking Engagement
ESIGN has enabled eMortgages since 2000, however true adoption has been slow. The new TRID requirements, the CFPB’s eClosing pilot, and growing investor acceptance of electronic signatures and records are starting to drive companies toward the “all electronic” mortgage. Please join Buckley Sandler...Webcast
Buckley Sandler Webcast: The CFPB in Privacy & Data Security: Examining the Agency's Role, Authority, and Direction
Under the Dodd-Frank Act, the CFPB inherited authority over the privacy provisions, including privacy notices, of the Gramm-Leach-Bliley Act and the Fair Credit Reporting Act. The Dwolla enforcement action announced earlier this year showed that the CFPB also intends to be involved in data security...Webcast
Margo Tank spoke on AssureSign's webinar, "eSignature: The Cornerstone of Digital Transformation," on Thursday, June 30, 2016. AssureSign CEO and ESRA Board of Director, David Brinkman is joining forces with Partner of Buckley Sandler, former counsel to the US House Committee on Financial Services...Speaking Engagement
Buckley Sandler Webcast: Data Risk in the Third-Party Ecosystem - Issues and Concerns Raised by the Ponemon Survey
When it comes to data security, US companies have serious concerns about their third-party vendors—and with good reason. According to a recent survey “ Data Risk in the Third-Party Ecosystem ,” commissioned by Buckley Sandler and Treliant Risk Advisors, and conducted by the renowned Ponemon...Webcast
Margo Tank and David Whitaker spoke on "Mobile Devices: Do's and Don'ts" at the DocuSign Momentum '16 General Counsel Summit on Tuesday, April 5, 2016 in San Francisco, CA. Click here to learn more about this event.Speaking Engagement
Margo Tank participated as observers to the Drafting Committee on the Regulation of Virtual Currency Businesses Act, April 2-3, 2016 in Chicago, IL. Click here to learn more about the event.Speaking Engagement
Margo Tank spoke at the 2016 Financial Partners, Inc. Legal Consortium on Tuesday, January 19, 2016. Her panel was titled "Electronic Signatures."Speaking Engagement
American Bar Association Consumer Financial Services Winter Meeting 2016: eMortgages - Opportunities and Challenges
Margo Tank spoke at the American Bar Association Consumer Financial Services Winter Meeting on Tuesday, January 12, 2015 in Park City, UT. Her panel was titled, "eMortgages - Opportunities and Challenges." Click here to learn more about this event.Speaking Engagement
Margo Tank, Jeremiah Buckley, and David Whitaker spoke at the eSignRecords 2015 Conference November 17-18, 2015 in New York City. Ms. Tank and Mr. Whitaker spoke on the panel "Boot Camp: ESIGN/UETA/Global Essentials - Overview, The Tricky Bits, & Legislative and Regulatory Trends" on Tuesday,...Speaking Engagement
National Association of Federal Credit Unions Webinar: E-Sign - Electronic Records and Signatures for Risk Management
Margo Tank and David Whitaker spoke on the National Association of Federal Credit Unions webinar, "E-Sign - Electronic Signatures and Records for Risk Management," on Wednesday, October 7, 2015 at 2:00 p.m. ET. Click here to learn more about this event.Speaking Engagement
Margo Tank spoke on the InsideCounsel webinar, "E-Signature Legal FAQs," on Tuesday, September 22, 2015 at 2:00 p.m. ET. Electronic signature adoption is growing among companies across all industries, driven in large part by consumer, partner and employee expectations for convenient and efficient...Speaking Engagement
Margo Tank and David Whitaker will speak at the ESRA Summer Member Meeting on Tuesday, August 11, 2015 in Chicago, IL. They will discuss electronic signature issues. Click here to learn more about this event.Speaking Engagement
Association of Insurance Compliance Professionals Great Lakes Regional Chapter Education Day: ESIGN 101 (For the Uninitiated and the 'Old Hands')
Margo Tank spoke at the Association of Insurance Compliance Professionals Great Lakes Regional Chapter Education Day on Friday, May 15, 2015 in Schaumburg. IL. Her presentation was titled “ESIGN 101 (For the Uninitiated and the ‘Old Hands’) Or How to Use Electronic Records and...Speaking Engagement
In February, the New York Department of Financial Services (DFS) published a reminder about their earlier issued guidance for the banking industry, outlining the specific issues and factors on which those institutions will be examined as part of new, targeted DFS cybersecurity preparedness...Webcast
Margo Tank and David Whitaker spoke at the Electronic Signature & Records (ESRA) Winter 2015 Member Meeting on February 25, 2015 in Orange County, CA. Click here to learn more about this event.Speaking Engagement
*This webcast was originally scheduled for Wednesday, January 28, 2015 and was rescheduled due to weather challenges facing the East Coast. Please note the new date below.* Please join us for a discussion focusing on defining and measuring the effectiveness of your privacy and security program and...Webcast
Margo Tank spoke on the Equifax webinar, "Leveraging eSignatures for Better Compliance in Mortgage Lending," on January 27, 2015. This webinar discussed such topics as: Validating identity Getting consent to electronic documents Demonstrating the document made it into the correct hands Making sure...Speaking Engagement
Risks to digital assets are evolving as new technologies, product personalization, emerging payment systems, and electronic wallets proliferate in the global digital economy. Recent data breach events have demonstrated that shareholders will hold the Board and Senior Management accountable for...Webcast
Electronic Signature & Records Association's eSignRecords 2014 Conference: Electronic Records and Signatures Defined
Margo Tank and David Whitaker spoke at the Electronic Signature & Records Association’s (ESRA) eSignRecords 2014 Conference November 12-13, 2014 in New York City. Their panel was titled “Electronic Records and Signatures Defined.” They answered questions such as: What kinds of...Speaking Engagement
Buckley Sandler CFPB Today Conference: Larger Participants and More (CRAs, Student Lending, Debt Collection, Mobile Payments
Buckley Sandler presented its inaugural CFPB Today conference on October 6, 2014 in Washington, DC. Jeffrey Naimon, Walt Zalenski, David Whitaker and Margo Tank spoke on the "Larger Participants and More (CRAs, Student Lending, Debt Collection, Mobile Payments)" panel.Speaking Engagement
2014 Association of Insurance Compliance Professionals Annual Conference - Compliance Connections West: Compliance Challenges in Electronic Transactions
Margo Tank spoke at the 2014 Association of Insurance Compliance Professionals (AICP) Annual Conference – Compliance Connections West September 14-17, 2014 in Phoenix, AZ. Her panel was titled “Compliance Challenges in Electronic Transactions.” Electronic commerce is common...Speaking Engagement
On August 6, Buckley Sandler hosted a webcast, Top 10 Things You Need to Know about the New York BitLicense Proposed Rule . Overall, our presenters agreed that the regulatory framework proposed by the New York Department of Financial Services (DFS) would establish a different and more difficult...Webcast
This webinar examined how the emergence of virtual currencies as an alternative payment system has prompted reactions by regulators at both the federal and state level. It focused in part on the recently-established Emerging Payments Task Force of the Conference of State Bank Supervisors (CSBS) and...Speaking Engagement
Margo Tank and David Whitaker presented to the General Counsel’s Executive Advisory Council during DocuSign Momentum 2014, held March 4-6, 2014, in San Francisco, CA. Margo Tank also presented on a panel titled “eSignature Legality 101” at the same event. Click here to learn more...Speaking Engagement
American Bar Association Criminal Justice Section Midyear Meeting: Virtual Currencies - Bitcoing and the Role of New Currency in Criminal Enterprise
Margo Tank spoke on the "Virtual Currencies: Bitcoin and the Role of New Currency in Criminal Enterprise" panel during the American Bar Association's Criminal Justice Section during the American Bar Association's Midyear Meeting on February 7, 2014. Click here to learn more about this panel.Speaking Engagement
Margo Tank and R. David Whitaker participated in the National Business Institute’s Legal Issues in Mobile Banking webinar on December 17, 2013 from 2:00 PM – 3:30 PM (EST). They discussed electronic fund transfers and Regulation E and gave tips on how to manage the vendor/financial...Speaking Engagement
The Electronic Signature and Record Association's E-Signatures 2013 Annual Conference: E-Sign 101 Questions, Answers, and Best Practices Panel
Margo Tank and R. David Whitaker spoke at The Electronic Signature and Record Association’s E-Signatures 2013 Annual Conference, on November 14, 2013 in New York. Their panel was titled, “E-Sign 101 – Questions, Answers, and Best Practices.” Click here to learn more about...Speaking Engagement
NAPABA's 25th Annual Convention: To A Smartphone Near You! Tips, Tricks and Pitfalls with Taking Your Business Mobile
Margo Tank spoke at the NAPABA’s 25th Annual Convention in Kansas City, MO which took place November 7-10, 2013. Ms. Tank's panel was titled “To A Smartphone Near You! Tips, Tricks and Pitfalls with Taking Your Business Mobile.” Click here to learn more about this conference ...Speaking Engagement
Margo Tank was a panelist at the American Banker's 21st Annual ATM, Debit & Prepaid Forum on October 20-23, 2013 in Las Vegas, Nevada. Her panel was titled, “Policy Issues in Mobile Payments.” Click here to learn more about this conference ...Speaking Engagement
The American Council for Life Insurers' Compliance and Legal Sections Annual Meeting: E-Delivery Panel
Margo Tank participated on a panel on E-Delivery at The American Council for Life Insurers’ Compliance and Legal Sections Annual Meeting being held in Orlando, Florida from July 17-19. Ms. Tank's panel discussed the legal and regulatory issues insurance carriers face as they move to implement...Speaking Engagement
Margo Tank participated in the DocuSign webinar, "Top 5 Things You Need to Know to Keep Your Electronic Documents Secure and Legal", on Tuesday, July 16th from 1:00 pm to 2:00 PM EDT. The webinar covered such topics as: the laws governing eSignature and electronic records, the use of electronic...Speaking Engagement
The State Attorney General Enforcement (STAGE) Network presented a webinar on digital privacy issues that featured an interview with the current President of the National Association of Attorneys General, Maryland Attorney General Douglas F. Gansler. Attorney General Gansler recently joined us for...Webcast
Andrew L. Sandler spoke at the Mortgage Bankers Association’s Legal Issues and Regulatory Compliance Conference, May 20, 2013 in Boca Raton, FL. Mr. Sandler’s panel was: “Major Litigation and Enforcement Trends.” Margo Tank spoke on the Technology Panel. Click here to view...Speaking Engagement
Margo Tank and David Whitaker spoke at the Property Records Industry Association 2013 Winter Symposium on February 27, 2013, in Washington, DC. Their session was titled, "eSign and eVerything 'e'." Click here to learn more about this event.Speaking Engagement
Electronic Signatures and Records Association 2013 Member Meeting: Key Judicial and Regulatory Developments for the Use and Acceptance of Electronic Signatures and Records
Margo Tank and David Whitaker spoke at the Electronic Signature and Records Association (ERSA) Member Meeting in Dallas, Texas, February 13th. Their presentation was titled “Key Judicial and Regulatory Developments for the Use and Acceptance of Electronic Signatures and Records." Click here...Speaking Engagement
Buckley Sandler has again been cited as one of the nation’s top law firms by The Legal 500 in its 2017 rankings, with the recognition of four practice areas: Financial Services: Litigation Financial Services: Regulatory Cyber Law (Data Protection and Privacy) Corporate Investigations and White...Press Releases
Margo Tank Quoted in eOriginal Blog Post, "The Digital Mortgage Ecosystem: Lenders, Investors and Custodians Ready for the eNote Transition"
Margo Tank was quoted on October 27, 2016 in an eOriginal blog post regarding the broadening validity and enforceability of eNotes in the digital mortgage ecosystem. Commenting on what the sector faces in the future as this broadening effect continues, Tank stated, “Two separate court decisions...In The News
Margo Tank and David Whitaker Quoted in Mortgage Lending Compliance Alert Article, "Go from Zero to eClosing Superhero in 5 Steps"
Margo Tank and David Whitaker were quoted in the Mortgage Lending Compliance Alert article, "Go from Zero to eClosing Superhero in 5 Steps," on August 22, 2016. The benefits of eClosings are faster liquidity in the secondary market, cost savings, and increased data quality, according to Fannie Mae...In The News
Margo Tank Quoted in Mortgage Lending Compliance Alert Article, "Compliance: Increase Efficiencies, Make Borrowers Happy with eClosings"
Margo Tank was quoted in the Mortgage Lending Compliance Alert article, "Compliance: Increase Efficiencies, Make Borrowers Happy with eClosings," on July 15, 2016. The Consumer Finance Protection Bureau (CFPB) recently implemented a pilot program to uncover the benefits of using electronic closing...In The News
Margo Tank was noted as a member ofxDTM Standard's Board of Governors in their June 28, 2016 announcement, "Global xDTM Standard Empowers European Organizations to Make the Digital Transformation with Trust and Confidence." Click here to read the full article.In The News
Buckley Sandler LLP has again been noted as one of the nation’s top law firms, with recognition of four practice areas by The Legal 500 in its 2016 rankings: Financial Services: Litigation Financial Services: Regulatory Technology: Data Protection and Privacy White-Collar Criminal Defense In...In The News
Margo Tank Quoted in National Mortgage News Article, "Court Wins Set Important Precedent for Paperless Mortgages"
Margo Tank was quoted in Jacob Passy's National Mortgage News article, "Court Wins Set Important Precedent for Paperless Mortgage," on May 20, 2016. Two recent court rulings affirmed that lenders can enforce electronically signed and transferred notes, laying important groundwork for wider adoption...In The News
Margo Tank Quoted in Legaltech News Article, "Distrust of Vendors Raises Questions on Data Security, Regulatory Compliance"
Margo Tank was quoted in Ian Lopez's Legaltech News article, "Distrust of Vendors Raises Questions on Data Security, Regulatory Compliance," on April 5, 2016. Obviously data breaches aren’t trust builders, but many companies are skeptical even of those parties with which they share confidential...In The News
WASHINGTON, DC (April 4, 2016) – When it comes to data security, US companies have great concerns about their third-party vendors. More than a third of businesses “do not believe their primary third-party vendor would notify them if a data breach involving sensitive and confidential information...In The News
Andrew L. Sandler and Margo Tank Quoted in Bloomberg BNA Article, "Why the CFPB is About to Ramp Up Cyber Enforcement"
Andrew L. Sandler and Margo Tank were quoted in Gabe Friedman's Bloomberg BNA article, "Why the CFPB is About to Ramp Up Cyber Enforcement," on March 3, 2016. The Consumer Financial Protection Bureau stepped into the cyber security enforcement realm on Wednesday, announcing its first enforcement...In The News
Andrew L. Sandler and Margo Tank Quoted in PaymentsCompliance Article, "Dwolla Fined As Tough Regulator Takes First Data Security Action"
Andrew L. Sandler and Margo Tank were quoted in Mark Taylor's PaymentsCompliance article, "Dwolla Fined As Tough Regulator Takes First Data Security Action," on March 3, 2016. Online payment platform Dwolla is to pay a $100,000 fine for “deceiving” consumers over data handling as an...In The News
Andrew L. Sandler and Margo Tank Quoted in Law360 Article, "CFPB Turns Focus From Consumer Harm in Data Security Debut"
Andrew L. Sandler and Margo Tank were quoted in Allison Grande's Law360 article, "CFPB Turns Focus From Consumer Harm in Data Security Debut," on March 3, 2016. The Consumer Financial Protection Bureau burst onto the increasingly crowded data security scene Wednesday by taking aim at an online...In The News
Andrew L. Sandler and Margo Tank Quoted in Credit Union Times Article, "Dwolla Action Opens New Territory for CFPB: Attorneys"
Andrew L. Sandler and Margo Tank were quoted in Roy Urrico's Credit Union Times article, "Dwolla Action Opens New Territory for CFPB: Attorneys," on March 3, 2016. Legal experts said they believe the CFPB’s action against online payment provider Dwolla – its first action related to data security –...In The News
Margo Tank Quoted in PaymentsCompliance Article, "The Great Balancing Act: Payments Regulation Today"
Margo Tank was quoted in Mark Taylor's PaymentsCompliance article, "The Great Balancing: Act Payments Regulation Today," on Thursday, February 4, 2016. The challenge of regulating payments in an age of terrorism has been brought into focus by this week’s EU announcement that fresh money laundering...In The News
Margo Tank Quoted in National Mortgage News Article, "Paperless Automation Key to Lender Compliance and Competition"
Margo Tank was quoted in Austin Kilgore's National Mortgage News article, "Paperless Automation Key to Lender Compliance and Competition," on Monday, December 28, 2015. An offshoot of the increased emphasis that regulators and the GSEs have put on prioritizing the underlying data of a loan over...In The News
Margo Tank Quoted in Mobile Payment Magazine Article, "A Tale of Two Investments: Blockchain Enjoys the Best of Times"
Margo Tank was quoted in Mark Taylor's Mobile Payments Magazine article, "A Tale of Two Investments: Blockchain Enjoys Best of Times," on November 12, 2015. Financial services expert Margo Tank, a partner at Buckley Sandler’s Washington, D.C. office, believes engaged and inquisitive lawmakers may...In The News
Margo Tank Quoted in Bloomberg BNA Article, "Company Needs Dictate Which E-Signature Solution to Use"
Margo Tank was quoted in Alexis Kramer's Bloomberg BNA article, "Company Needs Dictate Which E-Signature Solution to Use," on October 8, 2015. E-signature solutions include typed names, clickwrap signatures, recorded voices, biometric measurements (e.g., retina scan, fingerprint matching) and...In The News
Buckley Sandler LLP is pleased to announce that The Legal 500 United States 2015 has recognized the firm and its attorneys in four practice areas. The firm has been recognized in the following practice areas: • Finance - Financial Services: Litigation • Finance - Financial Services: Regulatory •...Press Releases
Margo Tank Quoted in xDTM Standard Association Announcement, "300+ Organizations Endorse xDTM Digital Transaction Management Standard"
Margo Tank was quoted in xDTM Standard Association’s announcement, “300+ Organizations Endorse xDTM Digital Transaction Management Standard,” on March 10, 2015. "The time is right for the xDTM Standard. The legal framework is clearly in place," said Margo Tank, Partner, Buckley Sandler. "The...In The News
Margo Tank Quoted in Bloomberg BNA Article, "Outlook 2015: Finance Tech: Cybersecurity, Payment Processing, Virtual Currency, Patents"
Margo Tank was quoted in Chris Bruce's Bloomberg BNA article, "Outlook 2015: Finance Tech: Cybersecurity, Payment Processing, Virtual Currency, Patents," on January 27, 2015. Payments, Payments, Payments There is near unanimity that 2015 will bring landmark changes in the payments arena. Margo Tank...In The News
Margo Tank Quoted in IA Watch Article, "If You Opt to Use E-Signatures, Mind These Compliance Pointers"
Margo Tank was quoted in the IA Watch article, "If You Opt to Use E-Signatures, Mind These Compliance Pointers," on January 8, 2015. Congress passed the Electronic Signatures Act in 2000, prompting the SEC the next year to finalize a new rule permitting their use. It amended two rules, including...In The News
Margo Tank was featured in Financier Worldwide's "2014 Data Protection & Privacy Laws Annual Review". Ms. Tank contributed to the United States chapter of the report with a Q&A feature on the state of data protection and privacy laws and the regulatory environment in the United States. Q:...In The News
Buckley Sandler LLP hosted its inaugural CFPB Today conference in Washington, DC October 5-6, 2014. The two-day event featured an evening of interactive roundtable discussions on CFPB trends, followed by a full day of seminars. The roundtables and seminars were led by approximately 30 Buckley...In The News
Partner Margo Tank was quoted in Alan Zibel's article "Five Questions About the Bitcoin Crackdown" August 12, 2014 in the Wall Street Journal . Scrutiny from the CFPB and the New York Department of Financial Services is likely to benefit companies who are thorough about complying with the law and...In The News
Margo Tank Quoted in Inside Bitcoin News Article, "European Regulator Tells Banks Not to Buy, Hold, or Sell Bitcoin and Other Virtual Currencies"
Margo Tank was quoted in the July 7, 2014 Inside Bitcoin News article, "European Regulator Tells Banks Not to Buy, Hold or Sell Bitcoin and Other Virtual Currencies." “Virtual currency is here to stay” says Margo H.K. Tank, a partner at Buckley Sandler, a Washington, D.C. based law firm...In The News
John Kromer, Margo Tank, and Walter Zalenski Interviewed in Bloomberg Government: "Clearing a Path in the States for Financial Technology Companies"
Partners John Kromer, Margo Tank, and Walter Zalenski were quoted extensively in the July 10, 2014 Bloomberg Government article, "Clearing a Path in the States for Financial Technology Companies." “It's a little bit of a patchwork,” said Margo H.K. Tank, a partner with Buckley Sandler in Washington...In The News
Margo Tank was quoted in Austin Kilgore's May 5, 2014 article, "Wording of FHA E-Sign Rule Confuses Industry," in National Mortage News . "I know what they're saying and what they probably mean and how I'd interpret it, but there's some wording in here that's a little careless," says Margo Tank, a...In The News
Margo Tank and David Whitaker Quoted in Chicago Tribune, "Consumer Bureau to Test Electronic Mortgage Closings"
Margo Tank and David Whitaker were quoted in the Chicago Tribune article, "Consumer Bureau to Test Electronic Mortgage Closings," on May 3, 2014. "If they can't do the entire process electronically, some companies are saying to us, 'It's not worth it. It's too hard for us to manage a hybrid...In The News
Panelists, including Buckley Sandler partner Margo Tank, discuss the emerging use of bitcoin virtual currency and the government’s ability to regulate the industry during the American Bar Association's (ABA) Criminal Justice Section panel, “Virtual Currencies: Bitcoin and the Role of New Currency...In The News
WASHINGTON, DC (January 24, 2014) – Buckley Sandler LLP , a leading financial services regulatory, criminal & civil enforcement defense law firm, has launched a Privacy, Cyber Risk & Data Security Hotline to assist companies with mitigating online security risks. The Hotline ( 1-855-5-DATA-...Press Releases
Margo Tank was interviewed for Law360's Rainmaker Q&A on July 23, 2013. Q: How did you become a rainmaker? A: Becoming a successful attorney is a series of choices, a lot of hard work, seizing opportunities, developing an expertise and a little luck. My practice now focuses on e-commerce,...In The News
Buckley Sandler is pleased to announce that eight of its attorneys and two of its practice areas have been listed in the 2013 Legal 500. Our 2013 listings are: Practice Area: White-Collar Criminal Defense Christopher Regan David Krakoff James Parkinson Buckley Sandler LLP’s white-collar group is...In The News
Margo H. K. Tank and R. David Whitaker Authored a White Paper on, "Enabled by Lenders, Embraced by Borrowers, Enforced by the Courts: What You Need to Know About eNotes"
I. Purpose of the White Paper Over the past 30 years, the residential mortgage lending industry has largely transitioned to electronic systems for managing documents related to the origination and servicing of residential mortgage loans. These digitization efforts have, however, been primarily...Articles
Margo H. K. Tank and R. David Whitaker Authored a SIGNiX Blog, "The Secret Sauce for Electronic Records: System Audit Logs"
Most software platforms for presenting and signing electronic records (a “platform”) capture and preserve information concerning the delivery and signing process for each record presented on the platform. The file preserving this information is often referred to as an “audit log.” Audit logs serve...Articles
David Baris, Margo H. K. Tank, and Lori J. Sommerfield Authored a Law360 Article, "ADA Compliance for Financial Institutions In The Crosshairs"
During the second half of 2016, numerous financial institutions of all sizes began receiving demand letters from plaintiffs firms representing disabled individuals and seeking settlements for violations of website accessibility standards related to Title III of the Americans with Disabilities Act (...Articles
On December 2, 2016, the Office of the Comptroller of the Currency (“OCC”) announced its plans to move forward with developing a special purpose national bank charter for financial technology (“fintech”) companies. Accompanying the Comptroller of the Currency, Thomas J. Curry’s announcement, the...InfoBytes
On September 13, the New York Department of Financial Services (DFS) issued a proposed rule establishing cybersecurity requirements for financial services companies, and has thus ventured into new territory for state regulators. In the words of Governor Cuomo, “New York, the financial capital of...Articles
On June 23, the Maryland Court of Appeals affirmed a lower court judgment holding that a non-bank entity assisting consumers obtain loans from an out-of-state bank and then repurchasing those loans days later qualifies as a “credit service business” under the Maryland Credit Services Business Act (...Articles
It’s no secret that digital is overtaking the finance industry, and mortgage is no exception. However, while end-to-end digital mortgage solutions exist that ensure secure management of documents and loans throughout the entire process, from loan execution through post-lifecycle management,...Articles
The Law of Electronic Signatures and Records is an essential guide to electronic signatures and records laws, including the context in which the laws were adopted and the ways in which the authors believe the drafters intended them to be interpreted. Buckley Sandler attorneys Margo Tank, David...Articles
Data breaches are on the rise and the percentage of those data breaches caused by third-party relationships is also expected to rise. In our recent survey, “Data Risk in the Third-Party Ecosystem,” conducted by the Ponemon Institute, 49% of respondents indicated their company had...Articles
Special Alert: CFPB Enters into First Consent Order with Online Payment Platform for Misrepresenting Data Security Practices
On March 2, the CFPB took action against an Iowa-based online payment platform and entered into a Consent Order for deceptive acts and practices relating to false representations regarding the company’s data security practices in violation of 1031(a) and 1036 (a)(1) of the Consumer Financial...Articles
The Law of Electronic Signatures and Records is an essential guide to electronic signatures and records laws, including the context in which the laws were adopted and the ways in which the authors believe the drafters intended them to be interpreted. Buckley Sandler attorneys Margo Tank, David...Articles
Special Alert: CFPB Issues Guidance Regarding Preauthorized Debit Transactions Under the Electronic Fund Transfer Act and Regulation E
On November 23, 2015, the Consumer Financial Protection Bureau (“CFPB”) released Compliance Bulletin 2015-06 (“Bulletin”), which provides industry guidance on the Electronic Fund Transfer Act (“EFTA”) and Regulation E requirements for obtaining consumer authorizations for preauthorized electronic...Articles
The fifth edition of the Practising Law Institute’s Consumer Financial Services Answer Book was published this month, with 29 Buckley Sandler attorneys contributing to this leading desk reference. The 2016 edition of the Consumer Financial Services Answer Book continues to provide practitioners...Articles
Special Alert: Cross-Border Data Transfers Significantly Impacted by EU Court Decision Invalidating Adequacy of U.S.- EU Data Protection Safe Harbor Framework
On October 6, 2015, the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner (“Schrems”) declared “invalid” a decision of the European Commission that the United States-European Union Safe Harbor framework (Safe Harbor) provides adequate protection for personal...Articles
Last week, the U.S. Court of Appeals for the Third Circuit affirmed the Federal Trade Commission’s authority to hold companies accountable for their data security practices under Section 5 of the FTC Act (15 U.S.C. § 45(a)), which declares unlawful “unfair or deceptive acts or practices in or...Articles
In 2014 , the Consumer Financial Protection Bureau (“CFPB”) initiated an eClosing pilot program. The eClosing pilot was intended to assist the CFPB in evaluating the use of electronic records and signatures in the residential mortgage closing process. The pilot program has now been completed and on...Articles
Margo Tank and David Whitaker authored "Special Considerations For Perfection Opinions Covering Electronic Chattel Paper As Collateral," which was published in the Spring 2015 edition of the Journal of Equipment Lease Financing. Click here to access the Spring 2015 edition of the Journal (...Articles
Margo H. K. Tank and R. David Whitaker Authored The Equipment Leasing & Finance Foundation Study, "Digital Documents: Financing Paperless Transactions"
The Equipment Leasing & Finance Foundation (the “Foundation”) commissioned Buckley Sandler LLP to produce this Study in order to provide: A snapshot of the current use of electronic records and signatures by equipment lessors (“Lessors”) in connection with the origination of equipment leasing...Articles
Special Alert: CSBS Issues Policy, Draft Model Regulatory Framework, and Request for Comment Regarding State Regulation of Virtual Currency
On December 16, 2014, the Conference of State Bank Supervisors (“CSBS”) issued a Policy on State Regulation of Virtual Currency (the “Policy”), Draft Model Regulatory Framework, and a request for public comment regarding the regulation of virtual currency. The Policy and Draft Model Regulatory...Articles
Financial institutions have a double burden when facing the digital era: keeping up with changing technology and keeping up with regulators’ attempts to respond to and encourage those changes. In response to consumer demands, financial institutions are developing mobile apps and mobile-responsive...Articles
Delaware’s Fiduciary Access to Digital Assets and Digital Accounts Act (H.B. 345) makes Delaware the latest state to regulate access to “digital assets” after death. Unless the account-holder instructs otherwise, legally appointed fiduciaries will: (1) have the same access to...Articles
On September 22, 2014, following a two-month trial, a federal jury in the Eastern District of New York ruled in favor of a group of 297 individual plaintiffs in a civil suit accusing Arab Bank PLC, headquartered in Amman, Jordan, of supporting terrorism. Linde vs. Arab Bank PLC , No. 1:04-CV-2799 (...Articles
Buckley Sandler lawyers played a prominent role in the publication of this leading desk reference on consumer financial services, published by the Practising Law Institute. The 2015 edition of this publication continues to provide practitioners with a core understanding of the laws governing...Articles
New York Virtual Currency Proposal Could Capture Certain Bank Products | CFPB Issues Consumer Advisory | CFPB Announces Acceptance of Consumer Complaints New York Virtual Currency Proposal Could Capture Bank Products, Card Rewards Programs On July 17, the New York Department of Financial Services (...Articles
On April 23, in conjunction with its “Know Before You Owe” initiative, the CFPB hosted a mortgage closing process forum, which featured remarks from Richard Cordray, HUD Secretary Shaun Donovan, consumer advocates, and industry representatives, including Buckley Sandler’s David Whitaker. The Bureau...Articles
Look Before You Invest: Bitcoins, Virtual Currencies, Emerging Payment Products, and Regulatory Compliance
Emerging payment products, such as Bitcoin, present tantalizing investment opportunities. The claim that these products are “unregulatable,” or “free of the power of the state” increases the temptation to participate, because if true, regulatory uncertainty associated with traditional financial...Articles
As recent events relating to virtual currencies indicate, emerging payment providers face a rising tide of regulatory scrutiny at the state and federal levels. In their recent article, Margo Tank discusses some requirements and penalties of relevant laws and regulations, including federal money...Articles
The securities industry has been at the forefront of adopting and using electronic technology to comply with its regulatory obligations. The industry has been slower, however, to adopt electronic signatures, in part because of the complex interaction of the laws and regulations aff ecting their use...Articles
For most of the population, the continually expanding use of, and reliance on, electronic devices as part of financial transactions has been a largely positive experience. But for those users with disabilities, especially visual or mobility impairment, navigating and using electronic financial...Articles
NACHA, the Electronic Payments Association, has just taken a step towards easing consumer payments via mobile devices. The Council for Electronic Billing and Payment, a subsection of NACHA, released its 'Quick Response Encoding for Consumer Bill Pay Guidelines, version 1.0,' in January. Margo H.K...Articles
Originally published in Internet Law & Strategy , reprinted with permission. In a sign of the role new technology is playing in existing business models, two federal regulators recently released guidance covering two rapidly expanding technology markets: social media and mobile technology. The...Articles
There is little question that smartphones and tablet computers are re-shaping the delivery of financial services to consumers. The mobile device is rapidly becoming a full-fledged platform for electronic financial services, and especially for mobile payments. Juniper Research and Gartner estimated...Articles
The Law of Electronic Signatures and Records , prepared by practitioners and members of committees who work on e-sign issues, helps you understand the impact of, and the liability associated with, electronic signatures and electronic records laws. It summarizes the legal requirements associated...Articles
A 12 June 2012 unpublished decision of the Michigan Court of Appeals shed light on the necessity for and possible methods of attributing electronic signatures and in the process, found an insurance company's online account service program adequately attributed the electronic signature to the...Articles
Awards & Recognitions
- 2015 Cornerstone Award, Electronic Signatures & Records Association
- Legal 500 2012-2017: Recognized in the Media, Technology and Telecoms - Technology: Cyber Law (Data Protection and Privacy) practice area
- J.D., Drake University, 1992 (with honors)
- B.A., University of Vermont, 1985
- District of Columbia
- Counsel to the U.S. House of Representatives, Committee on Banking and Financial Services