Of Counsel
Brad has focused his practice on payments law, digital marketing and complex business litigation for 20+ years. In the payments space, Brad represents acquirers, third party agents (ISO/PF/TPP), marketplace platforms, sales agents, and high-risk merchants. Brad’s clients also include private jet charter companies and high net worth individuals.
Brad prosecutes and defends residual disputes, billing disputes, and reserve recovery matters, involving breach of contract, fraud, theft and UCL claims. As a plaintiff’s lawyer, Brad has successfully recovered tens-of-millions of dollars in wrongly withheld residuals and merchant funds for his clients; and is actively litigating multiple class action lawsuits on behalf of merchants against acquirers and their MSPs for improper billing practices.
Brad routinely gets wrongfully MATCH-listed merchants off MATCH.
Brad drafts, reviews and negotiates all types of third party agreements; sales agent agreements; portfolio deconversion, BIN transfer, and portfolio purchase agreements; merchant and sub-merchant agreements; and personal and cross-corporate guarantees.
Brad routinely counsels high-volume e-commerce merchants on a wide range of regulatory and card brand compliance issues, including the Federal Trade Commission Act, the Restore Online Shoppers Confidence Act, Click-to-Cancel, Telephone Consumer Protection Act, Children’s Online Privacy Protection Act, the California Consumer Privacy Act, the California Privacy Rights Act, the California Automatic Renewal Law, and the Visa and Mastercard Rules for Negative Option Merchants.
Brad has also helped a wide range of businesses and individuals (including online marketers, sales agents and payment processors) to respond to Civil Investigative Demands, and obtain favorable resolution of Civil Enforcement Actions, by the Federal Trade Commission and State Attorneys General; and routinely defends businesses against individual and class action lawsuits brought under the TCPA and the California Unfair Competition Law, among other statutes.
Brad routinely handles a wide range of complex and “bet the company” business litigation, including intellectual property, business divorce, and derivative actions.
Brad is a member of the California bar, and is licensed to practice in the state and federal courts of California. He also routinely works with trusted local counsel to represent clients in arbitrations, state court actions and federal district court actions throughout the United States, including Arizona, Florida, Illinois, Ohio, Nevada, New York, Pennsylvania, Rhode Island, Texas, Utah, Washington, Wyoming and Puerto Rico.
Brad is an active member of the Electronic Transactions Association Banking Committee and Compliance Committee, and the Association of Payment Professionals.
Brad obtained his JD from UCLA School of Law in 1998, and his BA from University of Pennsylvania in 1994.
Brad is a fluent Spanish speaker.
For a new world
Sophisticated legal counsel. Outstanding results.