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Keep your riserising lawyers under 40 eye on these 14

John Disney/Daily Report duncan douglass | 39 Partner, Alston & Bird

When HE PEERS into the near future, of technology available to all. “It’s coming, but the landscape is still open. Duncan Douglass sees customers buying Douglass doesn’t know which on-the-go We’re not even down to a VHS vs. Betamax, or anything and everything with their payment technology will catch on, but he’s a Blue-ray vs. HD DVD,” he says. “There aren’t smartphones—no required. convinced that it will, likely within the next two front-runners that are battling it out for which Douglass is at the forefront of mobile payment five years. Possibilities for purchases include one will drive the direction of mobile payments.” systems law, a niche he’s carved out at Alston & cellphone bar codes, microchips that send a The lack of a dominant technology—or Bird working with banks, credit card companies wireless buying signal or perhaps a single-use laws and regulations to govern it—creates and vendors toward the goal of making this kind payment number code. an opportunity for Douglass and his client

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companies to shape the legal implications customer loyalty with their own payment UNDERGRADUATE: from the beginning. He’s been working with systems, such as the Starbucks app and mobile Cornell University, government companies and government agencies to define gift card. the rules. Douglass became a mobile payments expert law school: Duke University School of Law In many cases, he says, it’s unclear whether when the work came to him. After clerking existing banking rules apply, including the for Judge Gerald Tjoflat at the U.S. Court of as a kid wanted to be: newer ones created as a result of the Dodd- Appeals for the Eleventh Circuit, he joined A doctor Frank financial reform law. Alston & Bird’s group as an last vacation: Should a cellphone company be treated like associate in 2001. He handled securities and Bar Harbor, Maine (July 2012) a bank when it extends credit for customers to M&A work, and he was designated as the point buy ring tones or video games, and then adds person for the firm’s electronics payments last book: the cost to your monthly bill? What consumer business in this third or fourth year. By his The Girl With the Dragon Tattoo by Stieg protections should be granted when companies fifth year, the fast-growing practice had taken Larsson want to use individuals’ purchasing data for over his entire workload. fallback career: marketing purposes? Are phone payments Today, the firm’s payments group includes Fishing guide entitled to similar liability protections as debit five partners, three counsel and about eight cards, or are they more like prepaid gift cards? supporting associates. first job: “There’s generally a desire for the approach Besides mobile payments, Douglass also Hospital orderly to be cautious, not to stifle innovation, not to negotiates with international banks and credit the takeaway: impose an unnecessary burden on the industry,” card companies to ease to money abroad. Being responsive and available goes a long Douglass says. The firm has been working with networks way toward getting ahead. Douglass works with The Clearing House, to expand their reach in countries including the nation’s oldest banking association and China, South Korea, Singapore and India, he says. He suspects a technology called near field payments company, on almost a daily basis says. communication, which establishes radio links to help draft comment letters, amicus briefs, An agreement reached in 2010 between between devices in close proximity, will win out, facilitate discussions with lawmakers and craft Services and BC Card but he acknowledges that “five years from now, remittance transfer proposals, says Rob Hunter, customers in South Korea allowed BC Card people may be laughing at me for saying that.” deputy general counsel. customers to make purchases and get cash “We’re seeing the technologification—if I “Duncan’s substantive knowledge is where Discover cards are accepted. can make up a word—of the population, and extraordinary. It runs the spectrum of “He understands the importance of that’s sort of a predicate step to using some of payments-related legal issues,” Hunter says. taking business objectives into account when these new payment mechanisms that are in “I’m always amazed by the careful attention considering legal issues,” says Nancy Brooks, development,” he says. “That’s why we see a to detail he brings to any project. I would rank Discover’s vice president and assistant general tremendous growth potential in the area.” Duncan among the very best payments lawyers counsel. —Mark Niesse in the country.” For Fiserv, an information management Many companies want to get in on the mobile and electronic commerce systems provider, payments action even though few consumers Douglass has provided advice on regulatory have used this kind of technology. compliance, emerging payment platforms and More and more banks and credit card complex commercial transactions, says Jared companies will allow transactions through Silverman, the company’s group counsel for smartphone apps. Services such as Google digital payments. Wallet will begin to store credit card “He is able to quantify and qualify risk in a information on a phone, with purchases meaningful way, which is extremely valuable in completed by tapping it to a device at the point guiding business decisions,” Silverman says. of sale. Companies such as PayPal will expand For mobile payments to become retail partnerships similar to its arrangement commonplace, more people need to become with The Home Depot Co., in which customers comfortable with smartphones and more Reprinted with permission from the 8/27/12 edition of the DAILY REPORT can shop by using a PayPal card or mobile phone businesses need to become equipped with © 2012 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. Contact: 877-257-3382 [email protected] number. Businesses themselves will try to gain devices that can connect with them, Douglass or visit www.almreprints.com. # 451-08-12-04

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