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Duncan B. Douglass

Partner


Duncan Douglass heads Alston & Bird’s payment systems practice and focuses on transactions and regulatory issues related to retail and wholesale payment systems and products. Mr. Douglass has significant experience advising clients in connection with systems and services related to card-based products (credit/debit/prepaid), ACH and check-based products as well as emerging payments (including mobile, person-to-person and account-to-account payments).

Payment Card Services
Mr. Douglass regularly counsels payment card issuers and service providers in structuring card issuance programs and negotiating co-branding, program manager, issuer processor and sales/distribution agent agreements. He also advises merchants, Independent Sales Organizations (ISOs), acquirers and processors in negotiating sponsorship, acquiring and processing agreements. Further, Mr. Douglass frequently counsels PIN and signature-based card network operators in the structuring of partner relationships and in the development and implementation of policies and procedures governing network participants.

ACH and Check Services
Mr. Douglass has extensive experience advising financial institutions, processors and merchants in connection with ACH and check-based payments, including negotiating agreements on behalf of third party service providers, third party senders, retailers and financial institutions related to the authorization, acceptance and processing of ACH and check-based payments.

Emerging Payment Services
Mr. Douglass has represented numerous bank and non-bank clients in connection with product development, implementation and compliance issues related to emerging and evolving payment types and systems, including mobile payments, person-to-person payments, and account-to-account transfer systems.

Representative Experience

  • Represented a private equity firm in its bid to acquire a leading global merchant acquirer.
  • Represented numerous individual clients and trade associations in regulatory and legislative efforts related to the Dodd-Frank Act.
  • Counseled one of the nation’s largest credit card networks in various issues, including product development, international expansion, rules development and contract negotiation with network participants and third parties.
  • Counseled one of the nation’s leading non-bank payment services providers in the development of innovative products and in the structuring and negotiation of various processing relationships with retailers, financial institutions and third party service providers/vendors.
  • Advised a major ATM and PIN-debit network in multiple international strategic alliance initiatives.
  • Assisted a leading third party service provider in the development and implementation of a new ACH processing and origination service and related agreements; counseled in the negotiation of servicing relationships with multiple large customers.
  • Represented an issuing bank in the development of its payroll card program and the negotiation of a payroll card processing relationship.
  • Represented one of the nation’s largest credit card acquirers in the negotiation of national account merchant relationships.
  • Counseled more than 20 Fortune 1,000 merchants regarding electronic payment issues, including negotiation of ACH and payment card processing and gateway relationships, implementation of multi-channel check clearing solutions and ACH and card network acceptance and rules compliance.
  • Counseled retailers in the development of gift card and customer rewards programs, including third party distribution relationships.


Publications
August 2011
“Federal Reserve Board Issues Final Rule to Implement Durbin Amendment," Electronic Banking Law & Commerce Report, Vol. 15, No. 6, August 2011.
September 2009
"Credit Card Accountability, Responsibility and Disclosure Act of 2009 Becomes Law," The Banking Law Journal, September 2009.
January 2009
"An Examination of the Fraud Liability Shift in Consumer Card-Based Payment Systems," Economic Perspectives, First Quarter 2009, Federal Reserve Bank of Chicago.

Duncan B. Douglass

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7768
Fax: 404-253-8297

Education

  • Duke University
    (J.D., 2000)
  • University of South Florida
    (M.P.H., 1997)
  • Cornell University
    (B.A., 1995)

Admitted to Practice

  • Georgia
  • Florida