Nancy R. Wilsker

Partner

617-378-4384

Nancy has extensive experience representing state and federally chartered banks, thrifts, and credit unions, as well as mortgage companies, mortgage brokers, and other non-bank financial institutions. She counsels clients broadly on operational and business issues, including matters relating to the design, implementation, and maintenance of retail banking products (including online and mobile banking programs); general regulatory compliance; marketing programs; prepaid products; payment systems; privacy policies and information security policies; dealings with supervisory agencies; cash management systems; and vendor agreements.

Nancy, who is now the Chair of the Firm’s Privacy & Data Security Law Group, has expanded her privacy practice beyond the financial services industry to counsel businesses in many industries on data protection and cybersecurity issues. She routinely assists clients in developing strategies for protecting personal information in their possession, website privacy policies and terms of use (including for websites directed toward children), written information security policies (“WISPs”), and data security and data destruction procedures; in responding to data security breaches; and in complying with the Payment Card Industry Data Security Standard (“PCI DSS”).

Nancy’s years drafting form contracts for the financial services industry have given her deep experience in drafting customer-facing documents that promote – rather than hinder – the business relationship between her client and the client’s customers. She now uses this experience to assist businesses in many industries developing form contracts that will be signed with little or no negotiation, such as website terms of use, end user agreements, maintenance agreements, marketing agreements, sweepstakes rules, and vendor agreements of all types.

Nancy also represents domestic and foreign corporate clients in complex business arrangements, typically involving the development, licensing, marketing, and distribution of technology products.

Practices

Education

Boston College Law School, J.D., 1980

cum laude

Brandeis University, B.A., 1977

cum laude

Experience

Representative Transactions

Banking & Financial Services

Represented national distributor of prepaid cards in landmark federal preemption case and in distribution and branding of various prepaid cards.
Negotiated joint venture agreements for development of affinity marketing programs for credit cards, insurance, rewards programs, and other identifiable groups.
Created a national consumer finance program for a manufacturer of recreational vehicles and other consumer products, including developing documents for use in 50 states and managing the licensing process.
Designed streamlined cash management documentation, later adopted widely throughout the industry.
Represented state-chartered bank in FDIC investigation of alleged age discrimination in underwriting practices.
Developed online banking documentation and procedures for various financial institutions.
Developed mobile banking documentation and procedures for various financial institutions.
Negotiated agreements for bill payment, foreign exchange, and other funds transfer services by and among banks, their correspondents, and their customers.
Negotiated credit card and loan correspondent relationships.
Represented various financial service providers in licensing, examination, and other proceedings with the Massachusetts Division of Banks.

Privacy & Data Security

Developed Written Information Security Programs (WISPs) for a variety of business entities to comply with the requirements of Massachusetts General Laws ch. 93H and related Attorney General regulations.
Assisted financial institutions with development and implementation of privacy policies.
Developed website Terms of Use and Privacy Policies for various entities, including businesses providing online content for children.
Represented business entities in responding to breach of data security, including developing strategies for identifying affected individuals and drafting communications with government officials and affected individuals.

Corporate & Technology

Negotiated electronic distribution and digital publishing agreements, including digital rights management strategy, on behalf of audio book publisher.
Negotiated agreements on behalf of European developer of satellite radio service for design and manufacture of radio units; microchip development; conditional access system; vehicle installation; and other matters.
Negotiated design, development, and supply agreements with Dell Computers, Cisco Systems, IBM, Motorola, and others on behalf of hardware manufacturer.
Negotiated limited and enterprise licenses with Ford Motor Company, Federal Express, RPS, and others on behalf of software developer.
Designed standard form licensing, OEM, and distribution agreements for software developers in telecommunications, airline, manufacturing, and other industries.

Credentials

Work Experience

Hinckley Allen
- Partner (2011-Present)
- Co-Chair, Banking & Financial Institutions Law Group
- Chair, Privacy & Data Security Law Group
Brown Rudnick LLP
- Partner (1987-2011)
- Associate (1980-1987)

Honors & Awards

Best Lawyers of America® (2010-2019) Recognized for Banking & Finance Law and Financial Services Regulation Law
Massachusetts Super Lawyers (2004, 2013-2017)
Boston Business Journal as a “Leader in Diversity” (2010)
Massachusetts Lawyer's Weekly, "Woman of Justice" (2009) in partnership with the Women's Bar Association and the Massachusetts Association of Women Lawyers
Women's Business Boston, "Top Ten Lawyer" (2008)
American College of Consumer Financial Services, Fellow
Martindale-Hubbell® AV Peer Review Rating, Recipient

Charitable & Civic Involvement

Engaging Schools, Director
Facing History and Ourselves National Foundation, Inc., Leadership Council
Greater Boston Chamber of Commerce Women's Network Advisory Board, Member
Simmons School of Management Women's Initiative Forum, Member

Professional Affiliations

American Bar Association, Business Law Section and Consumer Financial Services and Intellectual Property Subcommittees, Member
Boston Bar Association, Banking & Financial Services Committee, Member (Co-Chair, 2005-2009)
Massachusetts Bankers Association, Legal and Regulatory Compliance Committee
Eastern Massachusetts Compliance Network, Member