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wilsker

Nancy R. Wilsker

Partner

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.

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

Bar Memberships

  • Massachusetts, 1980

News & Insight

Publication

Does Your Business Have A Customer, User, Employee, Member, Investor, Or Prospect Who Lives In The European Economic Area?

April 10, 2018

If you answered "yes"If your business collects “personal data” from a resident of the European Union or of any of the additional three states in the European Economic Area, you must comply with the EU’s General Data Protection Regulation (GDPR) by Ma…

Publication

Does a Ransomware Attack Mean There Was a Data Breach?

June 28, 2017

“Data held hostage.”  Years – even months – ago, the concept may have sounded absurd.  Today, it is becoming all too common. Ransomware has quickly become a household term, due, in part, to the recent WannaCry attack.  When a ransomware attack s…

Publication

Data breach preparedness for NH businesses

March 24, 2016

Businesses today are collecting and storing more personal information than ever before, but their data security systems may not have kept pace.Data security plans are especially important for businesses in the Granite State, which has specific laws mandati…

Publication

$48M Arbitration Award vs. Investment Advisor Upheld

December 7, 2015
Publication

EU-US Safe Harbor Principles Ruled Invalid

October 16, 2015

On October 6, 2015, the Court of Justice of the European Union ruled that the EU-US Safe Harbor arrangement is invalid. The Safe Harbor Principles, which have been in effect since 2000, enabled US companies to import personal data from EU countries without…

Publication

Data Security: Are you doing all you can?

September 24, 2015

The University of California, Los Angeles, Health System on Tuesday said that a laptop containing medical record numbers, health information used for treatment plans and the names of about 1,200 patients was stolen from a faculty member in July.Could that…

Publication

Massachusetts Division of Banks Gears Up to Implement State Law Limiting Flood Insurance Requirements on Residential Properties

September 17, 2014

On Thursday, September 11, 2014 the Massachusetts Division of Banks held a public hearing regarding regulations to implement Chapter 177 of the Acts of 2014, An Act Further Regulating Flood Insurance (the "Act"). The Division will continue to accept writte…

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Firm News

51 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2019

August 15, 2018

Hinckley Allen is pleased to announce that Best Lawyers® has recognized 51 attorneys in the 2019 edition of The Best Lawyers in America®, including seven “Lawyers of the Year.” Only one lawyer in each specialty in each region is honored as a “La…

Firm News

Hinckley Allen Attorneys Recognized as 2017 Super Lawyers and Rising Stars

October 18, 2017

The Super Lawyers has selected 39 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.Super Lawyers, a Thomson…

Firm News

52 Hinckley Allen Attorneys Recognized by Best Lawyers of America

August 18, 2017

Noble F.Jomarie T.Robert J.James J.Leon C.John J.William W.Christine K.

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