Tyler Kirk is a regulatory and securities attorney in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati. With a broad and robust financial practice, he focuses on three key sectors of the financial industry: securities law, fintech, and payment systems. As a securities attorney, Tyler has represented private companies, banks, commodity and securities exchanges, mutual funds, exchange traded funds, insurance companies, private funds, and investment advisers. Clients in each of these categories face a daunting regulatory framework, ranging from frequent regulatory disclosures to ongoing anti-money laundering compliance. Tyler draws on his previous experience as Senior Counsel at the U.S. Securities and Exchange Commission (SEC) to guide his clients through their corporate governance obligations and to represent them before federal and state agencies. From fund formation to registered and exempt offerings to fund mergers and acquisitions, he provides thoughtful counsel to help his clients achieve their business objectives.
Technology continues to transform the way financial institutions conduct business. As one of the founding members of the SEC's internal working group on virtual currencies and blockchain technology, Tyler is one of a few practicing attorneys who has shaped regulatory policy on fintech issues from inside the federal government. He is a frequent contributor to various trade publications, such as The Investment Lawyer, and has been interviewed by Better Investing Magazine regarding the impact of blockchain on the mutual fund industry. Tyler has taken a leading role in structuring numerous capital raises through simple agreements for future tokens (SAFTs) and initial coin offerings (ICOs) for private funds and start-up companies seeking to deploy blockchain technology. He has also worked with crowdfunding platforms under the Jumpstart Our Business Startups Act, or JOBS Act. In addition, Tyler leverages his contacts on Capitol Hill and throughout the nation's capital to stay in front of changing policies and keep his clients positioned to take advantage of congressional and regulatory initiatives.
As a payments attorney, Tyler represents merchants, payment facilitators, money transmitters, and money services businesses, as well as credit card, prepaid card, and gift card providers. Frequently, these clients face both state and federal regulatory regimes. He listens to his clients, analyzes their business models, and crafts comprehensive strategies so his clients can confidently conduct business in full compliance with both state and federal regulators. In the payments space, Tyler works with clients ranging from sophisticated well-known seasoned issuers to sharp energetic start-ups. Further, as a securities attorney, he has worked on venture capital and private equity matters and understands how to advocate on behalf of his start-up clients who are seeking capital from such investors. The overlap between Tyler's securities, fintech, and payments practices sets him apart in the industry and uniquely positions him to represent clients throughout their operational life cycle and develop a deep understanding of their legal needs.
- J.D., University of Miami School of Law, 2012
Magna Cum Laude
- M.Econ., North Carolina State University, Poole College of Management, 2007
- B.A., Economics, Georgia State University, 2004
Cum Laude, Concentration in International Economics
- "A Federal Fiduciary Standard Under the Investment Advisers Act Of 1940: A Refinement for the Protection of Private Funds," 7 Harvard Business Law Review Online 19-31, 2016
- Co-author, "Blockchain 101 for Asset Managers," The Investment Lawyer, Vol. 23, Issue 7, October 2016
- "Deranged Disgorgement," The Journal of Business, Entrepreneurship & the Law, Vol. 8, Issue 1, 2015
- "Superior Supererogation: Why Credit Default Swaps Are Securities Under the Investment Advisers Act of 1940," William & Mary Business Law Review, Vol. 6, Issue 1, 2015
- State Bar of Florida
- Bar of the District of Columbia
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Supreme Court