Margo H. K. Tank

Partner

Global Co-Chair, Financial Services Sector
US Co-Chair, Blockchain and Digital Assets
Co-Chair, Financial Regulation and Technology

[T]remendously talented and passionate, she is universally recognized in the industry as one of the go-to experts in the field.

— The Legal 500

Emailmargo.tank@dlapiper.com

Call+1 202 799 4170

Washington, DC

About

Margo Tank is the Global Co-Chair of DLA Piper’s Financial Services Sector, Co-Chair of the Financial Regulatory & Technology and the Blockchain & Digital Assets groups. With over 25 years of experience, she advises financial institutions, commercial enterprises, Fintechs, and technology companies/platforms on the full spectrum of regulatory, compliance and enforcement matters related to the use of technology solutions such as electronic signatures and records, smart contracts, blockchain, embedded finance, opening banking and other means to conduct financial services and other business online in compliance state and federal US laws such as the US Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA), and on a global basis. She also advises on the various laws enabling digital assets, such as carbon credits, electronic chattel paper, and controllable electronic records, under the Uniform Commercial Code (UCC) Articles 8, 9 and 12.
Margo also advises on laws enabling money transmission and remittances, including virtual currencies and stablecoins, and other emerging payments mechanisms. She also advises on matters related to privacy and data security, including under the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), and on other consumer protection laws, such as the Electronic Funds Transfer Act (EFTA) and federal and state unfair and deceptive acts and practices (UDAP/UDAAP) laws.

Margo began her legal career as counsel to the US House of Representatives, Committee on Banking and Financial Services. An early advocate for the financial services industry's acceptance and implementation of electronic signatures, she served as counsel to the Electronic Financial Services Council and assisted the group draft and lobby for the federal ESIGN Act, and is currently counsel to the Electronic Signature and Records Association, where she works to further electronic financial services policy before Congress and federal regulators. She also is counsel and co-reporter for Standards and Procedures for Electronic Records and Signatures (SPeRS). She is a member of the American Bar Association's Business Law Section and the Committee on the Law of Commerce in Cyberspace, is on the xDTM Standard Board of Governors and is a legal member participant in the Digital Chamber of Commerce, and the Global Digital Finance group.

Margo is ranked in Chambers Fintech Legal 2019, 2020, 2021, 2022, 2023 and 2024 and was named to the National Law Journal's list of Technology Trailblazers. She continues to be ranked in Legal 500 Fintech and she is a Member of the 2024 editorial board (Fintech) for Law360. She has written books, articles and surveys on electronic signatures, smart contracts, virtual currency, privacy, financial services websites and mobile apps and more. She co-authored eight editions of Thomson Reuter's The Law of Electronic Signatures and Records (2012-2021), and three editions of Standards and Procedures for Electronic Signatures and Records (SPeRS), a compilation of guidelines, procedures, checklists and strategies for developing systems to create, deliver, sign, manage and transfer legally enforceable electronic records and signatures in commercial and consumer transactions.

Other notable publications include: Chambers Fintech 2024 Global Practice Guide – USA Contributor; Enabled by Lenders, Embraced by Borrowers, Enforced by the Courts: What You Need to Know About eNotes, MERSCORP Holdings, Inc. (2018); Smart Contracts – 12 Use Cases for Business & Beyond – A Technology, Legal & Regulatory Introduction, Digital Chamber of Commerce in collaboration with Deliotte (2016); Electronic Retail Installment Sales Contract in California, The Review of Banking & Financial Services, Volume 33 No 12 (2017).

Areas of FocusFinancial Services Healthcare Technology Intellectual Property Technology and Commercial Transactions Blockchain and Digital Assets Financial Services Regulatory

Bar admissionsDistrict of ColumbiaMaryland

EXPERIENCE

Education

J.D., Drake University 1992
with honors
Order of the Coif

B.A., University of Vermont 1985

Awards

Bylines

"Terms of Service Are Instrumental in Determining Rights to Digital Assets – The Holding in Celsius Network LLC," The Computer & Internet Lawyer, May 2023
"The issues pertaining to crypto regulation go beyond the SEC," Börsen-Zeitung, 11 Nov 2021
"The Gathering Storm," Commercial Dispute Resolution, 29 Sep 2020
"Blockchain regulation: Speedbumps, roadblocks and superhighways," Cointelegraph, 3 Sep 2020
"Remote Online Notarization is Here to Stay," American Bar Association, 23 July 2019
"Banking Law Committee Journal - Summer 2019," American Bar Association
"Lawyers learn new tricks," The Big Issue, February 2019
eSignature and ePayment News and Trends, 30 Nov 2018
eSignature and ePayment News and Trends, 26 Oct 2018
Obtaining remote payment authorizations from customers: are you in compliance?, 26 Oct 2018
eSignature and ePayment News and Trends, 14 Sep 2018
Remote notarization: authentication requirements, by US state, 14 Sep 2018
Electronic Signatures: The element of intent in the digital environment, 23 Jul 2018
eSignature and ePayment News and Trends, 23 Jul 2018
Is your website ADA compliant? A brief look at the current legal status, 29 Jun 2018
eSignature and ePayment News and Trends, 29 Jun 2018
Audit logs: key to enforceable electronic signatures, 28 Jun 2018
eSignature and ePayment News and Trends, 24 May 2018
May a power of attorney be electronically executed?, 24 May 2018
eSignature and ePayment News and Trends, 2 May 2018
A short primer on applicable US eSignature laws, 2 May 2018
In long-awaited TCPA case, DC appellate panel vacates material sections of FCC's 2015 TCPA order, 2 May 2018
"'Reasonable security': A moving target," Cyber Security: A Peer-Reviewed Journal Vol. 2, No 1 December 21, 2017
"Smart Contracts: Is the Law Ready?" Chamber of Digital Commerce, September 2018
"eSignature and ePayment News and Trends," May 2, 2018
The Law of Electronic Signatures, 2018 Edition, Thomson Reuters
"Electronic Retail Installment Sales Contract in California," The Review of Banking & Financial Services, Vol. 33 No 12 December 2017
"Enabled by Lenders, Embraced by Borrowers, Enforced by the Courts: What You Need to Know About eNotes," MERSCORP Holdings, Inc., September 8, 2017
"The Secret Sauce for Electronic Records: System Audit Logs," April 2017
"ADA Compliance for Financial Institutions in the Crosshairs," Law360, March 2017
"Smart Contracts – 12 Use Cases for Business & Beyond – A Technology, Legal & Regulatory Introduction," Digital Chamber of Commerce in collaboration with Deliotte, December 2016
"Digital Documents: Financing Paperless Transactions," The Equipment Leasing & Finance Foundation Study, March 2015
"Special Considerations For Perfection Opinions Covering Electronic Chattel Paper As Collateral," Journal of Equipment Lease Financing, Spring 2015
"Consumer Financial Services Answer Book 2016," Practicing Law Institute, October 1, 2014
"Look Before You Invest: Bitcoins, Virtual Currencies, Emerging Payment Products, and Regulatory Compliance," JD Supra Law News, November 2013
"A Brief Guide to Using Electronic Signatures in Securities Transactions," Practical Compliance and Risk Management for the Securities Industry, July 2013
"What emerging Payment Providers Can Learn from Liberty Reserve and Mt. Gox," Payments Journal, July 2013
"Planning for Accessibility when Developing Financial Services Websites and Mobile Apps," American Bar Association Consumer Financial Services, June 20, 2013
"NACHA's Guidelines for Bill Payments Via QR Codes," E-Finance & Payments Law & Policy, April 2013
"Federal Regulators Issue Guidance on Social Media and Mobile Privacy," Law Journal Newsletters, April 2013
"Is Regulatory Uncertainty an Impediment to Mobile Payments?," Payments Journal, January 23, 2013
"E-Signatures: Zulkiewski v. American General Life Insurance Company," E-Commerce Law Reported, Dec 2012
"Paperless Transactions: The Competitive Edge", The Equipment Leasing & Finance Foundation Study, 2007
"Requirements Pertaining to the Electronic Delivery of Required Documents," The Investment Lawyer, Vol. 14 No 5 May 2007
"eMortgage Implementation Considerations," Electronic Banking Law and Commerce Report, Vol. 11, No 6, July 2006
"It's the Message, Not the Medium! Electronic Record and Signature Rules Preserve Existing Focus of the Law on Content, Not Medium of Recorded Land Title Instruments," The Business Lawyer, Vol. 60, No 4 August 2005
"SPeRS - Standards and Procedures for electronic Records and Signatures," Electronic Financial Services Council, 2003

Seminars

Speaker, "MBA/ALTA Digital Closing and eMortgage Boot Camp," August 2020
Speaker, "Can I Close My Loan Over Zoom?," Women in Housing & Finance Webinar, May 27, 2020
Speaker, "eNotes and the Role of the MERS eRegistry: Guidance from Attorneys for Attorneys Webinar," MERS and the Federal Home Loan Bank of Boston, March 25, 2020
Speaker, "MBA webinar - Remote Online Notarization State-of-Play," February 27, 2020
Speaker, "eNotes, eClosings, and eVaults," Structured Finance Conference, February 25, 2020
Speaker, "FinTech 2020 and beyond: eContracts and Asset Backed Securities Webinar", DLA Piper, February 12, 2020
Speaker, E-Signatures and Electronic Loan Documentation in Real Estate Finance, Stafford Publications Webinar, February 20, 2018
Speaker, Chamber of Digital Commerce and Coindesk, Smart Contract Legislation Webinar, Feb 27, 2018
Speaker, "e" Signatures & Tamper Evident Seals MISMO Webinar, March 15, 2018
Speaker, "Legal and Regulatory Update," Electronic Signatures and Records Association Spring Member's Meeting, May 9, 2018
Speaker, "eSignatures, Blockchain and Smart Contracts, Oh My! The New Landscape for Digital Transactions," Clear Law Institute Webinar, May 31, 2018
Speaker, "Building a Foundation of Knowledge: Communicating the Viability of eNotes to Your Legal Team," MERS User Conference, June 20, 2018
Speaker, "eNote Considerations, Legal Enforceability and Industry Adoption," February 28, 2018
Speaker, "Getting Started With ESIGN," ESRA eSignRecords 2017 Annual Conference, November 15, 2017
Speaker, "eSignatures and ADA," ESRA eSignRecords 2017 Annual Conference, November 15, 2017
Speaker, "What's New in ESIGN," ESRA eSignRecords 2017 Annual Conference, November 14, 2017
Speaker, "Mitigating Risk: Recent Developments in ADA Accessibility Compliance," National Association of Federal Credit Unions Live Webcast, November 9, 2017
Speaker, "Going Paperless: The How – and Why – of Offering Digital Mortgages," Inside Mortgage Finance Webinar, September 14, 2017
Speaker, "Preparing for Digital 2," MERSCORP User Conference, June 9, 2017
Speaker, "Responding to Legal and Regulatory Challenges in an Evolving Payments Environment," TRANSACT, May 10, 2017
Speaker, "Digital Mortgages," Mortgage Bankers Association's Legal Issues and Regulatory Compliance Conference, May 9, 2017
Speaker, "Tech Talk: Fintech, Regtech, Blockchain and Bots," Mortgage Bankers Association's Legal Issues and Regulatory Compliance Conference, May 9, 2017
Speaker, "E-Mortgages: Electronic Signatures & Tamper Evident Seals," MBA Webcast, April 19, 2017
Speaker "Ready, Set, Go! Prepare for the Evolution to 'e'," National Technology in Mortgage Banking Conference & Expo, March 28, 2017
Speaker, "2017 ESRA Winter Meeting: ESIGN and Blockchain - Legal and Regulatory Update," March 2, 2017
Speaker, "PRIA Winter Symposium: Blockchain Q&A," February 23, 2017
Speaker, "Independent Mortgage Bankers Conference: Overcoming the Final Hurdles to Digital Mortgage," January 24, 2017
Speaker, "Clear Law Institute: Contract Law and E-Signatures," January 13, 2017
Speaker, "eSignlive Webcast: Legal and Regulatory Update on Electronic Mortgage Closings," November 8, 2016
Speaker, "ESRA's eSign Records 2016: The Latest in Regulations & Law," November 2, 2016
Speaker, "Mortgage Bankers Association 2016 Annual Convention & Expo: Overcoming the Final Hurdles to Digital Mortgage," October 24, 2016
Speaker, "National Title Solutions Forum: eSignatures, eNotaries, eOdometer Panel," October 13, 2016
Moderator, "ABA's Housing Finance Subcommittee Panel: Fintech and Housing Finance: The State of the eMortgage," September 9, 2016
Speaker, "ESRA Summer Meeting," August 3, 2016
Speaker, "AssureSign Webinar: eSignature: The Cornerstone of Digital Transformation," June 30, 2016
Speaker, "DocuSign Momentum '16 General Counsel Summit: Mobile Devices: Do's and Don'ts," April 5, 2016
Panelist, "Regulation of Virtual Currency Businesses Act Drafting Committee," April 2, 2016
Speaker, "2016 ESRA Winter Meeting," February 24, 2016
Speaker, "2016 Financial Partners, Inc. Legal Consortium: Electronic Signatures," January 19, 2016
Speaker, "American Bar Association Consumer Financial Services Winter Meeting 2016: eMortgages - Opportunities and Challenges," January 12, 2016
Speaker, "eSignRecords 2015," November 17, 2015
Speaker, "National Association of Federal Credit Unions Webinar: E-Sign - Electronic Records and Signatures for Risk Management," October 7, 2015
Speaker, "InsideCounsel Webinar: E-Signature Legal FAQs," September 22, 2015
Speaker, "Electronic Signatures and Records Association Summer Members Meeting," August 11, 2015
Guest, "Block Chain Summit," May 25, 2015
Speaker, "Association of Insurance Compliance Professionals Great Lakes Regional Chapter Education Day: ESIGN 101 (For the Uninitiated and the 'Old Hands')," May 15, 2015
Speaker, "Electronic Signature & Records Winter 2015 Member Meeting," February 25, 2015
Speaker, "Equifax Webinar: Leveraging eSignatures for Better Compliance in Mortgage Lending," January 27, 2015

Media Mentions

Margo Tank and David Whitaker's recent article on the law governing digital mortgage notes is cited in the Treasury Department's new report, A Financial System That Creates Economic Opportunities • Nonbank Financials, Fintech, and Innovation, July 2018.

Quoted, "Uniformity will be critical to RON adoption," MBA Annual Conference, October 21, 2020
Quoted, "‘Wet’ Ink Signatures Requirements May Fade After Coronavirus (1)," Bloomberg Law, April 10, 2020
Quoted, "COVID-19 May Boost E-Signature Adoption in Reluctant Mortgage Ecosystem," Law.com, April 2, 2020
Quoted, "Digital Divide: US Government's Mandated E-Signature Adoption Hitting Roadblocks," Law.com, August 1, 2019
Quoted, "FinCEN Flexes Muscle With 1st P2P Crypto Exchanger Case," Law360, April 19, 2019
Quoted, "The Digital Mortgage Ecosystem: Lenders, Investors and Custodians Ready for the eNote Transition," eOriginal Blog Post, October 27, 2016
Quoted, "Go from Zero to eClosing Superhero in 5 Steps," Mortgage Lending Compliance Alert, August 22, 2016
Quoted, "Compliance: Increase Efficiencies, Make Borrowers Happy with eClosings," Mortgage Lending Compliance Alert, July 15, 2016
"Global xDTM Standard Empowers European Organizations to Make the Digital Transformation with Trust and Confidence," xDTM Standard Association Board of Governors, June 28, 2016
Quoted, "Court Wins Set Important Precedent for Paperless Mortgages," National Mortgage News, May 20, 2016
Quoted, "Distrust of Vendors Raises Questions on Data Security, Regulatory Compliance," Legaltech News, April 5, 2016
Quoted, "Why the CFPB is About to Ramp Up Cyber Enforcement," Bloomberg BNA, March 3, 2016
Quoted, "Dwolla Fined As Tough Regulator Takes First Data Security Action," PaymentsCompliance, March 3, 2016
Quoted, "CFPB Turns Focus From Consumer Harm in Data Security Debut," Law360, March 3, 2016
Quoted, "Dwolla Action Opens New Territory for CFPB: Attorneys," Credit Union Times, March 3, 2016
Quoted, "The Great Balancing Act: Payments Regulation Today," PaymentsCompliance, February 4, 2016
Quoted, "Paperless Automation Key to Lender Compliance and Competition," National Mortgage News, December 28, 2015
Quoted, "A Tale of Two Investments: Blockchain Enjoys the Best of Times," Mobile Payment Magazine, November 12, 2015
Quoted, "Company Needs Dictate Which E-Signature Solution to Use," Bloomberg BNA, October 8, 2015
Quoted, "300+ Organizations Endorse xDTM Digital Transaction Management Standard," March 10, 2015
Quoted, "Outlook 2015: Finance Tech: Cybersecurity, Payment Processing, Virtual Currency, Patents," Bloomberg BNA, January 27, 2015
Quoted, "If You Opt to Use E-Signatures, Mind These Compliance Pointers," IA Watch, January 8, 2015