David Whitaker advises traditional and emerging financial services companies, and commercial enterprises, in transactional, legal and regulatory matters, particularly those related to electronic commerce and digital financial services.
He has extensive experience with the practical application of laws governing electronic banking, letters of credit, payment systems, records management and commercial and consumer financing. He provides valuable insights to his clients based on decades of in-house experience and deep practical knowledge of the structures, implementation platforms and processes used to contract for and deliver financial and other services online and via mobile devices. David also has extensive experience with various laws and regulations related to residential mortgage lending, including the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act and the Equal Credit Opportunity Act, as well as the laws related to privacy and data security.
David is a member of the American Law Institute, the American Bar Association's Business Law Section, and the Business Law Section's Committee on the Law of Commerce in Cyberspace. He has co-chaired the Cyberspace Committee's Task Force on Federated Identity Management. David was the Co-Reporter for the Standards and Procedures for electronic Records and Signatures (SPeRS). He served as Reporter for the Mortgage Bankers Association white paper "Security Interests in Transferable Records." He was an active participant in the drafting of Revised Articles 5 and 9 of the UCC. He also participated in the drafting of the Uniform Electronic Transactions Act, where he chaired the Task Force on Scope and served as reporter for the Task Force. David also advised industry participants on the creation and drafting of the federal Electronic Signatures in Global and National Commerce Act.
David has written extensively on both law and practice related to digital financial services, electronic commerce and digital transformation. In particular, he is co-author of Thomson Reuter's The Law of Electronic Signatures (now in its eighth edition). He has also appeared as a featured speaker at more than 250 conferences, seminars and webinars on financial services law.
