
Moorari K. Shah
Partner
Biography
Moorari K. Shah combines deep in-house and law firm experience to deliver practical, business-minded legal advice. As a Partner in the Los Angeles and San Francisco offices of Buckley LLP, he represents banks, fintechs, mortgage companies, auto lenders, and other nonbank institutions in transactional, licensing, regulatory compliance, and government enforcement matters covering mergers and acquisitions, consumer and commercial lending, equipment finance and leasing, and supervisory examinations, investigations, and enforcement actions involving state and federal agencies.
He has significant experience negotiating asset- and stock purchases, bank partnership arrangements for fintech platforms, start-up company financings, loan purchase and servicing agreements, and complex on-shore and off-shore information technology and business process outsourcing transactions with an eye toward navigating contractual, operational, and regulatory hurdles to achieve real-world business outcomes. Mr. Shah also has experience in real estate, asset-based, and unsecured financings, as well as enforcing rights and remedies against corporate debtors in nonbankruptcy workout negotiations. He regularly advises companies on California-specific financing topics, including new legislation impacting consumer and commercial lenders and lessors, and matters before the California Department of Business Oversight (DBO).
Representative matters include assisting:
- Private equity companies in acquisitions and regulatory due diligence of mortgage, commercial equipment, automobile, and specialty finance company targets
- Financial institutions develop new products and services, including small business financing products, banking services, point-of-sale financing options, and home acquisition and investment alternatives
- Banks and nonbanks in Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), and state regulatory examinations and investigations involving bank vendor activities
- “Challenger banks” and other fintech platforms in bank partnership agreements
- Equipment lessors in financing transactions and state regulatory and licensing matters
- Mortgage companies in warehouse financings, affiliated business arrangement joint ventures, and loan purchase and sale agreements
- Fintech companies preparing for funding rounds and initial public offerings
- Financial institutions in acquiring core provider, information technology, and business process outsourcing services from domestic and foreign-based service providers
In 2019, the Equipment Leasing and Finance Association honored Mr. Shah with its David H. Fenig Distinguished Service in Advocacy Award.
Mr. Shah received his J.D. from Boston University School of Law (cum laude) and his B.A. from Duke University. He is a Certified Information Privacy Professional (CIPP) and a certified Six Sigma Black Belt.
In The News
Moorari K. Shah quoted in American Banker article, “As lawmakers weigh PPP reforms, bankers want them to think big”
Moorari K. Shah was quoted on August 4, 2020, in an American Banker article, “As lawmakers weigh PPP reforms, bankers want them to think big,” which discussed the push for lawmakers to make improvements to the Paycheck Protection Program, including higher fees and interest rates, or a simplified...
In The NewsMoorari K. Shah extensively quoted in Law360 article, “Fintech to play central role in small biz lending efficiency”
Moorari K. Shah was extensively quoted on April 21, 2020 in a Law360 article, “Fintech to play central role in small biz lending efficiency,” which discussed the approval of well-established fintech companies as nonbank lenders in the Paycheck Protection Program (PPP). Shah noted, “Fintechs have...
In The NewsMoorari K. Shah extensively quoted in Law360 article, “Square, PayPal And Intuit to bolster $349B biz loan program”
Moorari K. Shah was extensively quoted on April 13, 2020 in a Law360 article, “Square, PayPal And Intuit to bolster $349B biz loan program,” which discussed fintech companies’ approval as nonbank lenders through the Paycheck Protection Program. Shah noted, “The main advantage right now of having...
In The NewsBuckley promotes five to partner
WASHINGTON, DC (April 7, 2020) – Buckley LLP announced that Heidi M. Bauer, Kari K. Hall, H. Joshua Kotin, Susanna K. Sedrak, and Moorari K. Shah have been promoted from counsel to partner. "These five individuals consistently display outstanding legal skills and excellent judgment, and have earned...
Press ReleasesMoorari K. Shah honored by the Equipment Leasing and Finance Association
Moorari K. Shah received the Equipment Leasing and Finance Association 2019 David H. Fenig Distinguished Service in Advocacy Award for his significant contributions to the ELFA. Click here to read the full press release .
In The News
Publications
"The truth about the California Consumer Privacy Act: Debunking three common misconceptions" by Amanda R. Lawrence, Moorari K. Shah, Sherry-Maria Safchuk, and Doris Yuen (Equipment Leasing & Finance Magazine)
The highly-anticipated California Consumer Privacy Act (CCPA) took effect on Jan. 1, 2020, and many businesses are scrambling to understand the applicability of the CCPA’s expansive obligations. The CCPA provides California consumers with the following rights: The right to know and access the...
Articles"Commercial lenders brace for consumer-style disclosures in California and beyond" by Clinton R. Rockwell, Kathryn L. Ryan, and Moorari K. Shah (Equipment Leasing & Finance Magazine)
In September 2018, California became the first state to enact commercial financing legislation requiring consumer-style disclosures similar to those required for consumer loans under the federal Truth in Lending Act (TILA) and Regulation Z. Senate Bill 1235, the common shorthand for the new statute...
Articles"Reducing the regulatory risk of merchant cash advances and factoring" by Clinton R. Rockwell, Moorari K. Shah, and Lauren Frank (Law360)
A growing number of courts and regulators have reached different conclusions on whether factoring and merchant cash advances constitute loans subject to state lender licensing and usury regulations, leaving many factoring companies and their clients without legal certainty about the nature of the...
Articles"Equipment finance: Understanding licensing obligations" by Kathryn L. Ryan and Moorari K. Shah (Equipment Leasing & Finance Magazine)
Licensing Considerations, Generally The applicability of state licensing laws may depend on multiple factors, including transaction structures, business entity types and whether the activities are appropriately classified as “commercial” or another type of non-consumer transaction. Although the...
ArticlesJeffrey P. Naimon and Moorari K. Shah Authored a Mortgage Compliance Magazine Article, "Divide & Conquer"
The Consumer Financial Protection Bureau (CFPB or Bureau) continues to expand its gaze, announcing this past April that it has begun implementation of a program to directly supervise service providers of financial institutions, particularly those that cater to the mortgage industry. As regulatory...
ArticlesSpecial Alert: Maryland Ruling Opens New Front in Battle Over Bank Partnership Model
On June 23, the Maryland Court of Appeals affirmed a lower court judgment holding that a non-bank entity assisting consumers obtain loans from an out-of-state bank and then repurchasing those loans days later qualifies as a “credit service business” under the Maryland Credit Services Business Act (...
ArticlesMortgage Industry Struggles to Avoid Vendor Management Land Mines
October 3, 2015, marked the official effective date of the long-anticipated, and widely dreaded, TILA-RESPA Integrated Disclosure (TRID) rule. Mortgage professionals have learned from a half-decade deluge of regulation that their TRID fate, along with almost every other aspect of the industry’s...
ArticlesThe Impending Impact of Section 1071 and Creeping Consumerism on Equipment Finance
Moorari Shah and Mitchell Grod authored "The Impending Impact of Section 1071 and Creeping Consumerism on Equipment Finance," which was published in the Winter 2016 issue of the Journal of Equipment Lease Financing. Section 1071 of the Dodd-Frank Act goes beyond consumer lending to regulate...
Articles
Education
- J.D., Boston University, 1996 (cum laude)
- B.A., Duke University, 1993
Admissions
- California
- New York
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, Central District of California
Government Service
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Assistant District Attorney, Manhattan District Attorney’s Office
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Memberships & Involvements
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Mentorship Chair, South Asian Bar Association of Southern California
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CIPP/US-certified professional, International Association of Privacy Professionals
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