Mr. Payne’s practice focuses on serving financial services firms and public companies facing civil litigation and regulatory enforcement matters, as well as counseling clients on compliance with industry regulations.  He handles all aspects of complex commercial litigation, from presuit investigations and counseling to motions practice and discovery.  Additionally, he regularly represents companies facing investigations initiated by various state and federal regulatory agencies, including the SEC and FINRA.  

Mr. Payne also advises companies of all stripes concerning the emergent regulatory structure surrounding cryptocurrencies and new applications built on blockchain technology.  Such advice is critical with the number of companies launching Initial Coin Offerings and facing enforcement actions and civil litigation.  

Mr. Payne has defended mortgage originators and RMBS sponsors in litigation and government investigation spawned by the 2008 financial crisis.  The team had numerous big wins, including the dismissal of monoline bond insurer plaintiffs from a $1.8B lawsuit, favorable settlements, and protection of sensitive client information in discovery. Mr. Payne was also part of the team handling a non-MBS commercial case that resulted in a jury verdict in the client’s favor on all claims after a five-day trial.  

Mr. Payne represented a client in state and federal court litigation stemming from its role in a merger in which the bank did not incur any liability.  His other recent matters include advising a client on its SEC compliance policies, representing a client in a multi-million dollar mediation, and advising a client on potential litigation relating to a six billion dollar transaction.  

Mr. Payne organized the 2014 Richmond Crowdfunding Symposium.  The Symposium presented experts discussing the legal, regulatory, and business impacts of the SEC’s proposed Regulation Crowdfunding.

Practice Areas

• FinTech & Blockchain
• Regulatory Enforcement Defense
• Securities & Complex Commercial Litigation
• White Collar Defense, Investigations & Compliance Counseling

Awards and Recognition

• Ten Murphy & McGonigle Listed in 2016 Super Lawyers
  (10/10/2016)
  

Publications

• The Year of the Crypto Investigation
  (08/27/2018)
  
• Is 2018 “The Year of the Crypto Investigation”?
  Law 360 | (08/23/2018)
  
• Media Report Allegations of Cryptocurrency Pump and Dump Schemes
  Blockchain Law Center | (08/06/2018)
  
• Cryptocurrency Investigations Mount
  Blockchain Law Center | (05/22/2018)
  
• Howey and Handle Bar Moustaches: Thoughts on the Oral Argument in U.S. v. Zaslavskiy Regarding Whether Initial Coin Offerings are Subject to the Securities Laws
  Blockchain Law Center | (05/10/2018)
  
• "Virtual Markets Integrity Initiative" Launched in New York
  Blockchain Law Center | (04/17/2018)
  
• Legal Issues Facing Cryptocurrencies Beginning to Take Shape
  Blockchain Law Center | (04/10/2018)
  
• The SEC is Investigating ICOs and Cryptocurrencies
  Blockchain Law Center | (02/27/2018)
  
• Litigation Trends in the Blockchain Industry
  (Co-authored with Cameron S. Matheson)
  Blockchain Law Center | (02/21/2018)
  
• Ernst & Young Report Highlights Need for ICO Planning
  Blockchain Law Center | (02/21/2018)
  
• SEC Enforcement Reminds Social Media Influencers Pushing ICOs and Other Investments to Comply with Federal Securities Laws
  (Co-authored with Matthew B. Comstock)
  (11/06/2017)
  

In the News

• Murphy & McGonigle Co-Hosts the 2014 Richmond Crowdfunding Symposium
  05/13/2014 | (05/14/2014)
  

Education

• J.D., magna cum laude, University of Richmond School of Law, 2009
• B.A., Philosophy and Economics, magna cum laude, College of William & Mary, 2006

Admissions

• Virginia
• U.S. Court of Appeals, Fourth Circuit
• U.S. District Court, Eastern District of Virginia