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Ms. Wilsker has extensive experience representing state- and federally-chartered banks, thrifts, and credit unions, as well as mortgage companies, mortgage brokers and other non-bank institutions. Her practice encompasses matters relating to the design, implementation and maintenance of retail banking products, general regulatory compliance, licensing, dealings with supervisory agencies, vendor agreements, imaging and other remote capture programs, the establishment of correspondent and other third-party lending relationships, and the purchase and sale of loan portfolios, participations, and servicing rights.
Ms. Wilsker also represents domestic and foreign corporate clients in complex business arrangements, typically involving the development, licensing, marketing, and distribution of technology products. Her clients include both publicly traded and emerging growth companies, for whom she negotiates joint ventures, research and development agreements, OEM agreements, consulting agreements, distribution and sales representative agreements, end user licenses, and other arrangements. Ms. Wilsker also has extensive experience evaluating copyright and trademark matters, establishing business strategies, and designing shrink-wrap licenses and other standard form contracts.
Representative Matters
Financial Services
• Negotiated joint venture agreements for development of affinity marketing programs for credit cards, insurance, rewards programs, and other identifiable groups.
• Represented national stored value card issuer in issues relating to state regulation of gift cards.
• Created a national consumer finance program for a manufacturer of recreational vehicles and other consumer products, including developing documents for use in 50 states and managing the licensing process.
• Designed streamlined cash management documentation, later adopted widely throughout the industry.
• Represented state-chartered bank in FDIC investigation of alleged age discrimination in underwriting practices.
• Developed online banking documentation and procedures for various financial institutions.
• Negotiated various agreements for bill payment, foreign exchange, and other funds transfer services by and among banks, their correspondents, and their customers.
Complex Business Arrangements
• Negotiated electronic distribution and digital publishing agreements, including digital rights management strategy, on behalf of audio book publisher.
• Negotiated agreements on behalf of European developer of satellite radio service for design and manufacture of radio units; microchip development; conditional access system; vehicle installation; and other matters.
• Negotiated design, development, and supply agreements with Dell Computers, Cisco Systems, IBM, Motorola, and others on behalf of hardware manufacturer.
• Negotiated limited and enterprise licenses with Ford Motor Company, Federal Express, RPS, and others on behalf of software developer.
• Designed shrink-wrap and click-through licenses for software provider.
• Designed standard form licensing, OEM, and distribution agreements for software developers in telecommunications, airline, manufacturing, and other industries.
Publications
• "Massachusetts Data Security Regulations to be Enforced in 2010," Bloomberg Law Reports: Privacy & Information, December 9, 2009
• "In-House Counsel Setting The Tone: Preparing a Strong Standard Contract" New England In-House, October 1, 2003
• "Guidelines for Complying with Fair Lending Rules," Banker and Tradesman
• "Points Regulation is Pointless for Borrowers, Lenders, and Regulators," Banker and Tradesman
• "The Community Reinvestment Act of 1977: The Saga Continues…," The Business Lawyer
• "Erroneous ARM Adjustments: A New Source for Potential Lender Liability," Consumer Finance Law Quarterly Report
• The Law of Truth in Lending (contributing editor), published by the American Bar Association
Awards & Honors
• Honored by Women's Business Boston as a "Top Ten Lawyer" for her strong dedication to client service, commitment to community and overall professional excellence, April 2008.
• Selected as a “Woman of Justice” by Massachusetts Lawyer’s Weekly, in partnership with the Women’s Bar Association and Massachusetts Association of Women Lawyers, for her meaningful and inspiring contributions to the fields of social justice and advocacy.
• Recognized in the 2010 and 2011 editions of Woodward/White’s The Best Lawyers in America in the area of Banking Law.
Community Involvement
• Massachusetts Bankers Association, Legal and Regulatory Compliance Committee
• Director, Brown Rudnick Charitable Foundation
• Director, Educators for Social Responsibility
• Trustee, Facing History and Ourselves National Foundation, Inc.
Bar Admissions & Memberships
• Admitted, Massachusetts Bar
• Member, American Bar Association, Business Law Section and Consumer Financial Services and Intellectual Property Subcommittees
• Member, Boston Bar Association and Co-Chair (2005-2009), Banking & Financial Services Committee
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