Blockchain and Digital Assets

From shifting SEC and CFTC priorities to emerging state-level frameworks, crypto regulation is complex, fragmented, and unforgiving. Our team delivers clear, actionable guidance that’s grounded in real-time policy insight and built for scrutiny.

• SEC/CFTC Compliance: We advise clients on whether a digital token, product, or platform falls under the jurisdiction of the SEC, the CFTC, or both—and the practical implications of that determination. This includes assessing threshold classification issues, navigating applicable registration and licensing requirements, and advising on ongoing compliance obligations with each agency.
• Investment Advisers and Funds: We help crypto hedge funds, venture funds, and asset managers get set up, registered, and running the right way. That means walking clients through the regulatory requirements that apply to anyone managing other people’s money in digital assets — from registration with the SEC, to how the fund holds and safeguards crypto, to what you can and can't say when marketing to investors. 
• State Digital Assets Licensing: Beyond federal money transmission, we advise on the full patchwork of state licensing regimes, including the New York BitLicense, state trust company charters for custody providers, state lending licenses for crypto-backed and cryptocurrency-secured lending products, and emerging state frameworks under the California DFPI and comparable regulators. 
• BSA and Money Transmission Compliance: We advise on the Bank Secrecy Act and its applicable regulatory requirements, and the requirements imposed by money transmission laws.
• Consumer Protection and State Enforcement: We defend and advise clients on consumer protection matters brought by the FTC, CFPB, and state attorneys general, including disclosure, marketing, and unfair-or-deceptive-practices claims targeting crypto platforms, exchanges, and token issuers. 
• Sanctions and OFAC Compliance: We advise crypto exchanges, custodians, and financial institutions on OFAC sanctions compliance, including wallet address screening, geofencing of sanctioned jurisdictions, blocked-property reporting, and response to designation actions. 
• Banking and Bank Partnerships: We counsel banks, trust companies, and their fintech and crypto partners on the full range of banking regulatory issues affecting digital assets, including bank custody of crypto assets, deposit tokens and tokenized deposits, bank-fintech partnership structures, and supervision by the OCC, FDIC, Federal Reserve, and state banking regulators.
• Digital Custody and Stablecoins: We help structure compliant custody solutions and advise on stablecoin and asset-backed token frameworks, including reserve requirements and disclosure obligations.
• Privacy and Data Governance: We ensure platforms and exchanges handle user data in line with U.S. and international privacy laws.
• Regulatory Engagement: We monitor legislative developments and engage with regulators to clarify rules and advocate for workable frameworks.
• Tax: We advise on the federal, state, and cross-border tax treatment of digital asset transactions, including token issuances and airdrops, staking and mining income, NFT sales, fund-level tax structuring, and the new digital asset broker information-reporting regime under Form 1099-DA. 

Digital asset litigation requires deep subject matter fluency. Our group includes seasoned trial lawyers and former regulators, including a former SEC enforcement attorney. We’re familiar with the complexities of crypto enforcement, securities law, and emerging technologies, and respond quickly to threats with technologically sound defense strategies.  

• SEC and CFTC Investigations: We defend clients in regulatory actions, subpoenas, and enforcement proceedings.
• Commercial Disputes: Our lawyers represent clients in token-related contract disputes, IP litigation, and partnership breakdowns.
• Crisis Response: If a platform outage, data breach, or token misclassification triggers legal exposure, we help clients lead a coordinated response, investigating, advising, and defending.
• Proactive Risk Mitigation: We help build internal protocols, train teams, and prepare for regulatory scrutiny before issues arise.

From DeFi protocols and tokenized platforms to NFT ecosystems and crypto rewards programs, digital asset ventures are built on intellectual property, data, and code. We help our clients secure what they create. Our team combines deep IP capabilities with a sharp understanding of blockchain architecture and token mechanics, ensuring your innovations are protected, your rights are enforceable, and your growth is built on a solid legal foundation.

• Patents and Trade Secrets: We secure IP rights for blockchain protocols, smart contracts, and crypto-related algorithms.
• Data Rights and Licensing: We structure data-sharing agreements and license deals that monetize innovation while preserving control.
• Brand Protection: We register trademarks for crypto platforms, wallets, and services—and enforce them when needed.

Our transactional lawyers bring practical experience advising on venture financings, token offerings, joint ventures, and M&A involving digital assets. We work closely with our regulatory and IP colleagues to structure transactions that are compliant yet aligned with your business goals.

• Entity Formation and Governance: We help structure crypto-native businesses, DAOs, and token foundations with clear governance and compliance.
• Fund Formation and VC Deals: We advise clients launching crypto hedge funds, venture funds, and investment vehicles.
• Token Offerings and Financings: Our experience includes SAFT agreements, Reg D offerings, and exchange listings.
• M&A and Strategic Partnerships: Whether acquiring a blockchain startup or entering a joint venture, we structure deals that protect your interests and unlock growth.