Digital Assets and Disruptive Technologies

Our Digital Assets and Disruptive Technologies practice leverages our firm’s collective experience across key disciplines to offer clients a 360-degree view of the legal issues that affect disruptive technology product and service offerings, including blockchain and distributed ledger technology (DLT) products and services. We advise on a range of matters at all stages of the business lifecycle, from structuring and implementation, to business and transactional advice, and to litigation support in the following areas:

  • Regulatory and Structuring Guidance
    • Token Models. We advise on structure token models and projects with token applications and implementations, including non-fungible tokens (NFTs), decentralized finance (DeFi) token models, and stablecoins, proactively issue spotting potential regulatory pitfalls to help our clients build their businesses in line with applicable laws, regulations, and guidance. We counsel on state virtual currency regulations, securities law compliance, money transmission and Bank Secrecy Act compliance, FATF travel rule guidance, entity level structuring in line with state corporate law best practices, business and commercial advice, data privacy and cybersecurity law compliance, as well as litigation strategy.
    • Mining and Staking Business Models. We help structure mining and staking ventures in compliance with state virtual currency regulations and help confront securities law issues that may arise from cloud mining operations and mining pools risks attendant with mining or staking assets that may constitute securities, as well as fund formation and investment company act compliance, tax structuring, entity level structuring in line with state corporate law best practices, business and commercial advice, data privacy and cybersecurity law compliance, as well as litigation strategy.
  • Technology Transactions. Advising DLT infrastructure products, applications utilizing smart contracts, and decentralized applications (Dapps) in all areas of law associated to software development, licensing, technology transactions, and intellectual property matters.
  • Capital Markets, Venture Capital, and Private Investments. We provide company-side advice on capital raising activities as well as fund/investor-side advice on negotiating and structuring investments involving cryptocurrencies such as bitcoin, ether, or in other types of tokens as well as for traditional debt and equity investments in targets in the disruptive technology space.
  • Government Investigations and Response. We can also help engage with or respond to inquiries from regulatory authorities and government agencies, including inquiries from state and federal securities regulators, consumer protection agencies, FinCEN, DOJ and state attorneys general, and state and federal tax inquiries.

In addition, our Digital Assets and Disruptive Technologies team is supported by the broader firm, providing proactive and actionable advice on legal and regulatory issues that commonly arise in the space, including but not limited to:

  • Theft, loss, and hacking complaints
  • Consumer complaints against service providers in the space
  • Estate planning and asset protection advice requests
  • Issues around financings with crypto collateral, including structuring and perfecting security interests
  • Main street businesses investigating whether to accept crypto as a form of payment
  • Legal and logistical issues around escrowing crypto with a third-party provider or using a multi-signature wallet

Key Contact

Team

SEC Spins off FinHub Unit into Stand-Alone Office

HSE Securities and Capital Markets Newsletter - Fall 2020

Crypto Innovations in Decentralized Finance: A Yield Farming Overview

HSE Securities and Capital Markets Newsletter - Summer 2020

Token Takedowns Part II - The Collapse of Ton

HSE Securities and Capital Markets Newsletter - Spring 2020

Token Takedowns

FINTECH Sandbox: Paxos Receives No-Action Letter to Test Blockchain-Based Settlement Service

View All Resources

Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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