Our Blockchain and Cryptocurrency Practice

We’ve worked with blockchain and cryptocurrency matters for over a decade, watching this space evolve from emerging technology to mainstream application. Many businesses and individuals find themselves navigating unfamiliar territory when dealing with digital assets, facing questions about regulatory compliance, proper business structures, and managing unique technology risks.

The blockchain landscape presents distinct legal challenges that often don’t fit neatly into traditional frameworks. Digital assets operate in a space where regulations are still developing and technological innovation sometimes outpaces legal clarity. This creates both opportunities and potential pitfalls for those working in this sector.

By working closely with clients to understand their specific objectives in the digital asset space, we develop practical approaches that address their particular situation. Whether you’re launching a new blockchain application, managing cryptocurrency investments, or incorporating digital assets into existing business operations, having guidance that understands both the technology and relevant legal considerations helps avoid common problems.

Our work covers several key areas essential for digital asset operations. We help clients establish appropriate organizational structures, develop workable regulatory compliance approaches, protect underlying intellectual property, create clear contractual frameworks, and address disputes when they arise. Throughout this process, we focus on solutions that align with your specific goals and technological direction.

Rather than approaching blockchain matters with generalized advice, we collaborate with you to understand your particular needs and technological application. This allows us to transform potentially complex legal challenges into manageable paths forward that support your growth and innovation in the digital asset ecosystem.

Frequently Asked Questions

What legal status do cryptocurrencies have in the United States?

Cryptocurrencies are classified differently by various federal agencies – the SEC generally views them as securities if they meet the Howey Test criteria, the CFTC treats them as commodities, and the IRS considers them property for tax purposes. This multi-classification framework means that cryptocurrencies often must comply with multiple regulatory regimes simultaneously.

What is the legal framework surrounding smart contracts?

Smart contracts are generally enforceable under existing contract law principles, provided they meet traditional contract requirements like offer, acceptance, and consideration. However, unique challenges arise around issues of mistake, modification, and remedies when dealing with immutable blockchains.

What legal considerations apply to NFT ownership?

NFT ownership typically confers specific rights defined in the smart contract and associated terms, but does not automatically transfer copyright or other intellectual property rights in the underlying work. The scope of NFT ownership rights must be explicitly defined in accompanying documentation.

How does blockchain technology interact with electronic signature laws?

Digital signatures on blockchain networks generally satisfy the requirements of the ESIGN Act and UETA as they provide unique attribution, maintain record integrity, and allow for reliable authentication. However, blockchain-based signatures introduce novel considerations around key management, smart contract automation, and the intersection of code-based execution with traditional contract principles.