What We Do

Money Transmission, KYC/AML and Other Financial Regulations

  • Broad range of services and advice on financial regulations for all types of participants in the digital economy, including digital asset exchanges, digital asset issuers and digital asset technology providers.
  • Federal registration with FinCEN and individual state licensing under state money transmission laws including the New York State BitLicense
  • Developing policies and best practices for monitoring and managing risk with business counterparties
  • Establishing relationships with third parties in order to be able to accept and process fiat payments
  • Preparation of policies incorporating best compliance practices for applicable regulations, including the Bank Secrecy Act and USA PATRIOT Act
  • Effective development and implementation of AML / Sanctions policies to comply with the regulatory requirements of the Office of Foreign Assets Control (OFAC), Financial Crimes Enforcement Network (FinCEN), and similar U.S. government agencies
  • Evaluation of existing AML / Know Your Customer/ Sanctions policies, procedures and internal controls to highlight high-risk areas

Federal and State Securities and Investment Company Law

  • Broad range of services and advice on U.S. federal and U.S. state securities laws for all types of participants in the digital economy, including digital asset exchanges, digital asset issuers and digital asset technology providers
  • Advice relating to all facets of token generation event structuring and regulatory compliance
  • SEC representation in connection with “no action” relief for sales of platform tokens not regulated as securities
  • Sales of tokenized securities and other interests to accredited and other sophisticated investors structured as exempt offerings, including under Reg D
  • Sales of tokenized securities and other interests to retail investors structured as exempt offerings under Reg A or Reg CF
  • Advice related to state securities law compliance in connection with tokenized securities and tokens not intended to be securities
  • Preparation of token-listing policy and standards for digital asset exchanges
  • Risk mitigation strategies for previously completed ICOs and token sales
  • Preparation of insider trading and other compliance policies
  • Advice under the Investment Advisers Act relating to custody of digital assets and investment due diligence
  • Particular expertise in the area of asset-backed securities and real estate securities

Broker Dealer Licensing / Alternative Trading Systems

  • Consultation with SEC and FINRA through in-person meetings and other communications
  • Preparation of Form ATS for submission to the SEC and FINRA
  • Preparation of FINRA New Member Application (Form NMA)
  • Assistance obtaining all required state and federal licenses for the firm and its associated persons (if necessary, provide outsourced personnel)
  • Assistance with the preparation of a detailed business plan and other required operational and financial disclosures and policies

Corporate/Commercial Law and Transactions

  • Deal contract drafting, due diligence, negotiation and execution by attorneys who deeply understand digital asset technology and know how to reflect its unique benefits and risks in bespoke—not boilerplate—deals
  • Mergers & Acquisitions, Joint Ventures, Investments, Commercial Partnerships, Terms of Service
  • Advice relating to formation, governance structuring and financing of emerging companies

Commodities Law

  • Analysis of applicable CFTC regulations as they apply to a business or platform
  • Preparation CFTC-compliant policies and business structuring

Public Policy

  • Our lawyers frequently consult with government officials and employees at the federal and state level, serving as educational resources for government and helping frame the development of blockchain regulation
  • We are active members of numerous trade and advocacy groups, providing advice and counsel to a wide range of market participants