Cryptocurrency & Blockchain Lawyers, Attorneys & Solicitors | Crypto Regulation & Law | Withersworldwide | Withersworldwide (2024)

Our multi-disciplinary blockchain, cryptocurrency and DeFi lawyers advise issuers, innovators, investors, promoters, asset managers, family offices, and exchanges on securities, corporate, tax, regulation, compliance, dispute resolution, data privacy, cyber security, family law, estate planning and charitable giving matters. With a global team of more than 100 cryptocurrency and digital assets lawyers across the US, Europe, and Asia Pacific, our clients range from major cryptocurrency exchanges, companies launching initial coin offerings (‘ICOs’) or initial exchange offerings (‘IEOs’) companies innovating in new areas on the blockchain, to veteran investors building robust asset and succession structures for their accumulated wealth, and new investors in cryptocurrencies and tokens.

Deep Market insight

We speak the language of DeFi, both legally and technically. We grasp and have even helped develop the technology underlying innovations in blockchain and digital assets. We deal with cryptocurrencies, tokens, consensus-based algorithms, and smart contracts on a regular basis for our clients. Our global team also understands and can address the legal and compliance requirements of next-generation supply chain ecosystems that utilize AI, internet of things (“IoT”), sensors and smart contracts. Together these interoperable ecosystems are the foundation of the next generation global economy.

Crypto and fintech disputes and regulatory advice

Our crypto and digital assets team provides bespoke regulatory, litigation and arbitration services for clients in DeFi, crypto and fintech. We know and navigate the existing and rapidly evolving regulatory framework facing individuals and entities operating in this fast-pacedspace. We represent individuals and entities in civil litigation and arbitration across the globe. We regularly appear before courts, regulators, prosecutors, and agencies around the world, such as the U.S. Securities & Exchange Commission (‘SEC’), Commodity Futures Trading Commission (‘CFTC’), Internal Revenue Service (‘IRS’), and Department of Justice ('DOJ'), the Monetary Authority of Singapore, the UK Financial Conduct Authority (‘FCA’), and many more.

Compliance services

We advise clients regarding compliance with securities, commodities, tax, anti-money laundering, banking and privacy laws and regulations, including, among others:

• US FinCEN Money Services Business registrations and AML/KYC compliance
• US SEC exempt securities offerings (Regulation A, D, CF exemptions)
• US SEC Howey test interpretation
• US state “Blue sky” and Gaming laws and regulations
• California Consumer Privacy Act (CCPA)
• EU General Data Protection Regulation (GDPR)
• EU Anti-Money Laundering Regulations (e.g. 5AMLD)
• EU – Markets in Crypto Assets report/legislation
• OECD Crypto Asset Reporting Framework report/proposed legislation
• UK Financial Services and Markets Act 2000
• UK The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (UK)
• UK Money Laundering Regulations 2017
• UK E-money Regulations 2011
• UK Markets in Financial Instruments Directive II
• UK Payment Services Regulations 2017
• Singapore Payment Services Act (PSA)
• Singapore and Hong Kong Anti-Money Laundering (AML) and Counterterrorist-Financing (CTF) rules/ ordinance
• Singapore Securities and Futures Act (including the Capital Markets Services license and MAS Sandbox)
• Hong Kong SFC’s Regulatory Framework for Virtual Asset Portfolios Managers, Fund Distributors and Trading Platform Operators

How we can help you

Issuers

• Reviewing cryptocurrencies and tokens from a global securities law perspective
• Designing tokens, issuance and software development structures
• Tax advice
• Structuring pre-mine allocation and vesting arrangements
• Negotiating and preparing agreements with VCs, their advisors, and other external stakeholders
• Reviewing ICO/IEO documentation including T's & C's, information disclosures, privacy statements taking into account the new EU MICA report requirements
• Advising on local and global AML and KYC requirements, and ICO/IEO participation restrictions
• Assisting with ongoing corporate secretary, advisory and IP requirements
• Litigation and Regulatory advocacy and defense
• Reputation Management
• Advising on the business and process implications of the EU MICA and OECD CARF reports, including the data privacy implications of the increased KYC/AML requirements.

Innovators

• IP protection
• Company formation and tax planning
• Compliance with regulatory, licensing and other obligations
• Jurisdictional choices for tax and regulatory optimization
• Security and privacy review
• Litigation and Regulatory advocacy and defense
• Reputation Management

Promoters and investors

• Developing tax effective ownership structures
• Advising on the taxation of trading gains and income from staking, forging, lending, airdrops and hard forks
• Designing asset protection and estate planning structures
• Family law advice
• Advising on information exchange and reporting requirements
• Reviewing OTC brokerage and escrow arrangements
• Audit defense
• Litigation, and regulatory advocacy and defense
• Reputation management

Asset managers

• Developing cryptocurrency focused fund structures
• Reviewing fund offering and subscription materials
• Assisting with distribution and licensing requirements
• Tax advice on trading gains and performance fees
• Litigation and regulatory advocacy and defense
• Reputation management

Exchanges

• Corporate formation, employment advice, intercompany agreements, etc.
• Tax structuring
• Regulatory advice
• Website compliance issues
• Litigation, and regulatory defense
• Reputation management