Blockchain Technology and Digital Currency

blockchain technology law

Carlton Fields is at the forefront of identifying the numerous complex legal issues faced by today’s innovators. 

Digital currencies, smart contracts, and blockchain/distributed ledger technologies have ushered in a new era of innovation that we believe has the potential to disrupt the way we interact with one another, our governments, and private industry. As innovation continues, the technology’s potential to transform how business is conducted presents new challenges and opportunities across nearly every conceivable industrial sector.

As the law in this area develops, Carlton Fields has taken a forward-looking approach to working with clients on blockchain-related issues, including those arising from the use of cryptocurrencies and smart contracts. The members of our interdisciplinary blockchain practice are committed to embracing and maximizing the transformative potential of this technology.

Digital Currency and Blockchain Technology Solutions 

Our attorneys provide counsel for a wide range of industries, including insurance, financial services, health care, digital media, entertainment, interactive gaming and technology. We handle legal issues related to blockchain technology, including distributed ledger technology, initial coin offerings, smart contracts, and Internet of Things (IoT) and machine-to-machine payment systems.

Statutory and Regulatory Compliance Advice

  • FinCEN compliance and enforcement proceedings
  • Internal Revenue Service and tax advice/planning
  • Securities and Exchange Commission compliance and enforcement proceedings
  • Commodity Futures Trading Commission compliance and enforcement proceedings
  • State money transmitter licensing and money services business compliance
  • Anti-money laundering and “know your customer” compliance
  • Congressional/legislative hearings

General Corporate and Business Transactions Assistance

  • Mergers and acquisitions
  • Venture capital and private investments
  • Capital markets and securities
  • Data privacy and cybersecurity
  • Intellectual property protection

Litigation Support

  • Regulatory/enforcement actions
  • Privacy and cybersecurity
  • Asset seizure and forfeitures
  • Smart contract issues

Representative Matters

    • Represented cryptocurrency exchange in connection with corporate formation, tax counseling, and regulatory advice, including certain issues relating to SEC and CFTC licensure
    • Counseled developers and entrepreneurs on the legal issues pertaining to the development and maintenance of permissionless and permissioned blockchain protocols, including providing tax, regulatory, and corporate advice
    • Represented digital currency exchange before state regulators in order to obtain money transmission licenses
    • Advised digital currency payment processor on issues pertaining to capital formation and early-stage financing
    • Advised high frequency/algorithmic trading funds dealing in various digital currencies on issues related to corporate formation and regulatory compliance
    • Counseled digital currency payment processor on anti-money laundering and know your customer compliance

CF on Blockchain podcast