Blockchain / Distributed Ledger Technology

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Blockchain technology adoption hit the gas pedal in 2020 with huge developments surfacing in government investment, regulation, and policy. For many years blockchain’s growth was solely driven by the financial services sector. But now, for the first time, governments are testing and subsidizing blockchain solutions while companies are fast-tracking products for supply chains, health care, life sciences, government contracts, and other industries. Never has there been a more crucial time.

Blockchain solutions are held in limbo without the right team and know-how to quickly address the issues that are cropping up every day. Investors and new developers creating blockchain-as-a-service (BaaS) innovation, and established companies leveraging blockchain in business, can agree on at least one thing: navigating the blockchain legal landscape successfully within an evolving legal, regulatory, and digital economy is tricky. Crowell’s technical expertise, experience, leadership role in blockchain circles of influence, and geographic footprint in key industry markets, allows us to offer unprecedented service—as both legal and strategic business advisors.

Experience Matters

We have helped our clients seize opportunities and meet the challenges of this explosive market opportunity. Our recent experience includes:

  • Advising a blockchain technology and digital currency platform regarding money transmission regulations.
  • Negotiate commercial agreements between parties involved in a blockchain digital art platform using NFTs.
  • Advise a blockchain analytics company on export control laws and international expansion.
  • Advise an art and antiquities company on blockchain’s application to legal ownership rights, exhibition rights, different forms of revenue or cash flow shares, and dividends from investment structures.
  • Audit the IP of blockchain client and train developers on IP management.
  • Advise a hedge fund that invests in emerging technologies including, distributive ledger technologies, blockchain, artificial intelligence, as well as digital currencies.
  • Advise numerous clients in connection with the formation of new blockchains, including representing node participants.

Our highly-regarded team includes:

  • A 2020 National Law Journal and New York Law Journal Cryptocurrency, Blockchain, and Fintech Trailblazer
  • A Co-Founder of Diversity in Blockchain, Inc.
  • A team of computer scientists and mechanical engineers led by a Massachusetts Institute of Technology (MIT) PhD leader focusing on blockchain and distributed ledgers
  • An MIT Computational Law Report Advisory Board Member
  • Members of the Chamber of Digital Commerce
  • A Member of the Wall Street Blockchain Alliance

Our Blockchain and DLT Services:

Our team represents clients on the full range of blockchain and DLT-related issues across industries, including:

  • Consortium and joint venture transactions  
  • Anti-money laundering, sanctions and Bank Secrecy Act  
  • Securities and commodities regulation 
  • Corporate financings and initial coin offerings 
  • Cryptocurrency fund money transmission and regulatory counseling
  • Cybersecurity and privacy, including HIPAA and data transfer issues 
  • Insurance regulation 
  • Antitrust counseling 
  • Energy trading 
  • E-discovery and recordkeeping 
  • Government affairs 
  • Intellectual property development and licensing 
  • International trade and customs issues 
  • Tax counseling

See how our Digital Assets Practice helps businesses in the financial sector with digital assets, virtual payments, and cryptocurrency.  Ask about our Digital Asset Adoption Counseling and Advocacy Program.

Crowell & Moring provides comprehensive, point-to-point counsel to help industry leaders in finance, energy, insurance, health care, government contracts, and other sectors stake their claim in the blockchain and DLT space.

Is your business ready for Blockchain?

Exploring Blockchain
We provide in-house CLE programs and information sessions on blockchain and DLT, helping clients understand both the technology and the regulatory issues of implementing a blockchain or DLT solution, as well as promising use cases in specific industries.

Creating a Blockchain Strategy
We offer in-depth workshop sessions for companies considering implementing a blockchain or DLT network, including identifying regulatory hurdles to adoption, assisting with network diligence, negotiating network agreements, and addressing the full range of issues relating to joining a network.

Ready to Join a Network
And, once you are ready to join a network, our team works to negotiate the legal agreements and provide a deep-dive review of operating procedures, cybersecurity and privacy concerns, and regulatory issues that will impact your success.

View More

States Often First In Crypto Enforcement, Leaving Feds To Follow Roll Call (March 22, 2022)
Press Coverage
"Stablecoin Regulation Is Coming? President’s Working Group Issues Report on Stablecoins Outlining Stablecoin Risks and Requesting Congress Pass Urgent Legislation Regulating Stablecoins," Blockchain Alert (November 15, 2021). Contacts: Carlton Greene, Anand Sithian, Stephanie L. Crawford, Caroline E. Brown
Client Alert/Newsletter
"Reasonable Doubt: Ambiguity About Your NFT Offering Could Result in a Lawsuit," (July 9, 2021). Contacts: Christopher A. Cole, William H. Frankel
Client Alert/Newsletter
"Insurance, Sanctions Considerations Among Those at Stake in IST Task Force Recommendations for Combating Ransomware," Blockchain Alert (May 12, 2021). Contacts: Laura Foggan, Jeffrey L. Poston, David (Dj) Wolff, Adam J. Singer
Client Alert/Newsletter
"SEC Risk Alert Provides Valuable Reminders Concerning Importance of Compliance with SAR Reporting Requirements," Administrative Law Alert (April 21, 2021). Contacts: Caroline E. Brown, Carlton Greene, Allison Skager
Client Alert/Newsletter
"SEC's Focus On DeFi Is Made Clear Through Its Suit Against LBRY, Inc.," White Collar Alert (April 5, 2021). Contact: Nimrod Haim Aviad
Client Alert/Newsletter
"Insurers and Industry Groups Launch New and Innovative Blockchain Initiatives," Insurance/Reinsurance Alert (January 28, 2021). Contacts: Laura Foggan, Kelly H. Tsai
Client Alert/Newsletter
"Thai Re "Insurer Network" Just Latest Example of Blockchain Innovation in Reinsurance," Insurance/Reinsurance Alert (January 12, 2021). Contacts: Laura Foggan, Kelly H. Tsai
Client Alert/Newsletter
"Don’t Let Blockchain (DLT) be the next 5G: Blockchain in China and the U.S.," Crowell & Moring Webinar (September 30, 2020). Presenters: Adelicia R. Cliffe and Michelle Ann Gitlitz.
New York Law Journal Names Michelle Gitlitz a “New York Trailblazer” (September 23, 2020)
Firm News/Announcement

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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