Blockchain and Digital Assets

Blockchain technology—a means of distributing digital information without duplication—facilitates trade and has begun to revolutionize transactions across myriad industries. Blockchain is disruptive because it has the potential to lower the cost of transactions and make transactions more secure. To stay ahead of the curve, companies must think about and prepare for the impact of this wave of technological innovation on their business operations. 

Hunton Andrews Kurth LLP helps businesses deal with the vast regulatory, transactional, and business implications arising from the emergence and use of blockchain technology. The forward-thinking lawyers that make up our firm’s blockchain technology working group advise companies on all aspects of the use of blockchain and other distributed ledger technologies, including smart contracts and digital assets. Our multidisciplinary team draws on the experience of attorneys in our capital markets, structured finance, insurance, M&A, financial restructuring, privacy and cybersecurity, bank regulatory, real estate, and intellectual property practices. 

Examples of recent blockchain-related projects in which our lawyers have been involved include:

• structuring financings involving the issuance of tokens, stablecoins, and other digital assets;
• counseling FinTech companies, financial institutions, trading platforms, cryptocurrency exchanges, digital wallet apps and other market intermediaries seeking to comply with various state and federal laws and licensing regimes in connection with their digital asset strategies;
• negotiating supply chain and related services agreements for businesses moving elements of their operations to a blockchain;
• representing directors onboarding to blockchain companies;
• advising banks and thrifts on compliance management systems related to cryptocurrency operations, including providing banking services to cryptocurrency exchanges and trading platforms, trust and custodial services, and reward programs involving virtual currencies;
• advising as to the deployment of retailer payment processing systems involving cryptocurrency payments, both for physical point-of-sale systems as well as digital commerce gateway processing;
• prosecuting blockchain patents and related intellectual property issues involving digital assets (including in respect of nonfungible tokens);
• analyzing regulatory issues arising under the Bank Secrecy Act, OFAC regulations, and related sanctions and anti-money laundering laws;
• representing FinTech companies deploying distributed ledger technology across all elements of their businesses;
• reviewing proposed regulations and draft legislation involving blockchain, cryptocurrency, and other digital assets;
• advising banks and other sources of capital that are funding into financing structures involving collateral originated on blockchain;
• representing leading trade associations in public policy efforts involving blockchain and digital assets;
• defending businesses in regulatory investigations and litigation involving cryptocurrency and other digital assets; and
• advising a global investment bank in developing blockchain solutions for components of its business.

To ensure that our clients have access to new information regarding blockchain developments and the impact on their business, our cutting-edge lawyers provide frequent updates and analysis on our blockchain blog, the Blockchain Legal Resource. Our blog has become a frequent destination for participants in the digital asset ecosystem.