Digital Assets
Overview
Seward & Kissel’s Digital Assets practice is a multidisciplinary team that draws on the firm’s longstanding experience in financial services to advise clients on legal and regulatory issues involving blockchain and distributed ledger technology.
The practice advises on a broad range of matters involving digital assets, decentralized finance, enterprise blockchain solutions, including fintech, investments in digital asset, the use of blockchain-based technologies to improve or replace existing business processes,the use of digital assets as collateral, custody, matters of regulatory nature, enforcement by the SEC or other federal agencies and regulators, litigation and bankruptcy. Members of the Digital Assets practice regularly represent clients before the SEC, CFTC, DOJ and other regulatory and law enforcement authorities. The team works across securities laws, capital markets, finance, private and public funds, fintech regulation, sanctions and anti-money laundering, tax, commodities, investment advisers, broker-dealers, derivatives, and intellectual property and technology.
For more than a decade, the practice has advised domestic and international clients through multiple industry cycles and an evolving regulatory landscape. That experience informs practical, commercially focused advice tailored to how clients operate in practice. The group also draws on the firm’s more than 75 years of experience advising private funds to address the legal, business and operational considerations facing digital asset-focused managers.
The practice’s work spans a wide range of asset classes, including private equity, private and public credit, hedge funds and registered funds, as well as services such as fund and entity formation and structuring, tax planning, regulatory compliance and transactional advice. This depth of institutional knowledge translates into meaningful advantages for clients navigating complex digital asset matters.
Seward & Kissel is an active member of the Digital Chamber of Commerce. The Digital Assets practice also publishes the SKrypto blog, which covers developments in cryptocurrency and blockchain alongside focused analysis and interviews with industry participants.
Capabilities
Related Practice Areas
Representative Work
The Digital Assets practice has advised on a wide range of blockchain-related projects, including:
- Digital asset private funds, public funds and exchange-traded products
- MLAs, ISDAs, custody agreements and perfecting security interests in digital assets
- Money services business and money transmitter licensing, blockchain-based payment processing systems and fintech applications
- Non-fungible token offerings and related matters
- Regulatory investigations by the SEC and DOJ, and private disputes and litigation involving blockchain technologies
- Securities law analysis of tokens
- Decentralized finance platforms
- Insolvency and bankruptcy matters
- Tokenization of funds and RWAs
- Ransomware-related payment matters
- Real estate marketplaces using tokens and smart contracts
Related Practice Areas
Representative Work
The Digital Assets practice has advised on a wide range of blockchain-related projects, including:
- Digital asset private funds, public funds and exchange-traded products
- MLAs, ISDAs, custody agreements and perfecting security interests in digital assets
- Money services business and money transmitter licensing, blockchain-based payment processing systems and fintech applications
- Non-fungible token offerings and related matters
- Regulatory investigations by the SEC and DOJ, and private disputes and litigation involving blockchain technologies
- Securities law analysis of tokens
- Decentralized finance platforms
- Insolvency and bankruptcy matters
- Tokenization of funds and RWAs
- Ransomware-related payment matters
- Real estate marketplaces using tokens and smart contracts
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