Crypto and Digital Assets

Litigation

The major players in the cryptocurrency and digital assets space continue to engage the BCLP team, representing clients from investors (VCs, corporates and PE) and technology businesses (from startups and high-growth to mature companies) to enterprise users (including corporates and financial services institutions procuring or investing in technology), advising on all aspects of their disputes and transactional activity.

We have represented exchanges in cases involving alleged failure to deliver tokens, losses of funds due to crypto investments, and cases brought against exchanges by customers with losses. We have defended a major cryptocurrency exchange in a JAMS arbitration in San Francisco in which the claimant brought a multi-million dollar claim for stolen Bitcoin. Following a four-day hearing involving extensive expert witness testimony, our team obtained a defense verdict for the exchange and an order requiring the claimant to pay our client’s attorneys’ fees. Most recently, we are defending a decentralized cryptocurrency exchange in a case in a suit brought by a liquidity provider.

Our cryptocurrency disputes team has first-chair experience trying these cases, with strategic input from our securities litigation and data privacy specialists.

Transactions & Regulatory

We also have a cross-functional team counseling clients on regulatory and other issues presented by the development of digital assets, cryptocurrency and the application of blockchain technology. We advise clients in the context of existing regulations and past enforcement activity, as well as advocating for clients in interactions with regulators to assess new products. Our crypto team regularly counsel clients on compliant designs for cryptocurrency and digital assets in light of the scrutiny that such products will endure from CFTC, SEC, FinCEN and state regulators. Our lawyers have extensive experience in private practice and as government regulators, making them well-suited to advise on the current regulatory environment, and provide best in class solutions to a plethora of challenges that our clients face in this space, on both a micro and macro level.

Our regulatory lawyers focus on digital assets, cryptocurrency, NFTs and blockchain technology in the context of existing regulations and past enforcement activity. They advise financial services firms in relation to establishment or compliance issues, with ongoing regulatory obligations. In addition, we work closely with our extensive network of international offices on cross-border matters, including advising on the regulatory characterization of crypto assets.

When it comes to concepts and design; our crypto team regularly counsel clients on compliant designs for cryptocurrency and digital asset instruments in light of the scrutiny that such products will endure from CFTC, SEC, FinCEN and state regulators. Our lawyers have extensive experience in private practice and as government regulators, making them well-suited to advise on the current regulatory environment, and provide best in class solutions to a plethora of challenges that our clients face in this space, on both a micro and macro level.