Blockchain, digital currency, and crypto-currency technologies have already had a transformative impact on the business world and the global economy. Investment in digital currency and blockchain companies is increasing exponentially, and new, exciting applications for these technologies continue to be found. However, the innovators and entrepreneurs driving this evolution are starting to run up against a unique set of legal challenges, including heightened regulatory scrutiny and outdated regulatory frameworks.

Brown Rudnick lawyers are at the cutting-edge of assisting digital commerce clients navigate the ever-changing legal issues that arise in the implementation of blockchain and digital currencies. Our Blockchain and Digital Commerce Practice Group consists of a multidisciplinary team of lawyers that guide our clients through transactional, litigation and regulatory issues, with a diverse global footprint that allows us to assist our clients across the world. Our team has represented many leading blockchain and digital commerce companies in corporate and securities, intellectual property, tax, privacy and cyber security matters, as well as in white collar investigations and securities litigation.

We regularly assist clients with matters concerning:

  • Digital Smart Contracts
  • Investment and Acquisitions in Cryptocurrencies
  • Initial Coin Offerings (ICOs) and Token Generation Events (TGEs)
  • Digital Transfer of Property
  • Digital Currency Regulations and International Regulatory Compliance
  • Blockchain Applications to Digital Payments and Supply Chain
  • Blockchain and the Insurance Market
  • Digital Disputes
  • Tokenization of Assets
  • Choice of Entity and Jurisdiction
  • Taxation of Tokens
  • Review of Public Statements
  • Securities Law Analysis
  • Advising on White Paper Presentation and Business Structure
  • Cybersecurity and Encryption
  • Data Protection and Data Privacy
  • Protection of trade secrets, patents, trademarks and copyrights

Our Team’s Relevant Experience

Advising companies in the U.S. and abroad on ICOs – including assessing the viability of selected functionalities and/or smart contracts, arranging exempt offerings (Reg D, Reg S, Reg CF and Reg A), drafting and reviewing white papers with respect to disclaimers and legal compliance, elaboration of compliance blueprints, and assessing cybersecurity and data privacy compliance procedures.

Conducting regulatory analyses on behalf of digital commerce and blockchain companies regarding the nature of tokens under current securities regulations, business models, industry-specific regulations and legacy practices, applicable licensing requirements, compliance with applicable government sanctions, the development of Anti-Money Laundering Programs, and internal audit procedures

Assisting digital commerce and blockchain companies in intellectual property related matters, including protection of trade secrets, patents, trademarks and copyrights

Counselling companies who plan to launch cryptocurrency exchanges regarding exchange listing strategy, listing applications for exchanges, and applicable Money Transmitter regulations, Broker Dealers, ATS registrations, CFTC compliance, and Investment Company Act

Advising digital currency exchanges on state and FinCEN registrations

Providing legal counsel regardining the creation of new Blockchain designed for the general aviation industry

Advising on startup fundraising for Blockchain platforms

Concluding cross-board license agreements for Blockchain platforms

Providing digital commerce companies and their officers with representation in government investigations, securities litigation, and white collar litigation matters

Digital Commerce Group Leader

Clara Krivoy


New York, NY