Digital Assets & Blockchain

We advise banks and other financial services companies that offer cryptocurrency products and services, take custody of digital assets, or implement blockchain-based platforms. Our work in this space includes:

• Advising on how to structure new products and services for compliance with federal and state banking laws and regulations, as well as BSA/AML requirements
• Analyzing whether licenses or registrations are required under federal and state laws and filing applications when needed
• Negotiating partnership and platform agreements with service providers
• Applying or filing for bank or trust charters, Federal Reserve master account access, and charter conversions
• Drafting internal compliance policies, procedures, and user terms of service

We use our depth of knowledge and expertise in the technology market to help companies develop, utilize, procure, and integrate with the technologies and platforms that enable access to blockchain technology. We also help clients navigate the intellectual property, privacy, and data security issues that arise when operating in the blockchain space. This includes:

• Quickly understanding and translating technical concerns into contractual protections, helping products get to market fast
• Drafting complex hosting and services agreements for emerging technologies, such as cloud-based services, SaaS, and Blockchain-as-a-Service
• Assisting providers of technology solutions directed to the crypto asset industry with the development of standard contracting frameworks; the negotiation of customer agreements, including with financial institutions and crypto asset exchanges; and data usage rights and obligations
• Assisting with the structuring of crypto asset wallet relationships
• Drafting and advising on privacy policies and terms of service tailored to blockchain technology, such as NFT marketplace platforms and supply chain management
• Assisting with NFT offerings and related agreements, such as term sheets, licensing, and EULAs

We counsel clients on leveraging cryptocurrencies to power payments, including:

• Merchants that want to accept cryptocurrency as a payment method
• FinTechs that want to enable end users to transact in cryptocurrency
• Metaverses and gaming platforms that want to incorporate cryptocurrency and other digital assets within their virtual environments

We help companies protect and leverage their blockchain-related assets, whether it be their brands, software, or innovations. Our team of IP professionals is ready to help clients:

• Develop comprehensive IP protection programs
• Provide training to ensure that IP assets are identified and protected via patent, trademark, trade secret, and/or other mechanisms
• Prepare IP license and related agreements for both content owners and platforms looking to leverage such IP by minting and selling NFTs
• Review digital assets to be used in NFTs prior to release and counseling on trademark, copyright, and right of publicity issues
• Review and draft agreements with entertainers and athletes regarding grants of name, image, and likeness rights
• Run trademark searches and counsel on uses within NFTs and in advertising and marketing for the business
• Acquire and manage worldwide portfolios of IP assets
• Enforce IP rights through a variety of mechanisms

Our integrated team of intellectual property, financial services, and complex commercial litigators has represented clients of all sizes and industries before government agencies, courts, and arbitration venues. We combine seasoned litigators with subject matter specialists to:

• Understand the technology and interplay with emerging laws to defend against and prosecute IP infringement and complex blockchain-related issues
• Understand your business and tell a consistent story that highlights your company's benefit and role in the financial ecosystem
• Minimize litigation stress and uncertainty
• Staff your matter efficiently and leanly, with skilled attorneys who know your case, your industry, and who stay one step ahead of your opponent

We provide technical assistance to legislative staff and work with various trade associations, crypto companies, FinTechs, and financial institutions to:

• Ensure compliance with existing regulations
• Monitor developments on legislative initiatives, including the submission of comments on proposed guidance and regulations
• Engage with regulators and policymakers about novel crypto-related issues and related supervisory expectations

We counsel energy companies and end users on managing energy costs and reducing the carbon footprint of blockchain operations by:

• Contracting for renewable energy used in crypto mining operations
• Creating new tariffs to integrate crypto mining operations into utility service territories