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Blockchain & Cryptocurrencies

Practices

Blockchain & Digital Assets

As global business and commerce increasingly depend on technology, it is more critical than ever for that technology to ensure quick, secure, reliable, efficient and transparent access to data.

Blockchain

Blockchain technology provides a shared, immutable ledger that enables the recording of transactions and tracking of tangible (e.g., cash, real estate) and intangible (e.g., intellectual property) assets over a secure business network instead of in a centralized database. Along with other distributed ledger technologies, blockchain increases efficiency, protects valuable information and mitigates risk, potentially revolutionizing how we conduct business across nearly all sectors.

Net Diligence Breach Coach Silver

Our experience in representing public and private businesses, including financial institutions, banks, broker-dealers, investment funds and retail businesses in connection with all aspects of their business, operations and financial affairs, including counseling clients on regulatory compliance and risk management, puts us in a unique position to advise them on blockchain technology and cryptocurrencies.

An illustrative sampling of our experience includes:

General Counseling

  • Advising private funds, investment advisers and commodity pool operators in the crypto space.
  • Counseling advisers seeking to invest in cryptocurrencies on behalf of their clients.
  • Providing guidance on the formation of appropriate pooled investment vehicles.
  • Facilitating proprietary token/coin sales and registered and unregistered digital rights offerings.
  • Counseling on the development of new digital currencies and regulatory concerns.
  • Advising on mining activities and related software development.
  • Advising on cybersecurity and privacy issues.
  • Providing guidance on the protection of intellectual property.
  • Advising on general corporate matters, including private company formation and structure and operational advice.
  • Providing strategic counseling to both mature and early stage technology ventures, and established businesses adopting electronic and technologically advanced means of competition.

White-Collar

  • Defending parties in numerous proceedings initiated by the Securities and Exchange Commission, Internal Revenue Service, New York Stock Exchange, Federal Trade Commission, Department of Commerce, congressional committees and states’ attorney general, among others.

Privacy & Technology

  • Assisting clients in developing, implementing, managing, and monitoring enterprise-wide, global privacy and data security policies, programs and protocols.
  • Advising on the trans-border transfer of sensitive personal data, including data transfers from and to European Union operations in connection with mergers and acquisitions, human resource operations, IT systems and other contexts.
  • Assisting global companies with certification under the Department of Commerce Safe Harbor program.
  • Representing companies in litigation growing out of data security incidents and cybercrimes.
  • Creating web site, extranet and computer network policies, including privacy policies and terms of use.
  • Counseling companies on maintaining and operating legal compliance programs, including confidential whistleblower mechanisms, in the face of conflicting global privacy laws.
  • Litigating federal and state privacy and internet matters.
  • Counseling on records retention and data destruction plans.

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