Seward & Kissel’s SKrypto blog covers cryptocurrency and blockchain news alongside heart-of-the-matter analysis and interviews with industry insiders.
Seward & Kissel’s Digital Assets Practice is an interdisciplinary group that draws on the Firm’s long history and deep understanding of financial services and products to advise clients on issues arising from investments in assets based on blockchain or Distributed Ledger Technology (DLT) and utilizing blockchain and DLT to disrupt existing, less efficient processes and technology. We have counseled clients on projects involving cryptoassets, DeFi, and blockchain enterprise solutions. We have represented clients before the SEC, CFTC, DOJ, and other regulatory and law enforcement authorities. Members of the Group practice in the areas of securities laws, capital markets, finance, private and public funds, Fintech laws and regulations, sanctions and anti-money laundering laws, tax, commodities, investment advisers, broker-dealers, complex derivatives and intellectual property and technology.
The Group has been advising our domestic and international clients on blockchain matters for over a decade through multiple industry cycles and a challenging and developing regulatory environment. Our experience allows us to provide cutting-edge advice that focuses on delivering targeted commercial solutions to our clients. We draw upon our 75+ years experience advising private funds to provide digital assets focused managers legal, business and operational considerations that are imperative to their success. Our recognition in the industry spans across a broad range of asset classes, including private equity, private and public credit, hedge funds, and registered funds, and services, including fund and entity formation and structuring, tax, regulatory compliance and transaction advice. The Group’s broad institutional knowledge translates into competitive advantages for our clients.
Seward & Kissel is an active member of the Digital Chamber of Commerce and the Virtual Commodity Association (VCA).
The Digital Assets Group publishes its own blog, SKrypto at https://skrypto.sewkis.com/blog.
Representative Matters
Below is a list of blockchain-related projects on which S&K’s Digital Assets Group has worked. Work on these projects has included securities law analysis (analysis of whether a token is a security, whether broker-dealer or alternative trading system (ATS) registration is required, investment company analysis, and the like), state money transmitter registration – as money services business (MSB), sanctions and AML analyses, FinCEN registration, privacy laws, protection of intellectual property, tax structuring and disclosure, analysis of real estate assets and related issues, creation of security interests under the UCC, NY BitLicense requirements, labor issues, and litigation.
S&K has performed work on the following projects:
- Cryptocurrency private funds
- Cryptocurrency public funds/ETPS
- Cryptocurrency custody
- Money services business (MSB) and money transmitter licensing
- Payment processing system utilizing blockchain
- Offering of NFTs and other NFT-related advice
- Representation of blockchain clients in connection with SEC and DOJ investigations
- Representation of blockchain clients in private disputes and litigation
- Security law analysis of tokens
- New York BitLicense Applications
- Decentralized Finance (DeFi) platforms
- Alternate Trading System (ATS) and crowdfunding platform for tokenized offerings
- Insolvency and bankruptcy matters
- Development of crypto index
- Offering of token paying dividends based on industrial hemp growing and processing
- Represented client in first U.S. registered trading system that trades crypto securities
- Gold-backed blockchain warehouse receipt
- Assist client with registration for Arizona blockchain “sandbox”
- Ransomware-related payments
- Assisting cryptocurrency miner with token offering
- Tokenized security exchange project
- Real estate marketplace using token and smart contracts
- Cryptocurrency smart order routing
- Tokenization of real-estate rights
- Social networking site based on blockchain
- Tokenization of securities
Recognition
Seward & Kissel has received the 2022 “Best Law Firm – Overall” award from Hedgeweek.
Seward & Kissel has received the 2021 “Best Law Firm – Digital Assets” award from Hedgeweek.
Seward & Kissel is an active member the Chamber of Digital Commerce, whose mission is to promote the acceptance and use of digital assets and blockchain-based technologies.
