Blockchain technologies and the smart contracts and digital currencies they empower are disrupting virtually every industry and sector.
Distributed ledgers, especially public ledgers, and smart contracts enabled by blockchain are radically altering commercial and other relationships and transaction processing. Enormous opportunities are being created, but there also are attendant risks. McCarter is on the cutting edge of innovation—advising clients who are creating, integrating, implementing, investing in, and leveraging blockchain technologies. Our Blockchain, Smart Contracts & Digital Currencies group is comprised of a multidisciplinary team of attorneys who understand how these advancing technologies impact our economy and our clients—affecting nearly all aspects of business, including underlying business processes.
Clients rely on us to stay ahead of the curve on developments in the space. Whether you’re a company seeking regulatory clarity on raising capital through an Initial Coin Offering (ICO), a financial institution dealing with compliance issues or paradigm shifts in your business, an emerging company seeking protection for IP assets, a healthcare entity handling security (including HIPAA, GDPR, and data transfer issues), a business enterprise involved in the creation of non-fungible tokens (NFTs), a service provider or an investor concerned about the disintermediating effects of distributed ledgers on your business, or any other company in affected industries dealing with issues that arise from the transformative power of these technological innovations, we have the practice and industry experience to guide you through the advantages and opportunities afforded by the emerging technology, and to help you avoid the pitfalls.
Our work includes:
- Representing venture capital investors in portfolio company investments in blockchain technology companies.
- Representing a company employing blockchain technologies and digital currencies to transform the sharing of health care data and information and the monetization thereof.
- Representing a company in the formation, governance and capital raising (both venture and tokenization) aspects of its business formed to create an electronic marketplace that relies on the blockchain and smart contracts.
- Representing a company in formulating its IP strategy to protect its blockchain-related innovations.
- Representing venture, private equity and hedge fund clients in financing and IP matters relating to the blockchain.
- Representing a bitcoin mining company and its principal in an SEC investigation into allegations that efforts to raise capital through the sale of contracts in return for participation in mining operations violated securities laws. The investigation was closed with no action taken.
- Representing an emerging growth company that creates NFTs—a unit of data stored on a digital ledger that certifies a digital asset to be unique and, therefore, not interchangeable. (NFTs can be used to represent items such as photos, videos, audio, and other types of digital files, including, as in this matter, fictional and non-fictional characters of fictional digital artists.
- Forming a cryptocurrency meetup for the New York metro area, featuring experts in the industry, including our attorneys, and covering the latest news in Bitcoin, Ethereum, ICOs, mining, investment/trading ideas, and more.
- Conducting an exchange of previously issued utility tokens for security tokens compliant with the US securities laws.
- Representing a crypto mining company in its fundraising and general corporate matters.
- Representing a creator of NFTs with respect to all legal aspects of NFT creation and sale.