Digital Assets & Blockchain

The digital asset and blockchain space is evolving at lightning speed, reshaping industries and creating new opportunities. We help clients navigate this dynamic landscape with strategic guidance and practical solutions.

At Loeb & Loeb, our attorneys and other team members are working to stay at the forefront of technological and regulatory changes—both current and anticipated—in order to help clients implement blockchain-based solutions, store and administer their digital assets, and overcome technical and operational challenges. Our team closely tracks developments in the public and private sectors in order to maintain a deep understanding of how these developments can impact our clients’ businesses.

Technical Insight with Real-World Impact

Our team’s technical knowledge spans far beyond surface-level blockchain concepts. From smart contracts and smart wallets to secure management of private keys, we bring the technical insights you need to build compliant, robust systems. Whether for a startup integrating blockchain for the first time in a new product or service offering, or an established enterprise expanding into new digital asset services, we offer tailored solutions to help clients realize their business goals while minimizing regulatory risks. Areas for which we advise our clients include:

Onboarding: From user agreements to KYC/AML policies, we streamline onboarding processes for organizations entering the digital asset and blockchain space.
Strategic agreements: Our team routinely helps clients negotiate key supplier and customer agreements that establish relevant intellectual property rights and licenses and facilitate rapid technology deployment.
Custodial solutions: We help to structure custodial arrangements and private key management systems that balance regulatory requirements with practical business needs.
Smart wallets (account abstraction): Our team has experience with next-generation wallet technologies, enabling seamless user experiences while maintaining security and compliance.
Tax and securities implications: We provide clear guidance on the tax treatment and securities considerations inherent to digital assets.

Storing and managing digital assets can be complex. We can help with:

Set-up: Selection and setup of wallet platforms that best fit their operational needs.
Maintenance: Advising on best practices for wallet maintenance with an eye toward both compliance and security.
Private key management: Secure storage and management of private keys, to reduce the risk of unauthorized access or loss.

Proven Experience

Advising on transactions in the digital assets and blockchain space requires specialized knowledge. We have helped clients to successfully negotiate institutional platform agreements that balance favorable terms with regulatory compliance, as well as developer agreements for smart contracts, technical integrations, and blockchain implementations. Our team has guided clients in establishing strategic software, SaaS and IP licensing agreements to support peer-to-peer and blockchain-driven solutions. We provide counsel on the intersection of traditional finance and digital assets, including the use of digital assets as loan collateral, and help clients navigate money transmitter licensing and other state regulatory requirements. Our experience extends to developing decentralized finance (DeFi) platforms, conducting smart contract audits and assessing risk. We also advise on digital asset custody solutions, compliance frameworks for exchanges, and AML/KYC protocols to meet evolving regulatory standards. Additionally, we counsel clients on advertiser liability related to digital assets, ensuring compliance with advertising standards and mitigating legal risks.

Staying Ahead

Understanding that proactive education is key to staying on top of this constantly evolving environment, our team regularly publishes client alerts and resources to help clients stay informed in regards to the latest regulatory, legislative and industry developments. In addition, we are also reporting on the status of strategic bitcoin reserves across the US in our AI tracker to help clients stay informed.

At Loeb & Loeb, we blend strategic legal counsel, deep technical insight and a business-minded outlook to help clients navigate the evolving landscape of blockchain and digital assets effectively. Whether structuring transactions, ensuring regulatory compliance or mitigating risk, we provide strategic guidance tailored to clients’ unique needs. With a forward-thinking approach, we help clients seize opportunities and stay ahead in this rapidly changing space.