Cryptocurrency and Blockchain Technology

Featured Publication:

The ‘Ripple’ Effect: A Striking Development on Defending Digital Asset Securities Litigation

In an article published by Thomson Reuters Westlaw, Kara Kapp discusses the implications of the court’s acceptance of Ripple Labs’ fair notice defense in the SEC litigation against the company and two of its executives, which has potentially wide-ranging implications for digital asset markets.

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The rapid rise of cryptocurrencies, and the anticipated widespread use of blockchain and distributed ledger technologies, has the potential to significantly impact companies and governments, with many experts comparing the disruptive effects to the advent of the internet. While this proliferation will generate tremendous opportunities, as with many game-changing technologies, it also presents legal and regulatory challenges.

Cozen O'Connor’s interdisciplinary Cryptocurrency and Blockchain Technology Industry Group draws from the firm’s more than 800 attorneys to help guide businesses through the rapidly evolving legal, regulatory, and legislative environment. This team of lawyers and policy professionals represents clients on blockchain matters across various industries, and we regularly appear before government agencies central to virtual currency and blockchain issues, including:

  • Commodities Futures Trading Commission (CFTC)
  • Securities and Exchange Commission (SEC)
  • Department of Justice, Financial Crimes Enforcement Network (FinCEN)
  • U.S. Congress

In addition to advising clients on regulatory matters, and advocating for them on policy issues, Cozen O’Connor defends clients in civil litigation brought under securities laws and regulations, and protects clients in governmental investigations and enforcement actions initiated by the SEC, the CFTC, and the Department of Justice (DOJ). Cozen O’Connor also advises clients on antitrust matters before the DOJ and the Federal Trade Commission.

Our team also handles both the transactional and data privacy issues attendant to cryptocurrency and blockchain. Whether you need advice from the ground up as a blockchain startup, are seeking to acquire blockchain assets, or anything in between, our team of corporate attorneys stands ready to help you navigate this unique environment. And because data privacy and security is paramount in this arena, Cozen O’Connor’s Technology, Privacy & Data Security attorneys play a key role on our industry team. These attorneys regularly work with blockchain clients to identify points of vulnerability and minimize risk.

With offices in Washington, D.C., New York, and London, Cozen O'Connor has a presence at the epicenters of finance, technology, and government. We are in a prime position to advise and advocate on behalf of clients’ virtual currency and blockchain regulatory and enforcement matters. Additionally, Cozen O'Connor’s industry leading State Attorneys General practice advises and represents clients at the state level, which is particularly important given the proliferation of state-level regulations of virtual currency and blockchain businesses.

Service Areas

  • Federal, state, and international regulatory matters
  • Legislation   
  • Securities enforcement
  • White collar litigation
  • State Attorneys General

 

Publications

The ‘Ripple’ Effect: A Striking Development on Defending Digital Asset Securities Litigation

April 21, 2022

In an article published by Thomson Reuters Westlaw, Kara Kapp discusses the implications of the court’s acceptance of Ripple Labs’ fair notice defense in the SEC litigation against the company and two of its executives, which has potentially wide-ranging implications for digital asset markets.

The White House Calls for a Sweeping Review of the Government’s Approach to Cryptocurrency [Alert]

March 15, 2022

Kara Kapp discusses President Biden's Executive Order on Ensuring Responsible Development of Digital Assets.

A Blockbuster Week for DOJ Enforcement against Cryptocurrency Exchanges [Alert]

March 02, 2022

Kara Kapp discusses two co-founders of a cryptocurrency exchange, BitMEX, Arthur Hayes and Benjamin Delo, pleading guilty to violating the Bank Secrecy Act by failing to implement and maintain an anti-money laundering program. The court overseeing the BitMEX prosecution also denied a motion to dismiss the indictment against the third co-founder of BitMEX.

Gensler's SEC Can Bring Regulatory Clarity to Digital Assets

April 14, 2021

Chris Bellini and Kara Kapp discuss potential changes to be made to the digital assets industry as a result of Gensler’s recent appointment as chairman of the Securities and Exchange Commission in ThinkAdvisor.

The Department of Justice Announces the First-of-its-Kind Cryptocurrency Enforcement Framework [Alert]

October 09, 2020

Barry Boss and Kara Kapp discuss the DOJ Cyber-Digital Task Force 83-page framework intended to help cryptocurrency entrepreneurs understand and comply with U.S. legal obligations.

Has the SAFT Been KIKed to the Curb?

October 02, 2020

Kara Kapp discusses the court's decision in Securities and Exchange Commission v. Kik Interactive, Inc.

When Your Financial Institution Holds Cryptocurrency in Trust [rma Journal]

April 01, 2019

James Billings-Kang co-authored an article about what actions to take when cryptocurrency is in your trust.

A Security is a Security: How Initial Coin Offerings May Trigger Securities Enforcement and Penalties [Wall Street Lawyer]

January 15, 2019

James Billings-Kang authored an article on the government's response to regulate emerging technologies such as cryptocurrency.

In The News

These 12 Lobbyists are Fighting to Shape Cryptocurrency's Future on Capitol Hill

October 19, 2021

Howard Schweitzer and Patrick Martin, respectively CEO and Managing Director of Cozen O’Connor Public Strategies, were featured in Business Insider as two of the 12 influential digital-currency advocates and lobbyists who are shaping the cryptocurrency discourse on Capitol Hill.

Bitcoin Fans Are Suddenly a Political Force

August 16, 2021

Howard Schweitzer was quoted in the Wall Street Journal discussing the impact cryptocurrency has had on politics lately.

Contacts

Andrew Baer

Chair, Technology, Privacy & Data Security

abaer@cozen.com

(215) 665-2185

Barry Boss

Co-Chair, Commercial Litigation Department
Co-Chair, White Collar Defense & Investigations

bboss@cozen.com

(202) 912-4818

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