American Crypto Counsel: Navigating the Next Era of Digital Assets

By: Moish E. Peltz, Esq. and Kyle M. Lawrence, Esq.

The Dawn of a New Crypto Era in America

With the recent election and change in US administration, the United States is experiencing a transformative shift in its approach to cryptocurrency and blockchain technology. Recent developments have ushered in a period of unprecedented opportunity for crypto entrepreneurs and businesses. Our law firm, with its leading Digital Assets Practice Group, is uniquely positioned to guide you through this evolving landscape, offering "Made in America" legal solutions tailored to the blockchain industry.

Trump's Memecoin: A Watershed Moment

On January 17, 2025, in a groundbreaking move that underscores the changing tides, then President-elect Trump launched his official memecoin ($TRUMP). Over its first weekend, the memecoin gained billions of dollars in value. This unprecedented action by someone only days away from being inaugurated as president not only signals a dramatic shift in the government's stance on cryptocurrencies but also highlights the growing mainstream acceptance of digital assets. The launch of a presidential memecoin sets a new precedent and potentially paves the way for increased adoption and integration of blockchain technology in various sectors.

SEC's Crypto Task Force: Redefining Regulatory Approaches

Another mark of this new era is the resignation of Gary Gensler as SEC Chair, the appointment of Commissioner Mark Uyeda as Acting Chairman, and the launch of the SEC’s crypto task force dedicated to developing a comprehensive and clear regulatory framework for crypto assets. Acting Chairman Uyeda appointed Commissioner Hester Peirce to lead the SEC’s newly formed crypto task force, which marks a significant milestone in its own right. Uyeda and Peirce's leadership and focus on a sound regulatory approach for crypto in the US promises a more balanced and nuanced approach to crypto regulation. This task force is expected to focus on:

• Developing clear guidelines for crypto businesses
• Creating realistic paths to compliance
• Fostering innovation while protecting investors
• Addressing the unique challenges posed by decentralized finance (DeFi)
• Exploring the potential of blockchain technology in traditional financial markets

Optimism Amidst Regulatory Evolution

While the regulatory environment continues to evolve, recent political changes have injected a new sense of optimism into the crypto industry. The formation of the SEC's Crypto Task Force, coupled with the administration's pro-crypto stance, suggests a future where innovation and regulation can coexist harmoniously. Moreover, all of this innovation can now happen in the US. This shift creates a more favorable climate for:

• Blockchain startups and entrepreneurs
• Established companies looking to integrate blockchain solutions
• Institutional investors exploring digital asset opportunities 
• International blockchain businesses considering U.S. expansion

Made in America: Leveraging Domestic Legal Expertise

As the United States positions itself to become a global leader in blockchain innovation, our firm's "Made in America" legal offerings are more crucial than ever. We combine deep industry knowledge with a nuanced understanding of the evolving regulatory landscape to provide unparalleled guidance. Our expertise spans:

• Federal and state cryptocurrency regulations
• Securities law implications for token offerings, memecoins, NFT offerings, and other digital assets
• Tax implications of cryptocurrency businesses, transactions and holdings
• Litigation and asset recovery

Comprehensive Legal Services for the Blockchain Industry

Our digital assets practice group offers a wide range of services tailored to the unique needs of the crypto and blockchain sector:

• Regulatory Compliance Guidance
• Navigate complex federal and state regulations
• Develop compliance programs tailored to your business model
• Stay ahead of regulatory changes and adapt strategies accordingly

Token Offering Structuring and Support

• Compliant token offerings  
• Navigate securities law implications
• Develop investor agreements and disclosure documents

Intellectual Property Protection

• IP licensing agreements
• Trademark protection for crypto brands and logos
• Copyright strategies for blockchain-related software and content

Corporate Structuring for Crypto Startups

• Formation of crypto-friendly business entities
• Structuring of decentralized autonomous organizations (DAOs)
• Governance frameworks for blockchain projects

Capital Raising and Venture Technology

•  Assisting with early stage financing
•  Conducting private placements for additional capital
•  Preparing all documents in connection with seed rounds

Regulatory Advocacy and Government Relations

• Represent client interests before regulatory bodies
• Participate in policy discussions and public consultations
• Advocate for balanced and innovation-friendly regulations

Mergers and Acquisitions in the Crypto Space

• Due diligence for crypto-related M&A transactions
• Structuring deals involving digital assets
• Navigating regulatory hurdles in crypto company acquisitions

Dispute Resolution and Litigation

• Represent clients in crypto-related disputes
• Navigate jurisdictional challenges in blockchain litigation
• Develop strategies for smart contract disputes

Crypto Estate Planning

• Creating comprehensive digital asset specific estate plans that account for self-custodial private keys and cryptocurrency wallets
• Strategic use of gifting strategies to capitalize on current estate tax exemptions, including capitalizing on gift exclusions and lifetime gifting
• Moving digital assets into LLCs and establishing cryptocurrency asset protection trusts
• See more about these strategies in our CoinDesk OpEd here

Seizing the Moment: Your Partner in Blockchain Innovation

The crypto industry stands at a pivotal juncture, with unprecedented opportunities on the horizon. While challenges remain, the path forward is clearer and more promising than ever before. Our firm is committed to helping you navigate this new frontier, ensuring your blockchain ventures are not just compliant, but positioned for success in this rapidly evolving landscape.

There are significant risks inherent in any blockchain venture. Partner with FRB's blockchain lawyers to turn regulatory challenges into competitive advantages and bring your blockchain innovations to life in America's new crypto-friendly environment. With our deep expertise and forward-thinking approach, we're ready to help you write the next chapter in the American blockchain success story.

DISCLAIMER: This summary is not legal advice and does not create any attorney-client relationship. This summary does not provide a definitive legal opinion for any factual situation. Before the firm can provide legal advice or opinion to any person or entity, the specific facts at issue must be reviewed by the firm. Before an attorney-client relationship is formed, the firm must have a signed engagement letter with a client setting forth the Firm’s scope and terms of representation. The information contained herein is based upon the law at the time of publication.