Digital Asset Recovery and Enforcement

At Falcon Rappaport & Berkman (FRB), our Digital Asset Recovery and Enforcement team helps clients act fast and decisively in a constantly shifting environment for blockchain and digital asset matters. We combine courtroom experience with technical fluency to locate, freeze, and recover crypto assets—and to enforce rights on‑chain and off—within the existing legal frameworks of the United States and key foreign jurisdictions.

Our interdisciplinary attorneys from FRB’s Litigation and Digital Assets Practice Groups work closely with tracers, investigators, and forensic experts to manage complex, cross‑border investigations and cases involving digital assets. From the first wallet hop to final judgment or settlement, we build an evidence record that stands up in court, arbitration, or negotiations with cryptocurrency exchanges and other counterparties.

We understand that disputes involving digital assets present unique challenges: pseudonymous transactions, multi‑chain movement, and rapidly evolving regulations. Our team translates technical findings into persuasive legal arguments, developing practical strategies that protect value and move matters toward resolution.

How We Can Help With Digital Asset Recovery and Enforcement

As adoption of blockchain technology grows, so do the legal complexities surrounding virtual currency and tokenized property. The decentralized nature of many networks, paired with a patchwork of federal and state rules, requires targeted strategies and swift execution. FRB provides tailored solutions for individuals, investors, and blockchain businesses—from emergency relief to final enforcement.

Whether you’re recovering stolen digital assets, proving ownership after a protocol exploit, calculating losses for tax reporting, or asserting intellectual property rights tied to NFTs and smart‑contract platforms, our attorneys deliver results‑driven representation grounded in deep technical and legal experience.

Digital Asset Recovery 

Protecting and restoring value is the core of our practice. We assess the likelihood of recovery early, set expectations, and pursue the most efficient path—investigation, negotiation, court order, arbitration, or coordinated action with law enforcement. We navigate both centralized venues (a crypto exchange) and decentralized ecosystems, using legal tools that align with the speed of blockchain.

Our representative services include:

• Forensic blockchain investigations to trace, attribute, and value assets across chains and mixers—preserving chain‑of‑custody for admissibility.

• Exchange engagement and emergency freezes at cryptocurrency exchanges and custodians, and outreach to decentralized platforms to restrict movement of unlawfully transferred funds.

• Litigation and emergency relief, including temporary restraining orders, orders to show cause, replevin, constructive‑trust claims, and other remedies for disputed, lost, or misappropriated digital assets.

• Coordination with law enforcement when criminal conduct or forfeiture intersects with civil recovery.

• Bankruptcy and insolvency representation for creditors of blockchain businesses, including claim filing, collateral recovery under secured transactions, and adversary proceedings.

• Loss measurement and tax support, including basis reconstruction and calculating and valuing losses for income tax purposes.

• Arbitration and ADR strategies to resolve asset disputes efficiently where contractual clauses or platform terms require non‑judicial forums.
  

Where helpful, we expand the target universe beyond a single “wallet”—pursuing assets including tokens, NFTs, stablecoins, and wrapped positions, and seeking post‑judgment enforcement against identifiable wrongdoers and downstream recipients.

Blockchain IP Enforcement 

Innovation moves quickly; so must protection. Our Digital Asset Enforcement services safeguard brands, content, and code as they interact with ledgers, protocols, and marketplaces. We align IP strategy with token economics and platform design, ensuring that rights are enforceable both on‑chain and under traditional statutes.

Representative services include:

• Enforcing intellectual property rights in matters involving digital assets—copyright and trademark claims tied to wallets, protocols, token names, NFT collections, and marketplace listings.

• Prosecuting fraud and misrepresentation related to counterfeit NFTs, unauthorized token drops, or deceptive use of project branding.

• Takedowns and platform actions, including DMCA notices and marketplace delistings for NFTs and tokens on major exchanges and NFT platforms.

• Decentralized domain name actions, including acquisition or takedown strategies for names on ENS (name.eth), Handshake, and other blockchain naming systems.

• Contract and licensing frameworks for smart‑contract repositories, on‑chain royalty mechanics, and marketplace terms—built to withstand scrutiny under existing legal frameworks.

• Cybersecurity and incident readiness, helping businesses prevent unauthorized access to digital assets and align technical controls with legally defensible policies.
  

By pairing IP enforcement with investigative support, we can identify infringers, link activity across addresses, and turn pseudonymity into evidence that supports injunctions and damages.

Protect Your Digital Assets

In a volatile market, hesitation can be costly. FRB’s team monitors regulatory and enforcement trends and keeps clients prepared with playbooks for incident response, evidence preservation, and communications with counterparties. We operate nationwide in the United States and coordinate internationally when assets or actors move across borders.

If you’re facing a digital asset recovery challenge or need to enforce rights tied to crypto assets, we’re ready to help—from rapid assessments within hours to full‑scale litigation. We partner with clients of all sizes, including founders, funds, family offices, and enterprise blockchain businesses.

Contact FRB to schedule a consultation. Together, we’ll design a clear, cost‑effective plan to locate assets, pursue recovery under the appropriate court orders, and enforce your rights across centralized and decentralized venues. Let our team’s blend of legal strategy, technical investigation, and coordinated engagement with law enforcement and marketplaces work to protect what you’ve built.