Digital Assets Attorney

The Falcon Rappaport & Berkman (FRB) Digital Assets Practice Group assembles cross-departmental teams tailored specifically to each client’s goals, drawing from our firm’s diverse range of practice areas. Our primary objective is to position clients at the forefront of emerging technologies by leveraging our combined legal expertise. Our attorneys possess deep experience navigating the complex legal and regulatory landscape surrounding digital assets and other venture technology, ensuring clients are prepared to meet evolving challenges and opportunities.

How Our Digital Assets Lawyers Can Help You

FRB’s Digital Assets Practice Group offers expert advice and guidance on matters related to:

Business Attorneys for Blockchain, Cryptocurrency, and NFTs

Our services include guidance on business formation, funding, business organization, dispute resolution, litigation, estate planning, and taxation for individuals and entities involved in blockchain, cryptocurrency, and non-fungible token (NFT) ventures.

We assist clients in organizing their businesses and helping them fundraise either through private capital or venture capital. We can form businesses for clients in almost any jurisdiction, including New York, Delaware, Wyoming (including the UNA and DUNA structures), or even offshore jurisdictions such as the Cayman Islands and British Virgin Islands, where we partner with local trusted advisors. We also work on both “for-profit” and “not-for-profit” structures, as appropriate. All of this with any eye towards creating the appropriate structure for a client’s contemplated business activity. We also help clients structure token offerings and navigate securities laws, ensuring compliance with applicable international, US federal, and state regulations. Our attorneys also provide strategic counsel on decentralized finance (DeFi) and cross-border transactions, helping businesses mitigate risks in this evolving landscape. Whether you are an entrepreneur launching a crypto venture or an established institution integrating blockchain into operations, our legal team ensures a sound regulatory foundation.

Intellectual Property in Cryptocurrency and NFT Commercialization

We provide strategic counsel on securing and enforcing patents, trademarks, copyrights, and trade secrets across multiple jurisdictions, including monetizing and safeguarding valuable blockchain innovations and brands from infringement. This includes advising on US and global trademark portfolio strategies for blockchain-based brands, on copyright protection for NFT-linked assets and other digital art, and drafting licensing agreements for all kinds of digital assets. We also assist clients in enforcing IP rights in decentralized environments and resolving disputes related to blockchain-based businesses and NFTs. Additionally, our IP attorneys can help grow IP rights while leveraging offshore structures, such as those based in the Cayman Islands and British Virgin Islands (BVI), known for favorable regulatory environments and robust protections for IP rights.

Cyber Security and Data Privacy

Our expertise includes privacy regulation compliance, data management, and the development of terms of service, privacy policies, and clickwrap agreements. We assist businesses in meeting requirements under laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We help clients navigate complex international data transfer laws to ensure seamless global operations and work in coordination with international and domestic data privacy officers (or DPOs) to provide data privacy compliance on a global scale, including drafting appropriate privacy policies. Additionally, our legal team advises on breach response strategies, cybersecurity frameworks, and regulatory investigations involving data security. We do all of this while bearing in mind the immutable nature of digital ledger technologies and the unique privacy concerns their use raises.

Gaming and Metaverse

Our services encompass intellectual property protection, development, distribution, licensing, and litigation relating to the gaming industry and metaverse technology and platforms. We help gaming companies structure token and lootbox economies, comply with securities laws in blockchain-based gaming environments, and navigate user data protection regulations. Our attorneys also provide counsel on gaming partnership agreements and jurisdictional considerations for virtual economies.

Digital Asset Recovery and Enforcement

We provide assistance with investigations, enforcement of IP rights, and recovery of digital assets connected to blockchain activities. Our legal team works with law enforcement, tracing and forensic experts, and regulatory agencies to track and recover lost or stolen cryptocurrencies. We also help clients navigate asset freeze claims, fraud claims, money laundering concerns, and asset recovery efforts in cases of hacking or unauthorized transfers. We also consult with other attorneys and co-counsel in a wide range of litigation and recovery efforts.

Litigation and IP Enforcement for Blockchain and AI Technologies

We represent clients in litigation and enforcement actions relating to cutting-edge technologies. Our experienced blockchain litigation attorneys specialize in resolving complex disputes involving cryptocurrency, NFTs, and DAOs. With deep expertise in blockchain technology and digital assets, we aggressively protect our clients’ interests in state and federal courts and arbitration. Our firm provides strategic counsel in disputes related to a wide range of disputes, including intellectual property infringement, mining operations, and partnership or ownership disputes.

Tax and Estate Planning for Digital Assets

We help individuals and businesses structure crypto holdings for intergenerational continuity, tax efficiency, navigate IRS reporting requirements, and establish trust mechanisms for long-term digital asset preservation. Our digital assets team also coordinates with our estate planning team to establish appropriate trust structures that are mindful of wallet management mechanisms appropriate under the circumstances, including using multi-signature wallets and institutional custody services, creating digital asset succession plans, and ensuring compliance with evolving tax regulations.

Real Estate Transactions on the Blockchain

We guide clients through the unique challenges of owning and transferring real estate assets on blockchain platforms. Our legal team assists with tokenized real estate offerings, compliance with property laws, and utilizing smart contracts for real estate transactions. We also advise on jurisdictional considerations for blockchain-based land ownership and fractional property investment structures.

Securities Issues Related to Digital Assets and Cryptocurrencies

We provide counsel on the complex securities regulations that apply to digital assets and cryptocurrencies. Our attorneys help clients navigate SEC and CFTC compliance, structure tokenized securities, and manage regulatory disclosures. We also advise on investment fund formation, anti-money laundering (AML) compliance, and enforcement actions related to digital asset offerings.

Artificial Intelligence and Machine Learning

We cover a wide range of AI issues, including strategic counsel on intellectual property rights, trademark and copyright law, trade secrets, data privacy, and data protection and security.

Our attorneys help businesses navigate transitions to AI, including managing legal risk that comes along with AI adoption across various industries, and emerging regulatory requirements. We provide guidance on AI-driven terms of service, contracts, liability concerns, and ethical considerations related to automated decision-making. Our legal team also works with AI developers and investors to protect proprietary algorithms, negotiate licensing agreements, and manage potential risks associated with the use and monetization of AI-generated content. We also draft contracts and provide terms of service and privacy policies for AI-related use cases.

Why Work with an FRB Digital Asset Lawyer

FRB’s Digital Assets Practice Group offers a comprehensive suite of legal services designed to address the complex challenges faced by modern technology businesses. Our multidisciplinary team of attorneys ensures that our clients remain at the forefront of innovation, navigating the ever-changing legal and regulatory environment with confidence.

Our practice spans numerous sectors such as blockchain, cryptocurrency, NFTs, artificial intelligence, machine learning, cybersecurity, data privacy, gaming, and the metaverse. We also understand that traditional businesses may find it challenging to adapt to the rapidly evolving world of emerging technologies. We also guide these businesses through the complexities of integrating these new technologies into their existing operations. With our support, both groundbreaking and traditional businesses can confidently navigate the challenges of technological disruption and unlock the full potential of these innovative technologies.

We take pride in our ability to identify potential risks, develop innovative strategies, and offer proactive guidance on matters related to intellectual property rights, compliance, litigation, and enforcement actions. Our commitment to staying abreast of the latest developments in technology and legal practice ensures that our clients receive the most up-to-date and relevant advice possible.

Furthermore, our extensive experience in tax and estate planning for digital assets, real estate transactions on the blockchain, and securities regulations related to digital assets positions us as trusted advisors in these evolving fields.

Speak with a Trusted Digital Assets Lawyer

Whether you are an established technology company, a startup, or an individual seeking legal advice on emerging technology matters, FRB’s attorneys can provide the legal support needed to achieve your goals.

Embrace innovation. Contact our legal team today to discover how your business can capitalize on emerging technologies for a competitive edge.

FRB is able to accept payments for legal services in cryptocurrency. Please contact us to learn more. For especially sensitive matters that require end-to-end encryption, you may email us at: frblaw@protonmail.com