FinTech Virtual Currency and Blockchain

Virtual currency and blockchain technology continue their rapid advance into the daily lives of our clients. Investors, entrepreneurs, and innovators envision a multitude of industries through which this new technology could spread, while regulators try to keep pace.

Haynes and Boone’s multidisciplinary team of lawyers represents clients in addressing a variety of legal issues within this growing area of commerce. Such issues include intellectual property matters relating to the ownership and protection of virtual currency and blockchain innovations, compliance with statutes and regulations to protect consumers, structures to fund investments, rules for trading virtual coins and tokens, and the application of blockchain’s distributed ledger technology to healthcare, property records, cap tables and other areas. Our securities regulatory lawyers and commercial litigators have experience dealing with applicable laws and regulations in this area and the resolution of related disputes.

To address this changing landscape, Haynes and Boone created an active FinTech, Virtual Currency and Blockchain Practice Group that possesses experience in a broad range of specialties, including finance, derivatives, prime brokerage, funds, intellectual property, securities, energy, commodities regulation and litigation. To help our clients utilize this technology, Haynes and Boone lawyers are available to:

  • Assist with intellectual property issues involving virtual currency and blockchain technology
  • Advise on physical and synthetic cryptocurrency financing, trading and market-making arrangements linked to cryptocurrencies, stablecoins and indices / baskets
  • Assist with development of interest-bearing cryptocurrency deposit accounts
  • Represent lenders and borrowers in financings with virtual currencies as collateral
  • Advise lenders regarding the financing of companies that deploy blockchain technology
  • Counsel investors, including structuring funds to invest in virtual currency assets
  • Counsel clients on existing, new and proposed CFTC, SEC, banking and FINCEN regulatory issues applicable to cryptocurrency and blockchain transactions
  • Assist companies to develop smart contracts and other advancements that use blockchain’s distributed ledger technology

Haynes and Boone’s FinTech, Virtual Currency and Blockchain Practice Group keeps abreast of the latest developments and works collaboratively to help clients anticipate emerging issues and proven strategies.

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Financial Promotion of Crypto Assets Update
July 10, 2023

Currently, the UK’s restriction on the marketing of financial services and products (the “financial promotion restriction”) would not apply to a number of digital assets. Certain types of cryptoasset (to use the UK regulators’ terminology) may be caught by the existing financial promotion restriction. However, the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023 [...]