Morrison Cohen LLP | Digital Assets

A leader in crypto-asset, fintech, blockchain and cryptocurrency disputes.

Morrison Cohen was an early arrival in the digital assets world, representing the defendants in the first case brought by the SEC’s then-newly formed Cyber Unit in 2017. Since then, our dedicated Digital Assets team has represented some of the largest and most significant cryptocurrency companies and DeFi projects in public litigation, non-public regulatory enforcement actions, regulatory advisory work, legally compliant token offerings, digital asset fund formation, corporate structuring and more. We maintain the industry’s definitive Cryptocurrency Litigation Tracker, a publicly available, comprehensive resource that follows regulatory actions and pronouncements, private litigation and other events of interest in the cryptocurrency space.

With our exceptional depth of experience and comprehensive understanding of cryptocurrency, blockchain and other digital assets, we handle the complex, often first-in-kind matters that the digital assets industry faces. Our team skillfully guides our clients – software developers, DeFi companies, trading companies, exchanges, DAOs, cryptocurrency and token issuers, stablecoin issuers, DAO grants programs, investment managers, liquid hedge funds and individual investors – through the evolving and complicated landscape of the trillion-dollar crypto sector.

Bankruptcy, Restructuring & Governance: Our lawyers have been fully integrated into the Digital Assets Practice to represent major participants in virtually all of the major crypto bankruptcy cases.

Business Litigation: Clients engage our representation in cases involving alleged statutory violations, cryptocurrency conveyance and ownership, valuation, contracts, fraud allegations, employment and other complex commercial disputes. We have also litigated multiple cases involving novel legal issues or issues of first impression. We have repeated and proven experience in federal court, state court and arbitration venues across the U.S., where we explain our clients’ sophisticated businesses in ways that judges, arbitrators and regulators appreciate and understand.

Corporate: We provide comprehensive counsel in connection with the formation and structuring of cryptocurrency or DeFi-related companies and other platforms such as NFT marketplaces, including advising on the particular issues involved with DAOs. Clients also call upon us to assist with early-stage capital raising and equity and debt financing, including token offerings that comply with the securities laws. We also regularly conduct regulatory diligence on the cryptocurrency and blockchain aspects of investments and M&A transactions, including in conjunction with other firms who call upon us for our detailed knowledge in this area.

Executive Compensation and Employee Benefits: Our Executive Compensation and Employee Benefits lawyers negotiate, draft and implement our clients’ employment arrangements and incentive compensation plans, including advising on tokens as part of compensation.

Investment Funds & Advisers: We have deep experience in the formation and structuring of funds that will invest in the digital asset space, and other investment vehicles that touch the industry. Our combination of traditional fund formation (hedge funds and private equity) and the latest cryptocurrency knowledge enables us to advise our clients not only on the capital-raising side, but also on the deployment of assets in the digital asset space, making us a great choice for digital assets-related funds.

Technology, Data & IP: Our experienced IP and technology lawyers are equipped to handle all transactional aspects of digital assets, including the issuance, purchase and sale of NFTs. Clients value our meticulous focus on clearly defining the rights conveyed with each NFT and drafting terms of sale and other required transactional documentation. Our group is well positioned to identify and address NFT matters that go beyond IP issues and into securities laws, and advise accordingly. Our data privacy and data protection team helps clients understand the ever-evolving data landscape in the digital asset world with a deft hand and careful attention to regulatory requirements. Our deep understanding of the underlying technology behind digital assets is crucial to making sense of the complex and sometimes conflicting laws that have not yet caught up with commercial developments in this space.

White Collar & Regulatory Enforcement: We provide cutting-edge defense for major digital assets and crypto companies in investigations and enforcement actions conducted by regulators, including the SEC, CFTC, Department of Justice, New York State Office of the Attorney General, FINRA and multiple other state attorneys general and securities regulators. In addition, domestic and foreign projects rely on our counsel on blockchain and cryptocurrency law relating to litigation, regulatory risk and compliance of securities, commodities, money transmission and other issues.