Blockchain and Digital Assets

Overview 

Digital assets are prevalent, appearing in financial portfolios, sports and entertainment experiences, they represent real world assets through tokenisation, are a means to trade (cryptocurrencies, stable coins and tokens), are proprietary valuables in video games, and help the art and fashion industries interact. The asset class is front and centre, malleable and continuously reapplied to the wider world.

Similarly real uses cases of blockchain technology, including for logistics, provenance of goods, from design to distributed ledger technology ensure digital assets have a healthy and evolving functionality.

The use of this asset class and technology continues to develop, both in commerce and at law and requires expert knowledge of the sector and experience of inherent issues that can arise.

Who we are and what we do

We advise blockchain natives, developers, service providers and intellectual property rich business looking to navigate their respective commercial, corporate and regulatory landscapes.

We can also help more traditional businesses, including financial firms and banks with their transition into this sector, from the ground up.

Where things go wrong, we are strategically placed to rely on intellectual property and technology specialist litigators to achieve necessary and commercial results.

Our multidisciplinary team includes market leading experts who have helped shape the sector and its corresponding legal frameworks. Our full-service practice offers client-centric, urgent and specialist advice across the breadth of the blockchain and digital assets sector.

Our services include:

Dispute Resolution 

We assist clients in resolving disputes in cryptoassets in two main ways:

1. Asset Recovery

Our experienced team recovers cryptocurrencies and digital assets following a hack, scam, payment of a ransom or any kind of misappropriation, including where the threat actor is unknown, decentralised, in various or far-reaching jurisdictions and against household names where funds have been locked or access denied by platform providers. Utilising key relationships with both specialised investigators to track funds and identify the current custodians of assets, and contacts of key industry players, our aim is to recover funds without delay, and as cost effectively as possible. Where necessary, we obtain specialised injunctions on urgent bases, working with institutions and cryptocurrency exchanges to ensure smooth routes to recovery. 

The team includes specialist lawyers which have recovered significant funds over the years, obtained Court Order orders against known hacking groups, and sit at the forefront of developing the law in this industry. Whilst many judgments remain in private to secure the safety of victims, our lawyers have led and advised on open judgments, most notably AA v Persons Unknown & Ors, Re Bitcoin [2019] EWHC 3556 (Comm) (13 December 2019).

2. Complex, Multi-jurisdictional Disputes

We also lead and provide strategic advice on disputes which include blockchain technology like commercial litigation and intellectual property where knowledge of blockchain is a central issue, matrimonial disputes where value is suspected to be held in digital assets, insolvencies where cryptocurrencies are at play, with insurance providers to assist with recovery or pursuing illegitimate custodians, to advising cryptocurrency exchanges on contentious matters.

This expertise is reliant on a working knowledge of our clients’ business and personal relationships with key sector stakeholders.

Regulatory and Compliance

In the context of regulatory developments globally, including the UK Financial Conduct Authority (FCA), the US Securities and Exchange Commission (SEC), the US Commodity Futures Trading Commission (CFTC) and the Markets in Crypto-Assets Act (MiCA), we advise on regulatory compliance, business-related services, and the practical integration and use of cryptoassets.

From token classifications and Initial Coin Offerings (ICOs) to advising on and guiding through regulatory requirements and ensuring compliance, our sectoral understanding means that we can deliver clear advice and offer forward-thinking solutions to crypto-centric businesses including crypto exchanges, decentralized autonomous organizations (DAOs), custodians, tokenisation platforms, and payment processors.

Commercial and Corporate

We are strategically placed to advise entrepreneurs to large brands grow their business, develop innovation and navigate investment and corporate strategies, both intellectual property and technology-centred businesses through to those looking to enter the market.

Real Estate

We facilitate real estate transactions where digital assets, including cryptocurrencies are the consideration. Conducting necessary risk and compliance checks, including provenance of tokens, we are able to provide comfort to both buyers and sellers alike.