Businesses across the board are turning to enterprise blockchains, automated contract systems / smart contracts, and other distributed ledger technologies to transform the way we store, share and account for information. Enterprise blockchain applications and smart contracts can introduce automation and new functionality to optimize business processes and enable new products, services, and market layers.
Our national Blockchain Group is a collaborative effort across multiple legal disciplines to provide counsel on blockchains, automated contract systems and related matters. Our team assists clients in analyzing use cases and structuring business models to implement enterprise blockchains at the unit, division, and corporate levels. We assist clients in creating the automated contract systems that run on such blockchains and optimize asset management, sales, procurement, operations, business intelligence, and other functions.
Our Blockchain Team consists of attorneys with backgrounds in commercial transactions, business operations, technology application, information governance, commercial market design, corporate transactions, intellectual property, data privacy and security as well as commodity, security, and broker-dealer regulations and market design, entity and fund formation and financing, financial services, commercial and securities litigation, and government and regulatory affairs.
Our blogs DBR on Data and Securities Law Perspectives often cover blockchain and related issues. Further, partners leading the Drinker Blockchain team often speak, write, and lecture on Blockchain topics.
See below for representative examples of our Blockchain Team’s work. We regularly:
- Counsel clients on assessing the fit, readiness, and value proposition for applying blockchain technology, including enterprise blockchains.This includes advising on the different forms of enterprise blockchains and permissioned, semi-distributed ledgers, and their nesting within an organizational and process structure.
- Advise on the structure and implementation of smart contracts and automated contract systems.
- Counsel holding company clients on enterprise blockchain technology for creating synergies among divisions and with suppliers and customers. Often there are opportunities creating inter-group information flows and processes that optimize affiliated asset portfolios.
- Advise clients through transactive and peer-to-peer network design and contracting, including Fortune 50 Innovation Award winners and leaders in developing enterprise blockchains and automated contract systems for dynamic settlement, recordation, and tracking of provenance.
- Advise leading natural resource and forestry companies on implementation of enterprise blockchain technology for asset management and tracking.
- Advise leading environmental market project developers on dynamic settlement systems for environmental instruments that match environmental claims with the provision of goods and services.
- Advise the developer of an open-source software platform on the use of blockchain tokens in connection with the payment of development credits, usage fees and other payments, including preparing a no-action request to the SEC.
- Represent The Crypto Company as it became one of the first fully SEC-reporting and publicly traded companies in the blockchain-cryptocurrency space.
- Counsel a regulated cryptocurrency derivatives exchange on bank, CFTC, SEC and state laws regarding registration, clearing, settlement and lending practices related to trading activity on the exchange.
- Advise broker-dealers on various issues related to their trading activities in cryptocurrencies.
- Counsel a registered fund client in the relatively uncertain regulatory environment surrounding crypto-assets.
- Counsel a variety of clients in the ICO space in their Simple Agreement for Future Tokens (SAFT) sales.
- Prepared the registration statement for a bitcoin ETF.
- Advise an international software and technology company on U.S. export control laws pertaining to electronic payment platforms that utilize blockchain and other encryption-based technology.
- Counsel a global online payments platform on complex technology export control and sanctions laws applicable to e-payment services.