Token projects. Launching a token or alternative cryptocurrency? Get the legal analysis exchanges ask for before listing.
Learn more ›Cryptocurrency and Blockchain Lawyers
The intersection of internet, law, and finance. Counsel for crypto, NFT, DeFi, and blockchain businesses in Colorado and beyond.
Are you starting a business built on Bitcoin, Ethereum, Cardano, USDC, Litecoin, or another digital token, in Colorado or elsewhere? Bitcoin and many other cryptocurrencies are already subject to a myriad of tax laws, securities regulations, and Financial Crimes Enforcement Network (FinCEN) rules.
The rules that shape crypto businesses.
Howey test
Security or utility token?
Token classification. Exchanges usually require an attorney’s memorandum or opinion on the legal nature of a token before it can be listed. Learn more ›
MSB
Money services business registration.
Federal registration. Doing business in all 50 states can require registering as a money services business with FinCEN. Learn more ›
BSA
Bank Secrecy Act compliance.
Stringent requirements. Securities laws, MSB registration, and the Bank Secrecy Act all come into play for many crypto businesses. Learn more ›
Who we counsel.Through the boom times and the down times.
Exchanges. Platforms that list, trade, and custody digital assets face layered federal and state regulation.
Learn more ›Wallet providers. Building a digital currency wallet app without running into problems with customers or the federal government.
Learn more ›NFT creators and marketplaces. Protecting, promoting, and licensing NFT projects and the marketplaces that host them.
NFT protection ›Smart contracts and bots. Using smart contracts in your business without getting burned as an investor.
Learn more ›DeFi businesses. Decentralized finance has created a whole new set of business models around digital tokens.
Learn more ›Miners. Digital mining operations need counsel on the regulations and ambiguities that affect them.
Learn more ›Investors. Understand the rules around offerings and accredited investor status before you buy in.
Learn more ›Proactive crypto counsel.From launch to compliance.
Utility versus security tokens and the Howey test.
Know what you are launching.
If you are planning a token project, exchanges usually require, as a matter of due diligence, a memorandum or opinion from an attorney reviewing the legal nature of the token before it can be listed. That requires a substantial analysis of the token itself and the economics of how it will operate.
The Howey test comes from the U.S. Supreme Court case defining an “investment contract” under federal law, and it includes a number of variables that complicate the analysis. Our cryptocurrency law team is familiar with U.S. securities laws related to digital token launches and what may or may not constitute a security versus a utility token. Contact our team to have your token reviewed under the Howey test and help your project list where you intend.
Regulatory compliance.
Federal and state rules, navigated ahead of time.
Many cryptocurrency and blockchain businesses have founders and executives with substantial programming experience, but most lack the legal knowledge to comply with the stringent federal requirements for doing business in all 50 states, including federal securities law compliance, registration as a money services business (MSB), and compliance with the Bank Secrecy Act (BSA).
In this highly regulated environment, it pays to secure knowledgeable counsel who can help you navigate federal and state regulations ahead of time and work through legal uncertainty.
Think ahead.
Choose your attorney before the deadline does.
With experienced counsel in the cryptocurrency and blockchain space, your business can address possible issues proactively and save time and money down the road. Our attorneys can anticipate issues we have already encountered and help you develop a plan or weigh your options on a sensitive legal question.
It is always better to choose your attorney ahead of time than to wait until you are behind on filing deadlines and requirements.
A team that keeps up.
Crypto law, plus everything around it.
Laws related to cryptocurrencies and blockchain are always changing, and many lawyers choose not to keep up with them because they don’t fit neatly into traditional areas of law. That makes it valuable for cryptocurrency, NFT, and blockchain businesses to consult attorneys who know the field and the many facets of these businesses.
Our cryptocurrency attorneys provide both local regulatory support and the broad corporate guidance crypto businesses need to succeed, along with experience in related areas such as business formation, employment law, intellectual property, and creative content and software acquisitions and transactions.
Building on the blockchain?
Talk with our experienced Denver-area cryptocurrency attorney team about your token, platform, or digital asset business.
Schedule a consultationCryptocurrency and Blockchain FAQ
How do I invest in cryptocurrency?
We do not provide investment advice, but you do have a lot of options.
Do I need to pay taxes on my cryptocurrency profits?
We do not provide accounting or tax advice. If you are a U.S. taxpayer, you should generally report your income, including cryptocurrency profits.
What is blockchain technology?
A blockchain is a network of interconnected computers running software that stores records of transactions in a permanent digital form. It is a digital ledger stored across multiple nodes, and unlike a single paper ledger, it makes altering records difficult or impossible.
Am I an accredited investor?
That is a very fact-specific question. For individuals, an accredited investor includes anyone who:
- Earned income over $200,000 (or $300,000 together with a spouse or spousal equivalent) in each of the prior two years, and reasonably expects the same this year; or
- Has a net worth over $1 million, alone or with a spouse or spousal equivalent, excluding the value of their primary residence; or
- Holds a Series 7, 65, or 82 license in good standing.
The General Securities Representative, Private Securities Offering Representative, and Licensed Investment Adviser Representative licenses are professional designations that require passing the related exam. Whether a holder is in good standing depends on the designation, so license holders should consult FINRA rules and any applicable state rules.
Other categories may also apply, including a trust with total assets over $5 million that was not formed specifically to buy the securities and whose purchase is directed by a sophisticated person; certain entities with investments over $5 million not formed specifically to buy the securities; and any entity whose equity owners are all accredited investors.
Source: U.S. Securities and Exchange Commission, Investor.gov
What is an NFT?
NFT is short for non-fungible token. An NFT is usually a digital asset, such as art or a collectible, that can be traded or exchanged.
Someone is offering to sell me a cryptocurrency. Is it legitimate?
Are there registration documents? Is the token offered on a major exchange such as Coinbase, or on a decentralized platform like SushiSwap or PancakeSwap? Decentralized tokens on certain marketplaces carry much more risk than tokens on major exchanges. Every purchase carries risk, though, so be prepared to lose the entire value of a digital asset like cryptocurrency before you invest.