Cryptocurrency Regulatory Advisory

Anderson Kill provides strategic regulatory guidance and advice to digital asset financial services firms, cryptocurrency exchanges, blockchain technology companies, and traditional financial institutions engaging with crypto markets. The firm helps clients navigate the complex and evolving regulatory landscape involving the SEC, CFTC, and other federal and state regulators.

Regulatory Services

SEC & CFTC Representation

The practice represents digital asset companies in matters before the Securities and Exchange Commission and Commodity Futures Trading Commission. This includes responding to SEC investigations regarding token offerings and whether cryptocurrency tokens constitute securities subject to registration requirements, advising on initial coin offerings (ICOs) and token generation events, and guidance on securities law compliance for digital asset platforms.

Token Classification & Securities Law

Anderson Kill advises blockchain companies on whether functional tokens, utility tokens, or governance tokens constitute securities under federal and state law. The firm represented companies in SEC investigations regarding ICOs and token offerings as early as 2017, when the regulatory landscape was largely undefined.

Banking Regulatory Matters

The firm provides regulatory guidance to cryptocurrency financial services companies and traditional banks engaging with crypto clients, including matters related to regulatory enforcement actions like "Operation Chokepoint 2.0" targeting crypto banking relationships.

Investment Advisory Compliance

Guidance for digital asset investment managers, crypto hedge funds, and venture capital funds on investment adviser registration, custody requirements, and compliance obligations.

Strategic Business Counseling

Beyond regulatory compliance, Anderson Kill provides business-focused strategic advice to help crypto companies structure operations, launch products, and engage with regulators proactively. The firm's experience representing publicly traded companies in early ICOs provides unique insight into novel regulatory questions.

Representative Experience

• Represented digital asset company in SEC investigation of Ethereum-based token offering
• Provided regulatory and investment advice to large ecommerce company for ICO of cryptocurrency (one of first tokens offered by publicly traded company)
• Advised large digital asset investment manager in dispute involving FDIC regulatory actions against crypto banking
• Counseled multiple cryptocurrency platforms on securities law compliance and token classifications

The regulatory practice combines securities law expertise, understanding of blockchain technology, and practical business judgment to help clients achieve commercial objectives while managing regulatory risk in an evolving enforcement environment.