Digital Asset Securities & Regulatory Analysis

FBT Gibbons provides expert legal analysis and strategic counsel on the regulatory classification of digital assets, token securities compliance, and federal and state securities law requirements for blockchain projects.

Securities Analysis Capabilities

The firm offers comprehensive regulatory analysis covering:

• Securities classification analysis - Determining whether tokens qualify as securities under the Howey Test and federal securities laws
• Legal opinion letters - Formal opinions on token regulatory status for exchanges, investors, and project teams
• Regulatory risk assessments - Evaluating compliance risks for token launches and digital asset offerings
• Federal and state securities laws - Blue sky compliance analysis for digital asset issuances across multiple jurisdictions
• Utility vs. security token analysis - Strategic structuring guidance to optimize regulatory treatment
• Multi-jurisdictional assessments - Regulatory analysis for international token offerings

Regulatory Expertise

The firm's attorneys have consistently been at the forefront of digital asset regulation, representing some of the best-known names in the blockchain and cryptocurrency industry. Where necessary, the firm communicates with state and federal regulators, including the SEC and CFTC, to seek clarity on regulatory interpretations.

Recent Matters

Recent work includes regulatory analysis for stablecoin issuance under the GENIUS Act, prediction markets compliance, DeFi protocol classifications, and NFT offering assessments.

Integrated Enforcement Defense

This service is delivered in conjunction with the firm's regulatory enforcement defense practice, ensuring clients receive both proactive compliance guidance and aggressive defense representation if regulatory issues arise.