FinTech and Digital Assets

LEADERS

Overview

As new technology continues to innovate, disrupt and advance the traditional financial industry, companies are often left to navigate the challenges of the global web of regulation and policy, including how to efficiently plan for the future.  Our global FinTech and Digital Assets Practice advises traditional and emerging companies on a wide range of regulatory, policy, enforcement, transactional and litigation matters involving FinTech, payments, open banking, digital assets (including cryptocurrencies, non-fungible tokens (NFTs), stablecoins and security tokens) and blockchain technology.

Gibson Dunn’s lawyers have a current, substantive and technical understanding of the ever-evolving world of FinTech and digital assets – a competence that sets our team apart and is essential for comprehensive client counselling.  We take a multi-disciplinary approach to advising across the FinTech ecosystem, drawing experience and expertise from across practice groups and offices within Gibson Dunn to provide our clients with the full breadth of the Firm to navigate their needs across the globe in an efficient and practical manner.  Team members bring a deep substantive understanding of critical areas of law for our FinTech and digital asset clients, including:

  • Anti-Money Laundering
  • Global Financial Regulatory
  • Economic and Trade Sanctions
  • Privacy, Cybersecurity and Data Innovation
  • Securities Regulation and Corporate Governance
  • Derivatives
  • Public Policy
  • Financial Institutions
  • White Collar Defense and Investigations
  • Securities Enforcement
  • Administrative Law and Regulatory
  • Mergers and Acquisitions
  • Tax

Our team members have a wealth of extensive experience in private practice, in-house and at senior government levels, bringing knowledge from different disciplines and perspectives.  This allows us to address seamlessly all significant issues – from regulatory and policy impacts to licensing and registration to product development and implementation.  With our sophisticated substantive capabilities, we are effective client advocates before U.S., European and Asian financial regulatory agencies, as well as legislative bodies including the U.S. Congress and EU Parliament and EU Council.  Accordingly, we can guide our clients through the implementation and registration processes that cut across regulatory agencies at state, federal and cross-border levels.  As relevant laws develop globally, our team is well-equipped to advise on compliance and implementation and to advocate on our clients’ behalf.

Our practice has been recognized globally.  Gibson Dunn was recognized as a leading firm in both the U.S. and Asia by Chambers FinTech  2023, including being ranked in the area of Crypto-Asset Disputes.  We were also named Regulation Asia  Law Firm of the Year in 2022.

EXPERIENCE & RECENT REPRESENTATIONS

  • Representing multiple global cryptocurrency exchanges in connection with multi-U.S. and international agency investigations (including NYDFS) and regulatory advice implicating novel questions regarding application of regulatory requirements to crypto ecosystem.
  • Advising global cryptocurrency exchange on development of NFT marketplace and hosting services and related regulatory questions.
  • Successfully reversed Multi-State Report of Examination findings through white paper rebutting blockchain tracing methodology.
  • Representing a cryptocurrency exchange on regulatory and transactional matters relating to tax, derivatives, commodities, and sanctions.
  • Representing a financial services company in connection with developing a blockchain-based platform relating to the trading of certain financial instruments, including working to set up a de novo bank with the OCC.
  • Representing multiple cryptocurrency exchanges in criminal and federal government investigations, including Bank Secrecy Act, sanctions, CFTC and SEC issues, state money transmitter issues, and cybersecurity matters.
  • Representing a financial services company in connection with analyzing and obtaining state money transmitter licenses in connection with a digital assets business.
  • Representing a cryptocurrency exchange with regulatory and transactional matters in connection with its launch to U.S. persons. This representation included advice related to money transmitter licenses and meetings before the CFTC, SEC, and OCC staff.
  • Advising KKR in relation to a series D financing for Paddle.com, a provider of complete payments infrastructure.
  • Advising Motive Partners on the acquisition, with Clearlake Capital Group L.P., of BETA+ wealth management data and analytics assets from the London Stock Exchange Group.
  • Advising a global FinTech and payments company in relation to all aspects of its compliance with US, EU and UK sanctions relating to Russia.
  • Advising a venture capital firm in relation to its Series C investment into Railsr, an embedded finance platform providing banking, wallets, cards, credit and rewards.
  • Providing regulatory advice to an online wealth management platform in relation to robo-adviser issues.
  • Advising global media company on implementation of virtual assets payments model under state, U.S., and international regulatory frameworks.
  • Advising a multinational financial services company on regulatory matters related to digital asset custody, including in connection with obtaining a NYDFS trust company charter.
  • Advising a multinational corporation on regulatory and transactional matters relating to the acceptance of cryptocurrency as payment for goods, including advice regarding and negotiations with a third-party cryptocurrency payment processor.
  • Advising multiple global clients on federal and state money transmitter issues and registration.
  • Advising a multinational corporation on regulatory and transactional matters regarding the launch of a promotional NFT.
  • Advising a luxury brand on regulatory matters regarding the auction of exclusive NFTs.
  • Advising a financial services company on custody and regulatory matters related to NFTs.
  • Advising multiple media and technology companies on regulatory considerations and risks related to NFTs.
  • Advising a private equity investor on the acquisition of an NFT platform.
  • Advising a client on regulatory and transactional matters involving a sponsorship opportunity related to NFTs.
  • Advising a cryptocurrency exchange client on regulatory matters related to the launch of an NFT platform.
  • Advising a mobile payments company in connection with corporate matters and regulatory matters related to cryptocurrencies.
  • Representing a decentralized blockchain infrastructure provider with corporate, securities, tax, and transactional matters.
  • Representing private equity and venture fund managers in connection with investments in cryptocurrency and blockchain related busines
  • Advising a commercial bank in connection with cross-border payments matters.
  • Advising an Asian private equity firm on the purchase and exercise of digital asset rights and the sale of digital assets.
  • Advising multiple media and technology companies on regulatory considerations and risks related to NFTs.
  • Advising an index benchmark provider on regulatory analysis of digital assets in connection with the launch and maintenance of a cryptocurrency index.

RECENT PUBLICATIONS