How We Can Help You
Our dedicated professionals in the Blockchain and Digital Asset Practice Group are prepared to assist clients with a variety of opportunities and challenges associated with navigating decentralized technology and digital assets. We provide innovative strategies that support maximizing returns while mitigating the challenges of this dynamic industry. Driven by the needs of our clients, Buchanan has assembled a team of attorneys and government relations professionals that leverage experience from throughout our full-service firm. We are focused on helping clients seize opportunities, reduce risk, and protect their past, current, and future efforts and assets in an ever-changing industry.
Areas of Focus
Regulatory Advisory and US Securities Law
Our Blockchain and Digital Assets Group is uniquely positioned to navigate the evolving regulatory landscape shaped by recent developments in US securities law. Our capabilities in this area are enhanced by a comprehensive understanding of the jurisdictional nuances between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), as well as digital asset adjacent government agencies such as the Department of Justice (DOJ) and the Financial Crimes Enforcement Network (FinCEN).
- Regulatory Jurisdictions: The SEC retains authority over exchanges trading digital assets classified as securities, while the CFTC maintains authority over spot markets involving non-security digital assets. Our team is adept at interpreting these regulatory boundaries to provide strategic guidance for our clients.
- Tailored Strategies: Our Securities Law team specializes in developing tailored strategies to address the complexities of overlapping regulatory requirements in the United States. We provide comprehensive legal support to businesses to help navigate the uncertain regulatory landscape for digital asset securities and commodities, including cryptocurrencies and related spot and derivatives exchanges and trading platforms, NFTs, stablecoins, and organizations engaging in the tokenization of physical assets.
Buchanan actively tracks and monitors the latest regulatory developments in this space, including the recent CLARITY, GENIUS, RFIA and US White Paper Reports from the Trump administration. We are equipped to help businesses leverage existing regulatory frameworks while preparing our clients for the upcoming impact of new legislation that may impact their operations and compliance.
- GENIUS Act: With the introduction of the GENIUS Act focusing on stablecoins, our team is prepared to advise clients on the implications of this legislation. We analyze how the act may drive the issuance, regulation, and compliance of stablecoin projects, ensuring that our clients are aware of their obligations and opportunities.
- CLARITY Act of 2025: Our compliance experts actively track the CLARITY Act of 2025, which aims to establish clear jurisdictional boundaries for digital assets and protect self-custody rights. We guide clients through the potential impacts of this legislation, helping them align their operations with the new regulatory framework while minimizing compliance risks.
- Addressing RFIA Potential Issues: As the Responsible Financial Innovation Act (RFIA) is considered, we are vigilant in identifying potential issues that may arise from its implementation. Our team is committed to analyzing how this act could affect the regulatory environment for digital assets, particularly concerning compliance obligations and risk management strategies.
Compliance and Corporate Governance
New initiatives regarding blockchain and digital assets, while challenging, provide unique opportunities to companies of every size. Understanding and reducing risk is the most important first step any entity can take, and we collaborate globally with financial institutions, DeFi protocols, DAOs, digital asset and blockchain businesses to proactively identify and mitigate potential federal statutory and regulatory violations. We support clients with a customized team that will assist in the design and implementation of comprehensive compliance programs to prevent, detect, and rectify corporate misconduct.
Examples include:
- Designed, implemented, and monitored compliance programs for international companies and organizations related to sanctions implemented and enforced by the Department of Treasury, Office of Foreign Assets Control (OFAC) and the Foreign Corrupt Practices Act (FCPA).
- Conducted numerous internal investigations related to potential violations of international sanctions and compliance regimes, including the FCPA, the U.K. Bribery Act, and Bank Secrecy Act.
- Developed policies and procedures for financial institutions related to Anti-Money Laundering (AML) and Know-Your-Customer (KYC) statutes and regulations.
- Represented multinational companies and organizations before various federal and state agencies and regulators, including the Department of Justice, the Securities and Exchange Commission, OFAC, and the Federal Trade Commission.
Tax
Our tax lawyers assist clients with deciphering the myriad of federal and state tax rules as they apply to an underlying transaction; for example, understanding the treatment of capital gains or losses, as well as a host of tax issues relating to digital wallets mining, DeFi protocols and other matters. At the moment, most digital assets are considered property, which means nearly every digital asset transaction has tax implications. While the IRS has provided basic guidelines as to how taxpayers should treat digital asset transactions for U.S. federal tax purposes, much is still open for interpretation, including matters pertaining to domestic and international information reporting. Buchanan’s tax professionals are well-poised to provide advice during times of volatility and nascent technology developments.
Examples include:
- Assistance before the IRS in case of audits, tax litigation, and regulatory compliance.
- Assistance with the classification and treatment of digital assets to determine federal and state tax consequences.
- Analysis of required reporting of capital gains from the sale or transfer of digital assets (including the use of digital assets for goods and services).
- Assistance with information reporting, domestic and international.
- Treatment of NFTs and DAOs for U.S. tax laws.
- Treatment of DeFi transactions and related reporting under U.S. and international tax laws.
Strategic Consultation, Advisory, and Related Services
Buchanan prides itself on supporting the goals of our clients across various disciplines. As strategic advisors to our clients, we provide access to value-added relationships to help clients navigate their specific situations. Among our varied services, Buchanan is prepared to assist blockchain and digital assets companies with their concerns in:
- Intellectual Property: We address IP challenges related to blockchain technology, including drafting clean room agreements, preparing and prosecuting U.S. patent applications for blockchain applications in voting and payment systems, and managing global IP portfolios for leading financial services companies.
- Litigation: We are adept at responding to subpoenas and Wells notices from federal regulators, managing cyber fraud litigation related to hacking incidents, and representing clients in statutory and regulatory compliance disputes. Additionally, we handle conflicts between company founders and issues surrounding intellectual property rights.
- Labor & Employment: We provide legal support on issues related to blockchain and digital assets, including advising on employee classification, compliance with labor regulations, and workplace policies specific to digital asset companies. We handle disputes related to employment contracts, discrimination claims, and workplace safety, ensuring that our clients navigate the complexities of labor law effectively and remain compliant with applicable regulations.
- Bankruptcy and Restructuring: Buchanan is a leader in bankruptcy, insolvency, and creditors’ rights, making us well-suited for the dynamic digital assets landscape. Our expertise includes handling reorganizations under Chapter 11, debt restructuring while protecting creditor rights, managing federal and state receiverships, and representing investors or sellers in acquiring or selling distressed companies and assets. We also address unique bankruptcy considerations for decentralized entities and navigate the novel rights afforded by smart contracts.
- White Collar Defense & Government Enforcement: We leverage our team's extensive experience—including former prosecutors and law enforcement professionals—to assist blockchain and digital assets companies facing federal and state investigations, enforcement actions, and compliance challenges. Our services include managing internal investigations, responding to subpoenas and civil investigative demands, designing compliance programs to prevent misconduct, and guiding clients through voluntary disclosures and settlement negotiations with agencies such as the SEC, CFTC, IRS, DOJ, and Department of Treasury.
Government Relations
Buchanan works closely with regulators through our highly rated Government Relations practice to gain key insight as to what is taking place on Capitol Hill. Because of our experience and relationships, we can assist our clients in crafting custom strategies for engagement, anticipating novel issues when they arise, and shaping the policy agenda.
As cyberattacks threaten companies of the private, public, and non-profit sectors, Congressional members, as well as members of President Biden’s Administration, are working to expand the role of the federal government to enact regulation, set compliance policies, and enforce penalties relating to advancements pertaining to blockchain technology and digital assets.
As the landscape rapidly changes, it is vital that organizations can have their voice heard, track policy changes, and understand the rising and developing impact on their business of these changes. Our Federal Government Relations Group provides clients these insights through our years of collaborating with lawmakers on Capitol Hill including a standing role on the Cyber Leadership Council of the U.S. Chamber of Commerce.
Additionally, Buchanan attorneys have a deep understanding of helping companies who are losing market share and decreased profits due to unfairly priced imports. Through experience related to foreign policy and national security matters such as U.S. economic sanctions, our Sanctions professionals provide comprehensive guidance and corporate compliance programs to clients that provide services that may be regulated due to national security reasons.
Buchanan’s specialized state-level teams (such as in Florida) can also help entities navigate increasingly inconsistent state-level blockchain regulations.