Issue link: https://digital.shearman.com/i/1479656
C A P A B I L I T I E S Companies in the digital asset and blockchain space face a range of evolving regulatory and business challenges. Our lawyers provide practical solutions to novel challenges, working with our clients as their needs change over time. From raising capital to complying with rapidly evolving regulations, we provide digital asset and blockchain companies with strategic advice for each stage of growth. Collaborating side-by-side, we know our clients' businesses. FINTECH FOUNDRY TRADING DOCUMENTATION AND CUSTODY ARRANGEMENTS INVESTMENT FUNDS REGULATION AND LICENSING Our team advises investment funds and other market participants on all aspects of digital assets and the underlying technology. We work with our clients to draft bespoke documentation and arrangements reflecting the unique characteristics of their digital assets. Our team handles everything from distributed ledgers and digital asset-based derivative transactions, to custody and brokerage arrangements and related tax and regulatory concerns. We are experienced in helping private fund managers navigate the legal issues presented by their investment in and transfer and custody of digital assets. This includes both sensitivity to the application of existing private fund regulations and regulatory frameworks to that nascent asset class, while maintaining the flexibility to weather changes to the regulatory environment. We deliver innovative solutions to increasingly complex regulatory issues and support our clients' ability to capitalize on opportunities presented by regulatory reform initiatives, including open banking, open finance, regulatory sandboxes and responses to other market developments. Our team provides strategic advice to clients in the blockchain and digital assets space on issues such as licensing, the regulatory perimeter, compliance and AML functions, as well as internal policies, customer agreements and many other matters. We also advise on the full range of regulatory and compliance issues that clients face across the digital assets sector. In the U.S., this includes the National Bank Act, the Bank Holding Company Act, the Federal Deposit Insurance Act, the Bank Merger Act, the Change in Bank Control Act, and BSA/AML requirements, among others. In the U.K., it involves the FCA, PRA, Bank of England, PSR and AML requirements. In the EU, it involves the EU single rulebook, the ESA requirements and individual member state rules. We also have expertise handling matters in financial zones in the UAE, namely DIFC and ADGM, and other attractive jurisdictions such as Israel, Estonia and elsewhere. FUNDRAISING AND CORPORATE MATTERS Our team helps companies in the digital asset and blockchain space secure the right financing and establish the right relationships. We work closely with our clients to develop innovative funding structures tailored to their business goals in order to provide them with the resources they need to operate and grow. CENTRALIZED BLOCKCHAIN INFRASTRUCTURE We regularly advise U.S. entities with respect to securities law aspects of blockchain-based businesses, including with respect to trading issues; federal and state licensing issues; custody and regulatory capital issues; approaches to regulators in connection with blockchain- based businesses; and automated trading systems and other matching engines relating to trading of blockchain- based assets. DATA PRIVACY AND IP PROTECTION Our global data privacy and IP protection team is well known for its actionable intelligence and data-driven solutions. Our team provides a practical approach for assisting clients to develop proportioned, risk-based legal strategies and solutions. We counsel clients to establish vendor management systems that control third party data processing, draft information security policies to secure consumer and business data, conduct privacy risk assessments, negotiate cross-border data transfer agreements, and advise on data governance issues with new business integration. Our team also advises clients on matters including data privacy and cybersecurity program assessments, incident response and management, post-breach internal investigations and government inquiries. Page 3