Fintech

Overview

Stradley Ronon’s multidisciplinary Fintech group possesses a sophisticated understanding of the legal, regulatory, corporate, transactional, intellectual property and litigation challenges impacting today’s financial technology ecosystem. Our experienced team is at the forefront of the industry’s most cutting-edge issues – publishing and speaking on the impact of these developments on the industry.

Comprised of former U.S. Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) staff and in- house counsel for financial services businesses, the group leverages its government and industry experience to provide a valuable bridge between clients and regulators. We communicate regularly with our Fintech clients, providing proactive risk management advice and information to make sound business decisions.

Our attorneys routinely advise and represent Fintech businesses and other entities in the following areas, among others:

  • Digital Assets (including Cryptocurrencies, Stablecoins, Non-fungible Tokens (NFTs), and Digital Asset Securities)
  • Blockchain
  • Tokenization
  • DeFi Protocols
  • Metaverse
  • Crowdfunding (retail and accredited)
  • Online Investment Platforms
  • Alternative Trading Systems (ATSs)
  • Robo-Advice
  • Artificial Intelligence
  • The Intersection of Gaming and Financial Services
  • New Financial Products

OUR SERVICES
Our team provides creative and practical advice to Fintech clients in the following cross- disciplinary areas:

Federal and State Legal and Regulatory
Experienced in novel applications of legal and regulatory topics, including:

  • Securities (33 Act, 34 Act, 40 Act, Advisers Act and State Equivalents)
  • Derivatives
  • Commodities
  • Money Services Business
  • Money Transmission
  • Virtual Currency/Bitlicense
  • Banking and Lending
  • Tax
  • Privacy
  • Cybersecurity and data protection
  • Filings, Requests for Relief and Other Interactions
    With the SEC, CFTC and Other Regulators

Corporate and Transactional
We regularly serve as legal and business advisers to Fintech companies and entrepreneurs throughout all stages of a company’s growth cycle, providing advice in areas including:

  • all securities law aspects including capital-raising transactions, SEC and stock exchange compliance, and corporate governance matters;
  • acquisitions, mergers, divestitures, joint ventures and similar transactions;
  • representing venture capital, private equity and strategic investors deploying capital in Fintech companies, both for their initial investments as well as ongoing obligations relating to the exercise of proper diligence and oversight of regulatory compliance issues for their portfolio companies; and
  • creative and flexible structuring guidance to achieve client business goals in a risk- sensitive framework.

Intellectual Property
We advise and counsel clients in the rapidly developing Fintech field, in the context of:

  • existing trademark, copyright, and rights of privacy and publicity laws;
  • minting and licensing NFTs to entertainment companies, talent, international sports leagues and visual artists; and
  • creating agreements and grants of rights.

Enforcement and Litigation
Our team of seasoned enforcement lawyers, many of whom have practiced in-house at the regulators, have experience assisting Fintech clients in:

  • all regulatory inquiries and investigations involving the SEC, CFTC or the DOJ;
  • navigating situations ranging from a simple subpoena response to the most complex regulatory investigation; and
  • appearing in federal courts across the nation handling matters at the forefront of the Fintech industry and are ready to counsel and guide clients, if necessary, through litigation and trial.
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Representative Matters

  • Registered funds (including ETFs and ETPs), private funds, investment advisers and investment platforms regarding the regulatory challenges of investing or facilitating trading in bitcoin and other digital asset investments.
  • Registered fund sponsors on tokenizing and trading fund interests as digitally enhanced or digital asset securities.
  • Crowdfunding platforms (accredited and retail) concerning structuring, regulatory challenges and innovations.
  • Secondary trading markets seeking to provide a market for digital assets or other unregistered or illiquid assets.
  • Metaverse developers on regulatorily-compliant token structuring and economics.
  • DeFi protocol developers on securities, commodities, money transmitters and virtual currency regulatory structuring and compliance.
  • Robo-advisers on navigating the investment adviser regulatory framework in the context of algorithms and online innovations.
  • Asset management firms and financial institutions developing and integrating digital assets with existing products, operational systems and assessing risk.
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