Leading in Crypto Law

Cryptocurrency, Digital Asset, and Blockchain Law

Freeman is a leading innovator in blockchain and cryptocurrency. As these technologies evolve, they are transforming social and economic activities within a changing regulatory landscape.

Blockchain & Crypto Legal Solutions

Virtual General Counsel for Web3

We offer turnkey virtual general counsel services, advising administrators, exchanges, and miners on compliance with regulatory and licensing requirements relating to exchanges; non-fungible tokens (“NFTs”); mining ventures; DeFi (decentralized finance); asset digitization; and other innovative, disruptive models.

Digital Asset Investigations & Litigation

Our professionals are well-versed in government enforcement initiatives and investigations relating to digital assets. We regularly represent clients in litigation and fraud investigations utilizing propriety data analytics and procedures to trace defrauded, stolen digital assets through blockchain transactions.

Recognized Legal Excellence

Our attorneys have been recognized nationally and internationally, including being named to U.S. News and World Report’s Best Lawyers in America list, Super Lawyers, and recognized by Chambers & Partners as among the leading attorneys in the United States. Nearly one-third of our attorneys serve as law professors at tier-one law schools.

Virtual General Counsel for Web3

We offer turnkey virtual general counsel services, advising administrators, exchanges, and miners on compliance with regulatory and licensing requirements relating to exchanges; non-fungible tokens (“NFTs”); mining ventures; DeFi (decentralized finance); asset digitization; and other innovative, disruptive models.

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Practice Areas

The Cryptocurrency Legal Landscape

Cryptocurrencies and other digital assets have given rise to a complex, overlapping regulatory patchwork. We bring unique, multi-disciplinary experience and understanding of distributed ledger technologies, positioning our team to guide clients through the legal, regulatory, transactional, and policy issues applicable to cryptocurrency and digital assets.We assist clients with cutting-edge transactions in this rapidly evolving space, including:

  • Fund formation
  • ETF launches
  • Taxation
  • Non-fungible tokens (NFTs)
  • Acquiring and issuing tokens
  • Digitizing assets
  • DeFi (decentralized finance)/li>
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Legal Counsel For Cryptocurrency & Digital Assets

Our cryptocurrency and blockchain lawyers advise clients on issues related to:

  • Cryptocurrencies and other digital assets
  • Security and utility tokens, non-fungible tokens (NFTs), and stable coins
  • Decentralized finance (DeFi) networks, protocols and strategies
  • Smart contracts and token governance structures
  • Tokenization
  • Crypto mining
  • Initiatives and proposed regulation and legislation
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Cryptocurrency Taxation

Cryptocurrencies involve unique tax considerations. Businesses and individuals need up-to-date guidance and insight regarding the tax law and its impact on virtual currency activities at the state, federal, and international levels. Freeman Law is positioned to advise clients on the latest cryptocurrency tax strategies and thinking.

The IRS and other tax authorities are aggressively enforcing tax laws with a heightened focus on cryptocurrency. The IRS and Department of Justice have increased the use of John Doe summonses targeting cryptocurrency transactions and have engaged in publicized campaigns to identify and target unreported cryptocurrency transactions.

We regularly counsel clients through voluntary disclosures to come into compliance while mitigating exposure. We also represent clients through current and amended tax returns; prior, unfiled tax returns; and in IRS examination and criminal investigations.

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Exchange Licensing and Compliance

We represent clients through the exchange licensing and compliance process.
We assist clients with various exchange-licensing services, including:

  • General Counsel and Legal Advisory Services
  • Offshore Entity Formation
  • Initial Decentralized Exchange Offerings
  • FinCEN Compliance and Money Services Business (“MSB”) Registration
  • State Money Transmitter Licenses (MTLs)
  • Anti-Money Laundering (“AML”) and Know-Your-Customer (“KYC”) Compliance
  • No-Action Letters for Crypto ATMs, Brokers, OTCs and Crypto Exchanges
  • Office of Foreign Assets Control (“OFAC”) Compliance
  • Regulatory Investigations and Defense
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There is no central regulator of the technology; instead, a regulatory patchwork has emerged at both the state and federal level, and regulators do not necessarily classify the technology consistently. For example, for tax purposes, the IRS currently treats convertible virtual currency as property rather than currency. Thus, taxpayers are taxed on the receipt of such cryptocurrency and recognize a gain or loss on its sale.
Virtual currency is a digital representation of value that is not issued or guaranteed by a central bank or public authority and is not necessarily tied to a legally established currency. It is accepted by natural or legal persons as a means of payment and can be transferred, stored, or traded electronically.
A blockchain is a decentralized, distributed ledger technology that records transactions in a secure, immutable way. It is made up of blocks of data that are cryptographically linked and time-stamped, forming a chain. Each participant on the blockchain network holds a copy, ensuring transparency and resistance to tampering.
In the U.S., the IRS treats virtual currency as property, not currency. This means that general tax principles applicable to property transactions apply to transactions using virtual currency. Taxpayers may be required to report capital gains or losses when selling or exchanging virtual currency, and income received in cryptocurrency must be reported at its fair market value in U.S. dollars at the time of receipt.
A digital signature is a cryptographic method used to verify the authenticity and integrity of a message, software, or digital document. It is the digital equivalent of a handwritten signature or stamped seal, but it offers far more inherent security. Digital signatures use a public key infrastructure (PKI) and are widely used in blockchain and secure communications.

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