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Distributed Ledger Products, Services and Technology

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Overview

Our Clients

Katten's multidisciplinary team of regulatory, commodities, securities, corporate, tax, real estate, litigation and intellectual property lawyers represent a broad range of market participants in their efforts to develop and maintain businesses involving distributed ledger products, services and technology. Our clients include financial institutions; major institutional investment companies; hedge, venture capital and private equity funds; alternative investment companies; proprietary trading firms; broker-dealers; exchanges; clearing organizations; swap execution facilities (SEFs); technology companies; incubators; digital currency and token issuers; and other buy-side and sell-side entities.

Our Services

Our Distributed Ledger Products, Services and Technology team provides 360-degree counsel to companies looking to position themselves at the forefront of this fast-paced industry. We have the first-hand knowledge and experience needed to assist clients looking to invest in or trade Bitcoin, Ether and other virtual currencies. We help companies with creative strategies for achieving their business goals, while endeavoring to minimize their risks in a rapidly evolving legal environment.

Our attorneys represented the first federally approved exchange and clearinghouse for digital currency derivatives potentially settling in a virtual currency, navigating the Commodity Futures Trading Commission's (CFTC) registration process to become a licensed SEF and derivatives clearing organization (DCO).

With our deep knowledge of structured products, derivatives, securities and futures laws, Katten is well-positioned to counsel clients on the formation, structuring, negotiating and documenting cryptocurrency-related products, including initial coin offerings (ICOs), tokenized securities for incubators and public companies, crypto hedge funds, private equity funds, insurance dedicated funds and investment trusts.

Katten's Distributed Ledger Products, Services and Technology team includes highly experienced regulatory attorneys and deal specialists to help clients stay ahead of compliance issues as laws and regulations evolve. Several of our attorneys previously held senior positions with regulatory agencies, including the Securities and Exchange Commission (SEC), the CFTC and the Department of Justice (DOJ), allowing us not only to advise clients on compliance, but also respond quickly should they inadvertently run afoul of regulations.

We have particular insight into regulations concerning tax, securities law and Regulation D exemptions, commodities, Uniform Commercial Code (UCC) issues and on the CFTC's interpretation of "actual delivery" for digital currency as part of retail commodity transactions provisions of the Commodity Exchange Act. We are well-versed in state level regulations, including The Uniform Regulation of Virtual-Currency Businesses Act, the New York BitLicense Regulatory Framework and Delaware's General Corporation Law. Additionally, we provide regulatory training and counsel companies on domestic and cross-border regulations, anti-money laundering and sanctions compliance, and data protection and cybersecurity.

As the digital currency space continues to grow and evolve, Katten's litigators are at the ready to provide support for enforcement actions and litigation. We frequently represent clients in SEC, CFTC, Financial Crimes Enforcement Network (FinCEN) and DOJ investigations and enforcement actions, as well as civil litigation involving complex financial products, futures and securities class action defense.

Newsletters
July 31, 2017
May 9, 2016
December 7, 2015
September 21, 2015
May 11, 2015
December 22, 2014
October 13, 2014
Events
May 22, 2018
May 17, 2018
May 15, 2018
May 2–4, 2018
March 15, 2018
December 14, 2017
Cybersecurity in the Restaurant and Food Service Industry | Client Presentation | Tampa, Florida
November 28, 2017
Consensus: Invest 2017 | New York, New York
Distributed Ledger Products, Services and Technology

Recognition

U.S. News Best Lawyers "Best Law Firms" – Securities Regulation (Chicago)
Securities Regulation (Chicago), 2017–2018
U.S. News Best Lawyers "Best Law Firms" – Financial Services Regulation Law (National)
Financial Services Regulation Law (National), 2012
U.S. News Best Lawyers "Best Law Firms" – Private Funds/Hedge Funds Law (Chicago)
Private Funds/Hedge Funds Law (Chicago), 2011–2018
U.S. News Best Lawyers "Best Law Firms" – Private Funds/Hedge Funds Law (National)
Private Funds/Hedge Funds Law (National), 2012–2018
Chambers Global – Investment Funds: Hedge Funds
Investment Funds: Hedge Funds, 2014

HFM US Hedge Fund Services Awards

Best Onshore Law Firm for Hedge Fund Start-Ups, 2014

HFM European Hedge Fund Services Award

Best Onshore Law Firm - Client Service, 2015

Acquisition International – Hedge Fund Legal Practice of the Year – USA

2013
Chambers USA – Investment Funds: Hedge Funds (Nationwide)
Investment Funds: Hedge Funds (Nationwide), 2016–2018
Chambers Global – Capital Markets: Derivatives (USA)
Capital Markets: Derivatives (USA), 2015–2018
Legal 500 UK – Finance – Derivatives and Structured Products
Finance – Derivatives and Structured Products, 2016–2017
Legal 500 UK – Corporate and Commercial – Financial Services (Non–Contentious/Regulatory)
Corporate and Commercial – Financial Services (Non–Contentious/Regulatory) 2013–2017
U.S. News Best Lawyers "Best Law Firms" – Securities Regulation (National)
Securities Regulation (National), 2017–2018

BTI Litigation Outlook 2018

Securities and Finance Litigation Honor Roll
Chambers USA – Capital Markets: Derivatives (Nationwide)
Capital Markets: Derivatives (Nationwide), 2008, 2014–2018
Legal 500 UK - Corporate and Commercial – Investment Funds – Hedge Funds
Corporate and Commercial – Investment Funds – Hedge Funds, 2014–2015
Legal 500 UK - Corporate and Commercial – Investment Funds – Private Funds
Corporate and Commercial – Investment Funds – Private Funds, 2014–2015
Legal 500 US – Alternative/Hedge Funds
Alternative/Hedge Funds, 2013–2017
Legal 500 US – Financial Services: Litigation
Financial Services: Litigation, 2016–2017
U.S. News Best Lawyers "Best Law Firms" – Derivatives and Futures Law (Chicago)
Derivatives and Futures Law (Chicago), 2011–2018
U.S. News Best Lawyers "Best Law Firms" – Derivatives and Futures Law (National)
Derivatives and Futures Law (National), 2012–2018
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Recognition

Securities Regulation (Chicago), 2017–2018
Financial Services Regulation Law (National), 2012
Private Funds/Hedge Funds Law (Chicago), 2011–2018
Private Funds/Hedge Funds Law (National), 2012–2018
Investment Funds: Hedge Funds, 2014

HFM US Hedge Fund Services Awards

Best Onshore Law Firm for Hedge Fund Start-Ups, 2014

HFM European Hedge Fund Services Award

Best Onshore Law Firm - Client Service, 2015

Acquisition International – Hedge Fund Legal Practice of the Year – USA

2013
Investment Funds: Hedge Funds (Nationwide), 2016–2018
Capital Markets: Derivatives (USA), 2015–2018
Finance – Derivatives and Structured Products, 2016–2017
Corporate and Commercial – Financial Services (Non–Contentious/Regulatory) 2013–2017
Securities Regulation (National), 2017–2018

BTI Litigation Outlook 2018

Securities and Finance Litigation Honor Roll
Capital Markets: Derivatives (Nationwide), 2008, 2014–2018
Corporate and Commercial – Investment Funds – Hedge Funds, 2014–2015
Corporate and Commercial – Investment Funds – Private Funds, 2014–2015
Alternative/Hedge Funds, 2013–2017
Financial Services: Litigation, 2016–2017
Derivatives and Futures Law (Chicago), 2011–2018
Derivatives and Futures Law (National), 2012–2018
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