FinTech, Crypto, Trading & Markets |
Lowenstein Crypto

Lowenstein Crypto

Lowenstein Crypto provides counsel to the industry’s most sophisticated entrepreneurs, financial institutions, venture investors, asset managers, and financial technology companies. Our clients benefit from the group’s deep and expansive cross-disciplinary background in securities, derivatives, regulatory, money services, fund formation, tax, capital markets, venture capital and tokenomics, privacy, cybersecurity, intellectual property and commercial contracts, and litigation. Our attorneys have developed invaluable hands-on experience as leaders of some of the country’s most influential regulatory agencies and associations, as well as in-house at some of the industry’s leading digital asset platforms, venture capital firms and financial services companies.

Lowenstein Crypto counsels its clients on all aspects of cryptocurrency and digital assets and has developed highly specialized, leading-edge practices spanning:

Formation of hedge and private equity funds that invest in cryptocurrency and other cryptocurrency related businesses
Formation of Web3 and crypto-related businesses and the equity and token-related financings of those businesses
Securities, commodities, and money transmission regulatory guidance, registration and licensing
Decentralized Autonomous Organizations (“DAO”) projects
Non-Fungible Token (“NFT”) offerings
Web3 blockchain applications, decentralized finance (“DeFi”), staking, peer-to-peer cryptocurrency lending, cryptocurrency yield product offerings, and cryptocurrency advisory platforms
Intellectual property
Licensing and commercial agreements / sweepstakes / terms and conditions
Privacy
Government enforcement and investigations
Securities litigation
Compliance with OFAC, Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) regulations
Tax

Congressional Committees Release New Draft Crypto Bill

On May 5, 2025, the U.S. House Committees on Financial Services and Agricultural Relations introduced a Draft Discussion Bill to establish a comprehensive regulatory framework for digital assets. The proposal outlines asset classification, delineates regulatory authority between the SEC and CFTC, sets registration and disclosure requirements for intermediaries, and calls for studies on emerging areas like decentralized finance (DeFi).

This effort has since progressed into the Digital Asset Market Clarity Act, introduced on May 29, 2025. The new bill reinforces the goal of providing regulatory clarity around digital asset classification, agency jurisdiction, and the oversight of digital asset intermediaries and decentralized technologies.

Digital Asset Market Clarity Act

Titles IV and V - Registration for Intermediaries at CFTC and Tech Innovations

Title III - Registration for Intermediaries at the SEC

Title II - Offers and Sales of Digital Commodities

Title I - Definitions; Rulemaking; Notice of Intent to Register