Whether starting a crypto-based company, or incorporating blockchain technology into an existing business, Dressel/Malikschmitt’s clients know they can count on us to provide the legal counsel they need to move forward with their plans.
Firm founders Andrew Dressel and Chris Malikschmitt understand that legal action is a means to an end, not the end goal. Their knowledge of the blockchain and cryptocurrency, coupled with their experience resolving complex business disputes helps them craft custom legal solutions that meet the unique needs of clients in the tech industry.
Cryptocurrency and Partnership Disputes
Sometimes the biggest problems crypto businesses face come from within. When the future of the business is up for debate, or disagreements arise that pit partners or shareholders against one another, the Dressel/Malikschmitt team is ready to step in and help find a solution.
While we prefer to resolve these disputes at the negotiating table to save our clients’ money and keep private business out of the public eye, we have successfully represented crypto and blockchain clients in litigation.
Cryptocurrency Issues in Business
Cryptocurrency Business Formation
Turning an idea for a business into an actual business takes guts. It also takes a lot of paperwork. Dressel/Malikschmitt is here to help entrepreneurs in New Jersey and beyond draft all the documents and fill out all the forms needed to turn their dream into a reality.
One of the first steps is figuring out which business structure will work best. Sole proprietorships, LLCs, partnerships, corporations, and not-for-profits all work differently. Choosing the one that works best for a particular project means thinking not only about organizational operations, but about liability risks, taxation, and regulation.
We also help clients prepare organizational documents like articles of incorporation, partnership agreements, and bylaws, and secure all necessary business licenses and permits.
Cryptocurrency Contracts
Blockchain technologies are transforming business transactions and opening new avenues for innovation and investment, but legal contracts are what link all that code to the real world.
Our experienced team of attorneys draft legal contracts and documents that allow crypto businesses to protect themselves from the legal risks that arise when attracting investors, hiring employees, selling, or licensing a product or service, and all the other aspects of running a business. We pride ourselves on our ability to draft agreements that minimize legal risk while clearing the way for growth and innovation.
The Dressel/Malikschmitt team also reviews documents our clients are being asked to sign and assists them with due diligence. We identify areas of concern and suggest steps that can be taken to reduce risk.
Cryptocurrency Contracts
Blockchain technologies are transforming business transactions and opening new avenues for innovation and investment, but legal contracts are what link all that code to the real world.
Our experienced team of attorneys draft legal contracts and documents that allow crypto businesses to protect themselves from the legal risks that arise when attracting investors, hiring employees, selling, or licensing a product or service, and all the other aspects of running a business. We pride ourselves on our ability to draft agreements that minimize legal risk while clearing the way for growth and innovation.
The Dressel/Malikschmitt team also reviews documents our clients are being asked to sign and assists them with due diligence. We identify areas of concern and suggest steps that can be taken to reduce risk.
Crypto Compensation & Business Transactions
While much of the news about the business world’s embrace of crypto focuses on retailers, Dressel/Malikschmitt is fielding a growing number of inquiries from companies who want to know if they should offer employees crypto compensation or prepare to accept and spend crypto in business-to-business transactions.
While our team cannot predict the future, or make business decisions for our clients, we can outline the legal risks various uses of crypto or blockchain technology present and advise clients on what they will need to do to comply with various government regulations that may apply differently to crypto transactions.
Protecting a Crypto Company’s Intellectual Property
Some of the most valuable assets owned by crypto companies are pieces of intellectual property. Securing a company’s ideas and identity is an important part of doing business.
Dressel/Malikschmitt helps clients determine what business assets can be protected by copyright, trademark, or patent, and then file the documents necessary to secure these assets. We also work with clients who need to defend their intellectual property against theft or abuse by sending out cease and desist letters, negotiating a licensing agreement, or filing a lawsuit.
Things like client lists, methods of doing business, and other confidential business information typically cannot be copyrighted, trademarked, or patented, but they may be considered trade secrets. We help clients prevent trade secret theft by preparing nondisclosure and confidentiality agreements.
Protecting a Crypto Company’s Intellectual Property
Some of the most valuable assets owned by crypto companies are pieces of intellectual property. Securing a company’s ideas and identity is an important part of doing business.
Dressel/Malikschmitt helps clients determine what business assets can be protected by copyright, trademark, or patent, and then file the documents necessary to secure these assets. We also work with clients who need to defend their intellectual property against theft or abuse by sending out cease and desist letters, negotiating a licensing agreement, or filing a lawsuit.
Things like client lists, methods of doing business, and other confidential business information typically cannot be copyrighted, trademarked, or patented, but they may be considered trade secrets. We help clients prevent trade secret theft by preparing nondisclosure and confidentiality agreements.
Due Diligence When Doing Business As or With a Cryptocurrency Company
Understanding the legal implications of any new technology is critical, especially in a semi-self-regulated ecosystem where the risks are uncertain, and the costs of mistakes can be high. Any business owner or investor that is serious about integrating cryptocurrency into their plans should consult with an attorney before opening their digital wallet.
At Dressel/Malikschmitt, we conduct legal due diligence on purported crypto businesses clients are considering investing in or contracting with. We also evaluate potential investors and any offers they make.
When Your Business May Need a Cryptocurrency Law Firm
Many of the choices business leaders in the crypto industry must make come with legal risk. Sometimes that risk is obvious, other times it is unexpected. Having an attorney on staff who can flag important legal considerations and help the business avoid legal pitfalls would be ideal, but it is often cost-prohibitive. The next best option is contracting with a business law firm, like Dressel/Malikschmitt, whose seasoned attorneys can serve as outside general counsel.
Andrew Dressel and Chris Malikschmitt have helped small businesses, mid-sized firms, and large corporations navigate thorny legal issues, and they are familiar with the unique challenges crypto companies face. The outside general counsel model allows us to help clients keep costs down while still minimizing risk, resolving disputes, and completing routine tasks like reviewing contracts. We take care of our client’s legal concerns, so they can focus on running their businesses.
What Happens When a Lawsuit Involves Cryptocurrency?
When a business dispute cannot be resolved around the negotiating table, Dressel/Malikschmitt is prepared to litigate. We were one of the first firms in New Jersey to litigate a cryptocurrency dispute, and all our crypto clients benefit from that experience.
We also have years of experience litigating complex business disputes, including breach of contract cases, employment disputes, and disagreements between partners and shareholders over business governance or goals.
Speak with a Cryptocurrency and Digital Currency Lawyer
As one of the first law firms in New Jersey to have successfully represented crypto and blockchain clients in litigation, Dressel/Malikschmitt has made a name for itself in this emerging area of the law.
We advise clients who are building businesses in mining or trading crypto, investing in crypto assets, or leveraging blockchain technologies so that they may enhance their businesses, and fight for them where disputes arise.
Whether you are an experienced crypto business owner, or simply crypto-curious, Dressel/Malikschmitt is here to assist you. Please contact us today to schedule a meeting.
FAQs About Cryptocurrency Businesses and the Law
The answer to this question is every lawyer’s favorite answer, “it depends.” The regulations governing the creation and use of digital currency and other digital assets are in flux. If your business is thinking about making a significant investment in cryptocurrency or other blockchain technology, you should consider consulting with a tech-friendly law firm like Dressel/Malikschmitt. We help businesses identify and comply with government regulations and highlight legal gray areas where business leaders must make a decision about how much risk they are willing to take on in order to meet their business goals.
One of the defining features of cryptocurrency is that it is not issued by a central government or central bank. In theory, this makes each currency self-regulating. The reality is a bit more complicated. As crypto has become more popular, governments have stepped up regulation of its creation and use. The IRS, the Securities and Exchange Commission, and the Commodity Futures Trading Commission, as well as many states, are increasing their regulation of digital assets and blockchain technology. At Dressel/Malikschmitt, we help businesses in New Jersey and beyond identify and comply with any laws or regulations intended to govern them. We also point out gray areas where crypto businesses must adjust their actions to match the level of risk they are willing to take on because there is not clear guidance from the government.
Cryptocurrency is self-regulating by design, which means any business using or creating crypto assets must do their own due diligence and assess the risk they are taking on. An experienced crypto attorney can help secure assets, offer counsel on ever-changing government regulations, and represent you if a dispute arises.
It is important to choose a law firm that has the experience necessary to meet your unique needs. A cryptocurrency business needs to work with attorneys that understand the potential and perils of digital currencies and the blockchain, but who are also business-minded. Firm founders Andrew Dressel and Chris Malikschmitt were two of the first attorneys in New Jersey to successfully litigate a crypto dispute, and they regularly represent clients in other complex business disputes.
Dressel/Malikschmitt represents crypto clients in a variety of business and commercial disputes. We handle everything from contract negotiation, review, and drafting to complex litigation.