Herzog's Technology & eCommerce Regulation Department is a recognized market leader in its field. The team is led by domain experts who possess a unique set of vital, interdisciplinary and global regulatory advisory skills, and are uniquely positioned to advise a range of clients, including leading multinational technology companies as well as start-ups and disruptive technologies vendors, on applicable regulatory and compliance considerations in numerous technological areas.

We understand that the regulatory exposure and scope of required attention of almost any company operating in the digital and technological sphere are much wider than one specific jurisdiction or legal discipline. As our clients are often on the forefront of this ever-evolving landscape, we further understand the impact of industry trends and compliance demands on our clients’ businesses. Therefore, our team possesses in-depth knowledge of the increasing volume of regulations, enforcement actions, legislative and industry trends in a myriad of jurisdictions, digital platforms and leading self-regulatory guidelines. This enables our team to offer practical, holistic and comprehensive solutions for complex situations often presented by innovative technologies and disruptive business solutions, providing “hands-on” support to our clients on the strategic, corporate and operational aspects of their business, with the aim of mitigating our clients’ legal and business risks.

Technological developments in recent years are reshaping the world of finance, payments, trading and investments. Our department has positioned itself at the forefront of this burgeoning industry by providing a holistic suite of end-to-end legal services, to assist clients in operating their businesses in accordance with all the applicable regulatory and business considerations. Our clients include international operators and creators in the crypto sector, financial technologies and payments providers, banks and finance intermediators.

We specialize in:

• Jurisdictional analysis and structure planning for regulatory, taxation and commercial optimization;
• International regulatory and licensing requirements;
• Product-oriented advice on token issuance and minting, token sale or other allocation (such as airdrop, IDO and IEO), tokenomics planning as well as on drafting White Paper and other associated documents;
• Pre-sale, private sale, public sale and other token allocation agreements;
• Regulatory classification of various token models;
• Blockchain infrastructure, digital asset custody and digital wallet services;
• Advice on the various regulatory implications for crypto gaming and gambling, game finance (GameFi), play-to-earn, play-and-earn, and other engage-to-earn crypto based platforms;
• Adaptation of blockchain technologies, cryptocurrency, virtual assets and services within existing financial and other businesses;
• Advice on engaging in trading and exchange of and investments in cryptocurrencies, including formation and operation of digital asset funds;
• Advice on establishment and operation of crypto lending platforms, crypto exchanges, crypto derivatives trading platforms, and staking service providers;
• Decentralized finance (DeFi), decentralized autonomous organization (DAO) and Web 3.0 projects structure advising;
• Institutional integration of crypto and DeFi services;
• Non Fungible Tokens (NFT) platforms and implementations, such as tokenization;
• Stablecoin projects;
• Data protection considerations and policies;
• Security and cyber risk mitigation;
• Anti-money laundering (AML) / counter terrorist financing (CFT) and trade control compliance;
• Agreements for B2B and B2C operations, including software development, licensing, support and maintenance, procurement and marketing;
• Commercial and intellectual property (IP), including open source IP, advice;
• Taxation of digital assets and cross-border tax implications of operators in the digital assets domain;
• Marketing affiliation, advertising arrangements and sponsorship;
• Payment processing agreements and interaction with financial institutions, including banks and electronic money institutions (EMIs);
• Payment technologies and solutions;
• Investments, mergers and acquisitions (M&A) related to crypto and blockchain companies.