Crypto Lawyers for Token Launches, Tokenization, and Digital Asset Disputes
Navigate SEC and CFTC frameworks with confidence. From token classification to enforcement defense to private litigation, our California-based team handles both sides of digital asset law—regulatory compliance and courtroom disputes. Chanté Eliaszadeh spent a law-school summer as an honors intern in the SEC's Cyber Unit; Brandon Orewyler spent three years as a research attorney in the Los Angeles Superior Court's Complex Division.
What We Do
Comprehensive legal services for every stage of your digital asset project, from initial token design through post-launch compliance and dispute resolution.
Token Launch Compliance
- Howey analysis and token classification opinions
- SEC and state securities registration or exemption strategy
- Token sale structuring (SAFTs, SAFEs, presale agreements)
- Airdrop and distribution compliance frameworks
SEC/CFTC Regulatory Defense
- Wells notice response and pre-enforcement negotiation
- SEC examination preparation and document production
- CFTC commodity classification analysis
- Enforcement defense strategy and settlement negotiation
Digital Asset Litigation
- Securities fraud and investor recovery actions
- Class action and mass arbitration for token losses
- Exchange disputes and custodial breach claims
- Cross-border enforcement and asset tracing
Why Crypto Projects Choose Us
SEC Cyber Unit Experience
Our founding attorney served as a law-school summer honors intern in the SEC's Cyber Unit, gaining firsthand insight into how regulators evaluate token projects. That perspective now works for you—anticipating regulatory concerns before they become enforcement actions.
One Firm, Both Sides
Most crypto counsel handles either the transactional compliance or the disputes that follow—not both. We bring regulatory expertise and litigation firepower under one roof, so your legal strategy is unified from token launch through courtroom if it comes to that.
Direct Attorney Access
No associate hand-offs, no junior attorney learning on your dime. Every call, every strategy session, every filing is handled by attorneys with securities enforcement and litigation experience—at rates that make sense for startups building digital infrastructure.
Frequently Asked Questions
How do I know if my token is a security under SEC rules?
Token classification depends on the March 2026 SEC/CFTC joint interpretive release, which established five categories: digital securities, digital commodities, stablecoins, digital tools, and digital collectibles. The analysis turns on your token's economic rights, network functionality, issuer promises, and how it was marketed—not what you call it. A Howey analysis examines whether purchasers invested money in a common enterprise with an expectation of profits derived from the efforts of others. The answer is fact-specific and requires professional legal analysis.
What should I do if my crypto project receives a Wells notice from the SEC?
A Wells notice means the SEC staff intends to recommend enforcement action against you. You typically have 30 days to submit a Wells response—a written argument for why the SEC should not bring the case. This is a critical window that requires immediate attorney involvement. An effective Wells response addresses the specific charges, presents exculpatory evidence, and frames the legal arguments that could prevent formal proceedings. Many investigations end at this stage with the right advocacy.
Can crypto investors sue when the SEC won't take action?
Yes. The SEC's retreat from crypto enforcement has made private litigation the primary recovery mechanism for defrauded investors. Investors can bring federal securities fraud claims (Section 10(b)), state securities law claims (often with stricter liability standards), state consumer protection claims, and common law fraud actions. Several recent federal court decisions have confirmed that existing securities laws apply to crypto assets, giving investors viable paths to recovery even without SEC involvement.
What is the difference between a digital commodity and a digital security?
Digital commodities are tokens that derive value from blockchain network participation (native tokens, gas tokens) and have achieved network functionality without outstanding issuer promises—these fall under CFTC jurisdiction. The release gives sixteen illustrative examples, including BTC, ETH, SOL, and XRP, chosen because each underlies a CFTC-regulated futures contract; it names two more that do not. Digital securities are tokens with economic rights like dividends, profit shares, or claims on assets—these fall under SEC jurisdiction with full registration and disclosure requirements. The distinction depends on economic substance, not labels.
How much does a crypto lawyer cost?
Costs vary significantly by engagement type. Token opinion letters and compliance audits are typically flat-fee engagements with predictable costs. Ongoing regulatory counsel works on monthly retainer. Enforcement defense and litigation are more variable depending on complexity. At Astraea Counsel, we offer BigLaw-caliber work at boutique rates—our AI-optimized workflows and lean overhead structure let us deliver the same quality without the $1,500-$2,500 per hour price tag.
Insights on Digital Asset Law
The SEC/CFTC Token Taxonomy: What the Five Categories Mean for Your Token
Read Article Thought LeadershipWhen the SEC Won't Act: Private Litigation Options for Crypto Investors
Read Article Client GuideToken Airdrop Legal Compliance: Securities, Tax, and Anti-Manipulation Rules
Read ArticleSchedule a Crypto Law Consultation
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