Max Dilendorf

Of Counsel: Blockchain, Virtual Currency, and Digital Assets

Max Dilendorf's practice is focused primarily on digital assets, cryptocurrency, and technologies that drive blockchain and related distributive computing networks. An early adopter of virtual currency and its associated legal, financial, and business implications, Max is considered the go-to expert for anything crypto-related. His areas of specialty include tokenization of assets, setting up cryptocurrency and DeFi exchanges, NFT art, and music offerings as well as structuring domestic and international real estate transactions using cryptocurrencies.

Max has more than 15 years of combined experience as a transactional attorney, business consultant, commercial litigator, and entrepreneur.

He has traveled extensively in Europe and Asia over the past five years, where he was tapped as a speaker and panelist at many conferences related to the regulation of digital assets in the US, asset tokenization, tax and corporate considerations for both individuals and corporate clients doing business in the US, tax planning for inbound investments in U.S. real estate and private equity deal flow as well as domestic and offshore asset protection for UHNW individuals.

Having gained valuable experience in all aspects of crypto assets, Max is also a top forensic Bitcoin and crypto expert witness. His expertise has also made him one of the top cryptocurrency consultants for Fortune 500 companies such as IBM, Berkshire Hathaway, and HSBC.

One of the key areas of Max's practice is helping clients with money transmittal licenses and ensuring compliance with state MSB licensing and FinCen requirements. His full-service approach also includes the development of anti-money laundering (AML)/Bank Secrecy Act (BSA) policies, designing strategy, and dealing with state and federal regulators. Max helps clients with obtaining federal and state money transmittal licenses (MTLs) in all 50 states, as well as national charter licenses for crypto operators and digital banks.

Max's experience with fund formation and crypto assets makes him a trusted advisor for cryptocurrency fund sponsors on all aspects of the fundraising lifecycle, from fund formation to regulatory compliance. His services within this area also include the preparation of offering documents for new private cryptocurrency funds, limited partnership agreements and subscription agreements, global regulatory consulting, and the structuring of funds to meet the sponsor's objectives.

As a trusted advisor for high-growth businesses, startups, multinational families, and foreign governments, Max brings a wealth of business and financial expertise into his cryptocurrency practice. His areas of expertise include helping emerging and preeminent cryptocurrency projects gain and maintain compliance with U.S. securities laws, resolving disputes between customers and cryptocurrency exchanges, assisting peer-to-peer traders and exchanges in complying with state money transmitter laws and the Bank Secrecy Act, and guiding a variety of other businesses in compliance matters as they interact with one another in the crypto space.

Max advises clients on the latest regulatory developments from the SEC, Commodity Futures Trading Commission (CFTC) and other government agencies regarding cryptocurrencies and tokenization. He regularly assists companies considering initial coin offerings in determining whether their tokens are considered securities under relevant federal and state laws and advises on AML and KYC issues and other compliance issues faced by money services businesses.

Max provides strategic, transactional, and regulatory advice to a wide range of established and emerging participants in the FinTech space, and regularly represents token issuers, cryptocurrency exchanges, traditional and crypto investment funds, as well as family offices and managers wishing to cross-over to the blockchain sector.

In addition to specializing in crypto-related matters, Max handles all aspects of real estate transactions, including acquisitions, dispositions, development, and leasing of real estate in New York. He represents foreign individuals and family offices in connection with investments in US-based real estate, funds, and private equity. Known as a highly skilled negotiator and aggressive litigator, Max handles various real estate litigation matters, including disputes between buyers and sellers, commercial landlords and tenants, and commercial contract disputes arising out of COVID-19.

Max regularly assists international and domestic entrepreneurs, businesses, venture investors, and startups at all stages of raising capital in the US.

Invited speaker at government and private institutions such IBM, HSBC, Berkshire Hathaway, NYU, the Thailand Securities and Exchange Commission, the South East Asian Central Banks (SEACEN) Research Center.

Max was named to Super Lawyers' New York Metro Area "Rising Star" in 2018, 2019 and 2020 in Real Estate and Technology Transactions sectors.

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