Max Dilendorf, Esq.
Max Dilendorf’s practice is focused on digital assets, cryptocurrency, and asset tokenization. Max is an early adopter who joined the industry in 2016. His cryptocurrency legal philosophy relies on federal and state compliance for counseling clients on meeting their regulatory obligations. Clients rely on Max’s personalized approach and unparalleled cutting-edge legal knowledge in the world of digital assets for solving the most challenging crypto legal puzzles. Max was named to Super Lawyers’ New York Metro Area “Rising Star” in 2018, 2019, 2020 and 2021.
Cryptocurrency and digital assets is a complex and multidimensional area of law often requiring intricate practical analysis and application of the following laws and regulations:
- the U.S. Securities Act of 1933 and the Securities Exchange Act of 1934;
- the Anti-Money Laundering Law (“AML”);
- the U.S. Bank Secrecy Act (“BSA”);
- 50 state-specific money transmitter laws (“MTL”) with a nationwide application standard;
- the U.S. Internal Revenue Code;
- the Racketeering Influence and Corruption Organization Act (“RICO”); and
- all related and implementing regulations of the above statutes.
Max strives to understand clients’ backgrounds, goals, trading habits, investment vehicles, and other critical factors to identify which bodies of law, and specific statutes and regulations, are implicated.
This approach is crucial when:
- guiding clients toward lawful behavior in Defi, Web 3.0 virtual universes and Metaverse;
- selecting and establishing optimal onshore and offshore business structures;
- assisting clients with asset tokenization projects and developing legal market entry strategies in the US, Southeast Asia, and Europe;
- establishing guidelines for cryptocurrency trading activities to make operations as efficient as possible, as well as to make sure that clients’ activities are legal under U.S. laws and regulations;
- crypto compliance with tax laws and reporting requirements against everchanging US standards;
- preparing a crisis plan as the first step in avoiding crisis situations before they arise.
Max regularly represents in a variety of digital asset matters:
- Institutional investors and publicly traded companies;
- Cryptocurrency exchanges, OTC desks and wallet-providers;
- Traditional real estate operators and developers;
- Cryptocurrency hedge fund managers and investors;
- DeFi traders and Dapp developers;
- Metaverse businesses, brands, and users;
- Family offices;
- Digital asset platforms;
- NFT platforms, issuers, and investors; and
- Fraud victims.
- May 5, 2022 | Law.Com | How Metaverse Firms Look to Manage Asset Loss, Disruption Risks in Untested Worlds
- May 5, 2022 | ArtNet | U.K.’s High Court Ruling on NFTs as ‘Property’ Has Been Called a Landmark—But It May Not Actually Change Much
- May 4, 2022 | VICE | Buying Authenticity: Inside the World of the Paid Crypto Shills
- May 4, 2022 | VICE | OpenSea ‘Sitting on Ticking Bomb’ as Lawsuits Pile Up Over Stolen Apes
- April 5, 2022 | Enterpreneur | Is Crypto Coming to an End? This $100 Million Settlement Will Impact Crypto Forever
- March 27, 2022 | Business Insider | Investing juggernaut Animoca Brands just shut down its crown jewel blockchain game F1 Delta Time. Players, investors and lawyers explain what went wrong — and the checklist you need if you’re thinking of buying licensed NFTs
- March 17, 2022 | City A.M.| NFTs, Magic Beans, or Just Plain Lemons?
- March 4, 2022 | The Cointelegraph | Crypto Offers Russia No Way Out From Western Sanctions
- March 3, 2022 | Bitcoinist | SEC Smells Something Fishy About The NFT Market And Is Launching A Probe, Sources Say
- February 25, 2022 | The Cointelegraph | Wyoming’s State Stablecoin: Another Brick In The Wall?
- February 24, 2022 | Propmodo | When Will Real Estate’s Tokenization Transformation Happen?
- February 15, 2022 | The Defiant | U.K. Seizes NFTs In Fraud Probe As Authorities Hunt For Illicit Digital Assets
- February 15, 2022 | Investing.com | Has The SEC ‘Wiped Out’ DeFi Lending Model With BlockFi Penalty?
- February 15, 2022 | Yahoo! Finance | U.K. Seizes NFTs In Fraud Probe As Authorities Hunt For Illicit Digital Assets
- February 15, 2022 | TechCrunch | What BlockFi’s $100M Settlement With The SEC Means For Future Of DeFi Lending
- February 9, 2022 | Market Insider | 10 Questions About BitLicense From A Crypto Lawyer
- February 3, 2022 | Prime Resi | Unreal Deals: Is Crypto The Future For Real Estate?
- February 1, 2022 | Forbes | The World Of NFTs: Taxation And Compliance
- January 27, 2022 | Taxnotes |The World Of NFTs: Taxation And Compliance
- January 24, 2022 | AdPro | Heated Driveways, Cryptocurrency Sales, And Other Luxury Real Estate Trends For 2022
- January 13, 2022 | Sotheby’s | Is Crypto The Future For Real Estate?
- January 12, 2022 | Be In Crypto | Crypto Wealth & Hybrid Working Drive Luxury Property Purchases
- January 4, 2022 | The Real Deal | Inside Proptech Unicorn Pacaso’s Meteoric Rise — And Its Fallout
- December 16, 2021 | How-to Geek | Here’s The Problem With NFTs
- December 10, 2021 | Mansion Global | When Purchasing A Real Estate NFT, What Are You Really Buying?
- December 10, 2021 | Wikipedia | Bitcoin ATM
- December 2, 2021 | Artnet | These 7 Legal Gray Areas Could Determine The Future Of The Booming NFT Market
- December 1, 2021 | ABC 7 | Crypto: 7 On Your Side Investigates Currency And Confusion
- November 30, 2021 | The Japan Times | The New Masters: How Auction Houses Are Chasing Crypto Millions
- November 30, 2021 | Financial Times | What Are Non-Fungible Tokens And How Do They Work?
- November 19, 2021 | ETF Trends | Tokenize Everything
- November 8, 2021 | Reuters | The New Masters: How Auction Houses Are Chasing Crypto Millions
- October 5, 2021 | Yahoo! Finance | Crypto Becomes The Newest Fake News Frontier
- September 30, 2021 | The Washington Post | Crypto Tax: ‘MiamiCoin’ Has Made The City $7 Million So Far, A Potential Game-Changer For Revenue Collection
- September 24, 2021 | Messari | Venture DAOs: So Hot Right Now
- September 24, 2021 | Atlantic Council | The Case For A Financial Digital Asset Framework For Cryptocurrencies
- September 1, 2021 | Bank Info Security | Bitcoin ATM Firms Seek To Shape Regulations
- August 19, 2021 | Mansion Global | What Taxes Can A Buyer Expect When Purchasing A Home With Bitcoin?
- August 10, 2021 | Markets Insider | Launching A US Crypto Hedge Fund – Tips From A Crypto Lawyer
- August 5, 2021 | MarketWatch | Uniswap – An Illusion Of Decentralization?
- July 16, 2021 | Yahoo! Finance | 101-Year-Old Industrial Pump Valve Company Now Accepting Cryptocurrency From International Buyers
- July 7, 2021 | The Defiant | Crypto Scams Are Out Of Control, Again… Here’s How To Stop Them Forever
- June 22, 2021 | Coindesk | Story From Markets Security Token Market Shows Signs Of Resurgence
- May 31, 2021 | Tokenpost | Algocap.Io Becomes First NY Brokerage To Accept Bitcoin (BTC), Ether (ETH), And DOGE For Real Estate Transactions
- May 27, 2021 | Law.com | Security Token Offerings (STOs) For NFTs?
- May 21, 2021 | Gotham Weekly | NYC Brokerage, Algocap.Io – First To Accept Crypto In Real Estate Transactions
- April 25, 2021 | Yahoo! Finance | Coinbase Customers With Hacked Accounts Get No Justice From ‘Horrible’ US Laws: Fintech Lawyer
- April 25, 2021 | Hodlin | How To Buy Real Estate With Cryptocurrency?
- April 13, 2021 | Law 360 Pulse | As NFTs Boom, Cascade Of Cases And Legal Questions Await
- April 13, 2021 | Entrepreneur | Max Dilendorf Is A Top Cryptocurrency And Digital Asset Lawyer
- March 24, 2021 | Law.com | What’s Next: NFTs Pose A Billion-Dollar Legal Question + The Fate Of Diversity Shareholder Suits Against Big Tech + Facebook’s Leaked Documents Resurface In Cambridge Analytica Litigation
- March 22, 2021 | Newshub | Digital Artwork That Anyone Can Copy For Free Sells For Almost $100 Million
- March 22, 2021 | Los Angeles Magazine | Thinking Of Buying Or Minting An NFT? Here’s What You Need To Know
- March 16, 2021 | AP | Dilendorf Law Firm: Will NFTs Be Deemed Securities Subject To The U.S. SEC Laws And Regulations?
- March 16, 2021 | MarketWatch | Dilendorf Law Firm: Will NFTs Be Deemed Securities Subject To The U.S. SEC Laws And Regulations?
- March 11, 2021 | Reuters | Digital-Only Artwork Fetches Nearly $70 Million At Christie’s
- March 3, 2021 | Yahoo! Finance | Max Dilendorf Serves As A Bitcoin Expert Witness In USCIS EB-5 Green Card Adjudication Proceedings
- March 1, 2021 | Page Six | Barry Avrich On ‘Made You Look,’ His New Doc About Art Fraud
- January 14, 2021 | Reuters | U.S. Regulator’s Approval Of Stablecoin Payments Provides Regulatory Building Block, Compliance Challenge
- November 2, 2020 | The Tokenist | Dilendorf Khurdayan And Entoro Release “Benefits, Risks And Practical Considerations” Report For Tokenized Equities
- August 22, 2020 | Hive Blog | Is DeFi For Real?
- March 9, 2020 | Financial News Now | A Revolution In Liquidity And Transparency: How Blockchain Technology Is Transforming How We Invest
- January 21, 2020 | Forbes | Legal And Regulatory Experts Weigh In On The SEC’s Proposed Changes To The Accredited Investor Status
- January 17, 2020 | Brick Underground | How To Buy A NYC Apartment: The International Edition
- December 6, 2019 | The FinReg Blog | BLOCKCHAIN DISRUPTION AND DECENTRALIZED FINANCE: THE RISE OF DECENTRALIZED BUSINESS MODELS
- May 27, 2019 | Thrive Global | Why Face-To-Face Connections Still Trump Digital Ones
- May 24, 2019 | Crain’s | Opportunity Zones Aren’t Just For Real Estate
- February 13, 2019 | Financial News Now | A Revolution In Liquidity And Transparency: How Blockchain Technology Is Transforming How We Invest
- December 7, 2018 | Bloomberg Law | INSIGHT: How To Defer Bitcoin Capital Gains Through Purchase Of NY Qualified Opportunity Zone Real Estate
- November 23, 2017 | Mansion Global | Does The Common Reporting Standard Affect A Chinese National Buying A Home In The U.S.?
- November 5, 2017 | FXCM | The Most Popular Cryptocurrency Terms And Phrases
- Hangzhou, China. Bitrise Capital. Masterclass: “Issuance and Sale of Digital Securities in the US.”
- Hong Kong, HK. C-Block Capital. Presentation: “Structuring Cross-Border Real Estate Transactions Using Cryptocurrency.”
- New York. IBM Blockchain Ventures. Workshop: “Double Header: Security Token v. Utility Token; Jurisdiction Selection.”
- Kuala Lumpur, Malaysia. Asia Blockchain Review and Infinity Blockchain Ventures. Workshop. “Digital Securities (aka Security Tokens). How to launch STO in the US and issues to consider.”
- New York. New York University. Panel Discussion: “Blockchain and Digital Securities Regulations in US and Abroad.”
- Kuala Lumpur, Malaysia. South East Asian Central Banks (SEACEN) Research and Training Centre. Presentation: “Framework for Launching Digital Securities in the US and Global Modernization of Capital Markets.”
- New York. Joint webinar with Securitize: “Real Estate Tokenization.”
- New York. Berkshire Hathaway HomeServices. Presentation: “Structuring Foreign Investment in New York Real Estate Using Bitcoin”.
- Connecticut. CCIM’s Annual Golf Symposium. Panel Discussion: “Blockchain in Commercial Real Estate. The Future is Here.”
- Bangkok, Thailand. Thailand Securities and Exchange Commission (SEC). Topic: “Structuring Digital Security Offerings in the United
- New York. National Financial Network. Joint presentation with Popular Bank. “Structuring Real Estate Transactions Using Digital Assets.”
- New York. HSBC. Presentation: “Foreign Investments in US Real Estate and Use of Digital Assets.”
- New York. Joint Webinar with OpenFinance, Harbor and Diginex. “Slicing through the Hype Around Tokenized Securities.”
- New York. Synergy Global Forum, Executive MBA Program. Presentation: “Regulation of Digital Assets in the US.
- New York. Peltz International. Panel Discussion: “Real Estate Opportunity Funds.”
- New York. Joint Webinar with tZero and Polymath. “Security Token Framework: Interoperability Through Standards?”
- New York. Joint Webinar with OpenFinance and Securitize. “STO/DSO: from Planning to Secondary Trading.”
- New York. NYC Blockchain Center. Workshop: “Real Estate Tokenization.”
- New York. Blockchain Society Executives-Only NYC Conference. Panel Discussion: “Security Tokens v. Utility Tokens.”New York. US-China Real Estate Forum. Panel Discussion: “Tokenization of Real Estate.”
Commercial Property Tokenization Consulting
Advised a client regarding the process of tokenizing $40M commercial property in the Midwest, addressed applicable securities regulations and token transfer restrictions for US and non-US investors, selected appropriate legal structure and consulted regarding the underwriting process on a smart-contract, issuance of ERC-20 tokens, verification of the accreditation status of US and non-US investors, KYC/AML checks, as well as onshore/offshore banking
Sale of Multi-Family Building and Partner Buy-Out
Successfully represented a client in the sale of a mixed-use building in Midtown, Manhattan and in the buy-out of his partner’s ownership interest in the building
Acquisition and Development of EPA’s Superfund Site in Connecticut
Represented a developer as co-counsel in a $50M project that involved the acquisition of the EPA’s Superfund site in CT for developing a 100,000 SF retail store
US Inbound Investment in Commercial Development Project
Represented a foreign private fund in connection with the corporate and tax structuring of their investment in commercial real estate project in NYC by utilizing beneficial tax treaty provisions, and combination of debt and equity
Retail Condo Purchase and Financing
Assisted a foreign client with obtaining financing for the purchase of a $5.75M retail condominium unit in Downtown, Manhattan
Acquisition of Development Lot in Miami
Represented a developer as co-counsel in the acquisition of a $21M development lot on the Indian Creek Compound, Miami, FL
Delaware Dynasty Trust to Purchase and Hold Investment Real Estate
Represented a foreign investor as co-counsel in connection with setting-up a Delaware Dynasty Trust for asset protection purposes and for purposes of purchasing and holding investment real estate in New York
Advised a foreign client on structuring a reverse 1031-exchange for the sale of $5M mixed-use property in Midtown Manhattan
Tokenized Real Estate Lending Fund
Working with a client on setting-up a $20M tokenized real estate lending master feeder fund (US/Cayman), including potential tax implications, application of US securities and investment regulations and worldwide treatment of the fund tokens
Luxury Estate Lease in Greenwich, CT
Represented a member of a royal family as co-counsel in drafting and negotiating the lease for a residential property in Greenwich, CT
Commercial Loan Secured by a Building
Represented a borrower in a $10M commercial loan transaction secured by an office building in Florida