CahillNXT is the premier destination for clients seeking sophisticated counsel to resolve their most challenging legal, regulatory, and business problems at the intersection of finance and frontier technologies such as digital assets, artificial intelligence (AI), and prediction markets. We are entrepreneurial, creative, practical, responsive, and relentless in pursuing our clients’ goals. Our tech-fluent, cross-disciplinary team handles the most consequential transactional, regulatory, litigation, and government enforcement matters that our clients face throughout the lifecycle of their ventures.

Leveraging Cahill’s more than century-long track record of excellence and innovation in guiding traditional financial institutions through seismic transformations in the structure and regulation of capital formation and trading markets, the firm’s CahillNXT practice is now at the forefront of helping clients navigate the maze of opportunities and risks that flow from the world’s next wave of financial innovation arising from the advent of blockchain technology, crypto assets, AI, prediction markets, and other frontier technologies.

These technologies are converging. Autonomous software agents now hold wallets, move value, and transact in regulated markets; large language models are trained on data whose ownership and provenance are contested; and the regulators who spent the last decade deciding how existing law applies to crypto assets are now deciding how it applies to machine intelligence. CahillNXT advises clients where those questions arrive together—at the confluence of code, capital, and free speech.

About The Team

Our globally recognized Digital Assets, AI, and Frontier Technologies team is led by some of the most accomplished and creative “tech native” regulatory experts, former prosecutors, trial lawyers, tax counsel, investigators, corporate advisors, and dealmakers.  The team is supported by a preeminent software developer and engineer who helps our clients bridge the gap between computer code and the law, and one of our partners is himself a working developer whose research interests include large language models and natural language processing.

The Cahill partners on the CahillNXT team are renowned for achieving exceptional results for institutional and individual clients in their thorniest legal challenges involving frontier financial technologies, including complex transactions ranging from startup formation and venture fundraising to mergers, acquisitions, asset purchases, joint ventures, and complex governance structuring for decentralized autonomous organizations (DAOs), as well as high-stakes criminal and regulatory enforcement matters, internal corporate investigations, and civil litigation relating to digital assets, agentic AI commerce, prediction markets, and other emerging technologies.  Our lawyers are also widely recognized as leaders in advising businesses, entrepreneurs, founders, developers, public officials, directors, and officers in these fields on structuring business lines, financial products, and transactions to comply with U.S. securities, commodities, tax, anti-money laundering, sanctions, national security, export control, tariff, and money transmission laws, the EU’s Markets in Crypto-Assets Regulation (MiCA) and Markets in Financial Instruments Directive (MiFID II), and other laws and regulations that apply to these activities.

The Team

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CahillNXT and Frontier Technologies

Cahill’s market-leading CahillNXT practice was built on integrated regulatory fluency, technical literacy, and courtroom experience, rather than on siloed capabilities. Our complementary AI practice is built the same way.

We advise AI and crypto startups, financial institutions, trading firms, social media platforms, and other tech companies on the supervisory expectations that now attach to AI, including model validation and governance in regulated firms, SEC and FINRA compliance obligations, and the disclosure and control questions that follow when models inform trading, surveillance, or client-facing decisions.  One of our partners serves as Co-Chair of the CFTC’s Artificial Intelligence Workstream within its Future of Finance Committee, teaches derivatives and banking law, and co-developed a global financial institution’s AI training program for its legal department.

Tokenization is securities plumbing rebuilt on a new rail.  Members of our team bring decades of market-leading experience in structured finance and the capital markets, all complemented by our deep fluency in the world of technology.  Clients bring us the questions that follow: how a tokenized instrument should be characterized, who may hold and transfer it, how transfer agency, custody, settlement, and disclosure obligations map onto a distributed ledger, and how agentic AI activity in tokenized securities should be treated.  Three lawyers on our team co-authored The Ineluctable Modality of Securities Law: Why Fungible Crypto Assets Are Not Securities, perhaps the single most influential paper on the application of securities law to digital assets.  Our Co-Chair testified before the U.S. Senate Banking Committee’s Digital Assets Subcommittee at its inaugural hearing on a bipartisan market-structure framework. And we publish continuously on the developing regulatory and legislative environment for tokenized real world assets and securities.

Our litigation work is high-stakes and adversarial.  The firm successfully defended a leading AI company against a preliminary injunction that threatened its ability to operate; defeated a biometric privacy class action brought under the Illinois Biometric Information Privacy Act on behalf of a self-custody crypto wallet provider; and is currently leading a lawsuit to disrupt an overseas cybercrime ring that used bots and AI-generated content to siphon payouts from a leading social media platform’s creator revenue-sharing program.

Our derivatives practice is led by the author of Derivatives Law and Regulation, the leading legal treatise on U.S. derivatives law and regulation, and previously carried global responsibility for a major international bank’s U.S. derivatives regulatory work as its deputy general counsel.  That depth matters as the perimeter of the regulated market moves: perpetual futures have come onshore; event contracts are being lifted out of categorical prohibition and into case-by-case public-interest review; and the line between a hedge, a wager, and a token is being redrawn contract by contract.  We counsel prediction market platforms, designated contract markets, futures commission merchants, exchanges, clearinghouses, dealers, trading firms, and protocol developers on product design and self-certification, foreign board of trade access, clearing and margin, and enforcement exposure, including securing a CFTC enforcement declination for the developer of a decentralized prediction market platform.

As autonomous AI agents begin to initiate and settle payments in stablecoins and other digital assets, they pose a question already deeply familiar to our team: who answers for value that reaches a party that should not have received it?  Our lawyers have published and advised clients on the intersection of decentralized finance (DeFi) and agentic payments as well as on U.S. sanctions exposure arising from agent-based payments.  We counsel clients on designing agentic systems that can withstand OFAC, anti-money laundering, money transmission, and consumer protection scrutiny.

We counsel boards and general counsel on the practical governance of artificial intelligence inside the enterprise, such as the use of AI note takers and assistants in privileged settings, the discoverability of prompts and model outputs, retention and legal hold, and the internal policies that determine whether an AI deployment proves defensible after the fact.

Cahill’s technology intellectual property litigation practice represents plaintiffs and defendants in patent, trade secret, and unfair competition cases involving AI, machine learning, semiconductors, software, and telecommunications: the disputes that determine who owns the models, the data they are trained on, and the hardware beneath them.

Questions about what businesses and individuals may publish—and about what the government may compel or forbid them to say—are questions Cahill has litigated for half a century.  From representing The New York Times in the landmark Pentagon Papers First Amendment case to representing Senator Mitch McConnell before the U.S. Supreme Court in the campaign finance cases, Cahill has been the nation’s most prominent defender of free speech, and legendary First Amendment litigator Floyd Abrams—who personally trained many of Cahill’s current litigators—remains Senior Counsel at the firm.  That heritage is very much alive:  the firm recently secured a Ninth Circuit victory for an industry-leading social media platform, blocking enforcement of a California law (AB 587) that would have compelled disclosure of the platform’s content moderation practices—the same constitutional ground on which AI labeling, provenance, and synthetic-media disclosure mandates are now being contested.

Recognitions

  • CahillNXT recognized as a leading firm for FinTech Legal: Blockchain & Cryptocurrencies (Band 1), Crypto-Asset Disputes (Band 2), and Fintech Legal (Band 4)
  • CahillNXT recognized among “The Elite” firms by Chambers USA
  • CahillNXT recognized as “Firm to Watch” in FinTech by The Legal 500 US
  • Co-Chair Lewis Cohen ranked in Band 1 by Chambers FinTech in the area of FinTech Legal: Blockchain & Cryptocurrencies
  • Co-Chair Sam Enzer named a Law360 MVP in FinTech
  • Co-Chair Sam Enzer ranked by Chambers FinTech in the areas of FinTech Legal: Blockchain & Cryptocurrencies and Crypto-Asset Disputes
  • Partners Sarah Chen and Gregory Strong ranked by Chambers FinTech in the areas of FinTech Legal: Blockchain & Cryptocurrencies
  • Partner Jason Schwartz ranked by Chambers USA and The Legal 500 US for tax