Nominated as one of Coindesk's Most Influential People in Blockchain in 2017, Andrew "Drew" Hinkes is a partner in the firm's Payments, Banking Regulation, and Consumer Financial Services group and co-chair of the firm's Digital Assets industry group. A noted trailblazer in the digital assets legal world, Drew's practice covers both domestic and cross-border matters. Drew has advised diverse clients ranging from startups to multinational regulated businesses regarding securities regulation, payment systems, token distributions, money services business and money transmitter regulation, lending and staking, secured transactions including digital asset collateral, structuring and governance of DeFi protocols and applications, Decentralized Autonomous Organizations (i.e. DAOs) and similar decentralized entities, anti-money laundering compliance, non-fungible tokens (NFTs), stablecoins, and other related technologies. Drew's practice includes litigation of issues of first impression related to digital assets, counseling clients as to risks related to new products and services including digital assets, and drafting agreements for digital asset-related services and products.
Drew's contributions to the law of digital assets go far beyond his representation of clients. From 2018-2022, Drew was an Adviser to the Uniform Law Commission as part of its study of digital assets, and later, as part of its drafting revisions to the Uniform Commercial Code, culminating in the publication of the 2022 Amendments to the Uniform Commercial Code, including new Article 12 which incorporates digital assets into the UCC as controllable electronic records. Drew is also an Observer to the UNIDROIT Working Group on Digital Assets and Private Law where he has participated in the study and drafting of principles of law related to digital assets and private law. Drew has also advised the Law Commission of England and Wales on issues related to DAOs. Drew is also the Co-Chair of the American Bar Association Business Section Uniform Commercial Code Emerging Technologies Subcommittee.
Drew also helps to train the next generation of lawyers tackling complex legal questions related to digital assets as an Adjunct Associate Professor at New York University Stern School of Business and an Adjunct Professor of Law at the NYU School of Law, where Drew has co-taught “Digital Currency, Blockchains and the Future of the Financial Services Industry” to JD/MBA students since 2018, and taught Governance of Bitcoin and Cryptocurrency Systems to students in the NYU Master of Science in Cybersecurity Risk and Strategy program. Drew was also appointed as a lecturer at Externado Universidad de Colombia, based in Bogota, Colombia where he taught a comparative international crypto regulation class. Drew has delivered lectures related to digital assets at universities on 4 continents (including University of Chicago, NYU, University of Pennsylvania, UCLA, Northwestern, Externado Universidad de Colombia, Max Planck Institute for Procedural Law and Singapore Management University). Drew is a frequent speaker and writer on topics related to digital assets, with a particular focus on decentralized ventures, insolvency and digital assets, and regulation of digital assets, and is frequently quoted for his insights into digital assets and regulation, including quotes by the New York Times, Bloomberg, American Banker, MIT Technology Review, Time Magazine, Barrons, and Coindesk, among others. In 2020, Drew co-authored a textbook, “Digital Assets and Blockchain Technology: U.S. Law and Regulation,” which is widely used to teach the regulation of digital assets at law schools around the world.
Prior to joining the firm, Drew was a partner at a Chambers–rated Florida-based law firm, and a co-founder and general counsel of a digital asset focused start-up technology company.
- Recognized by The Legal 500 United States as a Recommended Attorney for Finance: Fintech, 2023
- Nominated as one of Coindesk’s Most Influential People In Blockchain, 2017
- Daily Business Review, Florida Legal Trailblazer, 2019
- Named to Florida Super Lawyers list, 2018-2019
- South Florida Legal Guide, Top Up and Comer, 2016-2017
- Named to Florida Rising Stars list, 2013-2015
- New York University Stern School of Business, Adjunct Associate Professor, (2018-present)
- NYU School of Law, Adjunct Professor of Law, (2018-present)
- American Bar Association, Business Section, Uniform Commercial Code Committee, Emerging Technologies Subcommittee, Co-Chair (2022-2023)
- UNIDROIT Working Group on Digital Assets and Private Law, Observer, 2020-present
- Uniform Law Commission/American Law Institute Digital Assets Working Group, Adviser, 2019-2022
- Business Section of The Florida Bar, Blockchain and Cryptocurrencies Committee, Member, 2017-present
- Digital Currency and Ledger Defense Coalition, Member, 2018-present
- Panelist, “Artificial Intelligence, Law, Ethics, and Policy,” SMU Dedman School of Law, 23 February 2024
- Speaker, “Digital Asset Fundamentals for Charitable Giving,” Planned Giving Council of Broward County, 17 January 2024
- Panelist, “WashU Reception and Panel: Cryptocurrency - Current Trends, Regulations, and What's Next,” 29 November 2023
- Panelist, “Crypto is Here.” ABI Southeast Bankruptcy Workshop, Amelia Island, FL, 20 July 2023
- Panelist, “Introducing Article 12 of the UCC,” Florida Bar Annual Conference, Boca Raton, FL, 21 June 2023
- Panelist, “Introducing Article 12 of the Uniform Commercial Code,” ABA Business Section Hybrid Spring Meeting, Seattle, WA, 29 April 2023
- Panelist, “Defi and Derivatives,” New York State Bar Association, New York, NY, 12 April, 2023
- Panelist “Article 12: Upgrades to the UCC for the Digital Age,” New Hampshire Bar Assn, 6 April 2023
- Panelist, “Crypto Bankruptcy” ABI Paskay Memorial Bankruptcy Seminar, Tampa, FL, 22 Feb 2023
- Speaker: “Crypto and AML” Cypher X, University of Pennsylvania, 15 Feb 2023
- Panelist, “Crypto Law,” Quantum Miami, Miami, FL, 25 January, 2023
- Speaker, “Law of Code” Podcast, 13 December 2022
- Panelist, “Digital Asset Regulatory Landscape,” Fordham Blockchain Regulatory Symposium, New York, NY, 3 October 2022
- Panelist, “Digital Economy Relationships: Digital Asset Remedies,” CODIFI: The HCCH Conference on Commercial, Digital and Financial Law, 15 September 2022
- Panelist, UNIDROIT Private Law Workshop on Issues regarding Enforcement Against Digital Assets, 10 June 2022
- Speaker: The Limits of Code Deference, CBER Forum, 6 April 2022
- Panelist: “Innovations in Capital Markets: Future of Crypto-Digital Assets,” “The Rise of Non-Fungible Tokens,” University of Pennsylvania, Penn Law Capital Market Association, Philadelphia, PA, April 4, 2022
- Panelist: “Blockchain and Cryptocurrency: Novel Issues in Commercial Litigation” “iLaw 2022,” Florida Bar International Law Section, Miami, FL, April 1, 2022
- Panelist: “The Metaverse and the Law” FIU SEFA Metaverse Symposium, Miami, FL, 25 March 2022
- Speaker: “Crypto for CEO’s,” Broward Workshop, Fort Lauderdale, FL, 2 March 2022
- Speaker: “Crypto for Mayors,” United States Conference of Mayors, Miami Beach, FL, 3 March 2022
- Guest Lecturer, “Entrepreneurship and the Law,” UCLA Andersen School of Law, 31 January 2022
- Panelist, “Digital Assets: A global perspective from leading legal experts,” GREAT Legal Futures, Miami Beach, FL, 1 November 2022
- Panelist, “CLE: Financial Fraud: A Deep Dive Into What Causes It, How You Recognize and Fight It, and Why We Can’t Stop It,” Business Law Section of Florida Bar Annual Labor Day Retreat, Naples, FL, 3 September 2022
- Guest Speaker, “Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant?,” Unchained Podcast, 30 August 2022
- Moderator, “Crypto and NFTs: Tax and Legislative Update for Family Offices,” Larry Kraus Family Office Tax Institute, 2 August 2022
- Speaker, “Fintech and Privacy,” Northwestern University Journal of International Law and Business Symposium, Chicago, IL, Mar. 3, 2021
- Moderator, “DeFi Panel,” The North American Bitcoin Conference, Miami, FL, Jan 28, 2021.
- Panelist, “Commercial law in the 21st Century,” Association of American Law Schools, January 5, 2021
- Guest Lecturer: “Entrepreneurial Strategy and Law,” UCLA Anderson School of Law, Los Angeles, CA, November 5, 2020.
- Guest Lecturer: “State Legislation” for “Blockchain Digital Currency and Law,” Penn State Dickinson School of Law, Carlisle, PA, October 26, 2020.
- Guest Lecturer: “Securities” for “Blockchain & Cryptocurrency Law,” Nova Southeastern Shephard Broad Law Center, Davie, FL October 20, 2020.
- “THE 20/20 VISION: BLOCKCHAIN & THE FUTURE OF LAW SYMPOSIUM,” Paper Presenter and Panelist, University of Iowa, Journal of Corporation Law, October 16, 2020.
- “Emerging Issues Related to Cryptocurrency” International Association of Financial Crimes Investigators Training Session, Oct. 6, 2020.
- “Governance of Blockchain Systems,” CLE Presentation, at Wyohackathon Blockchain Stampede, Cheyenne, WY, September 24, 2020.
- “Secured & Custodial Transactions involving Crypto Assets,” Presenter and Panelist, UNIDROIT Exploratory Workshop on Digital Assets and Private Law, (Virtual) Sept. 17, 2020.
- “Crypto Legal Update,” Presenter, Southeastern Association of Law Schools, Fort Lauderdale, FL, July 30, 2020.
- “Regulation of Central Bank Digital Currencies,” Cardano Virtual Summit, 2020, July 2, 2020.
- Guest Lecturer: “Blockchain, Virtual Currencies, and Tokens: Business and Legal Issues,” Fordham University School of Law, New York, NY. March 20, 2020.
- “Blockchain, Cryptocurrency, and Insurance,” Panelist, ABA Tort Trial and Insurance Practice Section,Annual Conference, Phoenix, AZ., Feb. 21, 2020.
- “Bagels & Blockchain,” Eisner Amper, New York, NY, Feb. 19, 2020.
- “Crypto Regulatory Panel,” Moderator, The North American Bitcoin Conference, Miami, FL, Jan.16, 2020.
- “A Contentious Currency – The Law and Politics of Bitcoin,” Max Planck Institute Luxembourg, Luxembourg, Nov. 15, 2019.
- Cryptoasset Regulation Symposium, University of Arkansas School of Law, Fayetteville, AR, Oct. 25, 2019.
- “The Fourth Amendment, Third Party Doctrine and Cryptocurrencies,” Block(Legal)Tech, Chicago, IL, Oct. 24, 2019.
- “Is Blockchain the New Internet for Sports and Entertainment?” Annual Conference for ABA Forum on the Entertainment and Sports Industries, Las Vegas, NV. Oct. 13, 2019.
- “Bitcoin, Blockchain and Insurance, Panelist,” APCIA National General Counsel Conference, Baltimore, MD. Sept 23, 2019.
- “Tokens and Securities Law,” WyoHackathon, Laramie, WY, Sept. 19, 2019.
- “Digging Deeper into Blockchain; Regulatory & Legislative Updates,” Panelist, 2019 American Bar Association Business Section Annual Meeting, Washington DC, Sept.14, 2019.
- “Cryptocurrency Comes of Age; Notable Regulatory Actions and a Look Ahead,” Panelist, Federal Bar Association Annual Meeting & Convention, Tampa, FL, Sept. 6, 2019.
- Regulatory Panel, Southeastern Association of Law Schools, Boca Raton, FL, Jul. 31, 2019.
- “Cryptoassets and Evidence” Florida Bar Annual Conference, Orlando FL, with Zachary Cantazaro, Daniel Maland, Joshua Schmidt.,Jun. 28, 2019.
- The Bitcoin Taxes Podcast. Jun. 24, 2019.
- “Coindesk Live,” Consensus 2019, May 15, 2019.
- “Reinventing the Wheel: Security Tokens as a New Asset Class,” Consensus 2019, Markets Stage, May 14, 2019.
- MIT Enterprise Forum of South Florida, at CIC Miami, Mar. 20, 2019.
- Guest Lecturer, “Digital Currencies, Blockchains, and the Future of Financial Services,“ New York University School of Law, New York, New York. Apr. 15, 2019.
- “Cryptocurrency and Blockchain: Markets, Models and Opportunities,“ Guest Lecturer, University of Chicago Booth School of Business, Chicago, IL, Feb 28, 2019.
- CLE Webinar: “CRYPTOCURRENCY | BENEFITS & RISKS OF ITS USE WEBINAR PART 3,” New York State Bar Assn, Panelist, with Ron Hedges and Tracy Molino, Feb 26, 2019.
- “Tokenization of Securities,” at KoreConX’s KoreSummit, Panelist, with Gregory Strong, Robin Sosnow, and Simon Riveles, in Miami, Florida, Feb 20, 2019
- “Security Token Offerings,” Moderator, The North American Bitcoin Conference, Miami, FL, Jan. 17, 2019.
- “Structuring Token Offerings of the Future,” Moderator, BlockchaingeDC, Washington DC, Jan. 14, 2019.
- “Tax and Estate Planning for Crypto Assets,” Chicago Estate Planning Council, Chicago, IL, December 13, 2018.
- CLE Webinar: “CRYPTOCURRENCY | BENEFITS & RISKS OF ITS USE WEBINAR PART 1,” New York State Bar Assn,Panelist, with Ron Hedges and Tracy Molino, Dec. 10, 2018.
- “Blockchain Technology Overview and Regulatory Landscape,” Panelist, NASAA Corporation Finance Training, New Orleans, LA, Nov. 27, 2018.
- “Interview with Drew Hinkes,” The Cryptolaw Podcast, Nov. 4, 2018.
- Guest Lecture, DPELC-MSL Speaker Series, Northwestern University, Oct. 23, 2018.
- “Cryptocurrencies and Securities Fraud,” Panelist, PIABA Annual Conference, Bonita Springs, FL, Oct. 10, 2018.
- “Cryptocurrency/Blockchain Regulation: Beyond the Basics,” Nova Southeastern University, Oct. 8, 2018.
- “Show Me the Money: Cryptocurrency Trading and Investment Concerns,” with John Roth and Karl Muth, Block(Legal)Tech, Chicago Kent College of Law, Aug. 9, 2018.
- “Cryptocurrencies, Blockchains, and Real Estate Innovation,” Florida CCIM, Miami, FL, Jul. 13, 2018.
- “Impact of Blockchain,” Panelist, Florida Bar Annual Convention, Orlando, FL, Jun. 13, 2018;
- “Bitcoin and Blockchains: The Basics and Beyond”, Panelist, Heritage Foundation Resource Bank Meeting, Fort Lauderdale, FL, Jun. 6, 2018;
- Blockchain and Real Estate Round Table, with Todd Miller, George Mason University Center for Real Estate Entrepreneurship, Fairfax, VA, May 22, 2018;
- “Initial Coin Offerings,” Panelist, 2018 Blockchain Technology, Digital Currency and ICO National Institute, New York, NY, Apr. 27, 2018;
- “How Blockchain Will Disrupt The Real Estate Industry,” George Mason Center for Real Estate Entrepreneurship, Apr. 24, 2018.
- “Bitcoin and Blockchain Basics,” Panelist, Business Section of the Florida Bar Intellectual Property Section, 2018 IP Symposium, St. Petersburg, FL, Apr. 13, 2018.
- “KodakOne and Blockchain for Photographers,” B&H Photography Podcast, Mar. 23, 2018.
- “Smart Contracts and Real Estate,” Credit Suisse Real Estate Blockchain Seminar, New York, NY, Jan 16, 2018;
- Investing in ICOs and Token Sales, Panelist, World Funding Summit, Los Angeles, CA, Nov, 18, 2017;
- Fintech and International Trade, Panelist, Lynn University International Business Symposium, Boca Raton, FL, Nov, 15, 2017;
- “Bitcoin Bootcamp,” Miami Beach Law and Technology Council Dinner, Miami Beach, FL, Oct. 19, 2017:
- Bitcoin, Blockchains, and Real Estate; Miami Realtors RCA Commercial Conference, Coral Gables, FL, Oct. 13, 2017;
- “Blockchain Bootcamp,” Law Review Symposium: Entrepreneurship 2.0, at Nova Southeastern University, Davie, FL, Oct. 6, 2017;
- “Regulatory Update,” Panelist, BlockchainDC, Washington D.C., Jul. 28, 2017;
- “ICOs and a Survey of Florida Law,” Wyncode Academy, Miami, FL, Jun. 3, 2017;
- “Bitcoin and Matrimonial Law,” American College of Matrimonial Lawyers, 39th Annual Institute, Orlando, FL, May 4, 2017;
- “What Every Estate Planner Needs to Know About BITCOIN, Virtual Currency Transfers, Taxes and the Evolving Law and Regulations,” Notre Dame Tax & Estate Planning Institute, South Bend, IN, Oct. 29, 2016;
- “Smart Contracts and Decentralized Autonomous Organizations, Panelist, Blockchain DC, Washington D.C. Aug. 2, 2016;
- “BitCounting,” American Women’s Society of Certified Public Accountants, Boca Raton, FL, Jul. 25, 2016;
- Consumers’ Research Bretton Woods 2016 Conference, Workshop Participant, Bretton Woods, NH, Jul. 10-13, 2016;
- “Beyond Bitcoin; How Blockchain Will Change Real Estate Forever,” Panelist, MIT World Real Estate Forum, Cambridge, MA, May 20, 2016;
- “Bitcoin for Lawyers: Bitcoin, Virtual Currencies, and the Law,” The Bar Association of Montgomery County, Maryland, Rockville, MD, Feb. 4, 2016;
- “Blockchain: The Next Big Thing in Capital Markets?” Panelist, Misys Connect Forum Americas, Miami, FL, Nov. 10, 2015;
- “Bitcoin and Real Property,” with Wilhelmina Kightlinger, American Bar Association Real Property & Trust and Estates Spring Symposium, Washington DC, Apr. 30, 2015;
- “Bitcoin and Real Property,” Old Republic Title Company Annual Conference of Counsel, Tampa, FL Apr. 16, 2015;
Prior to his legal career, Drew worked in computer consulting and for an international bank.
- “Implications For Digital Assets After SEC Settlement With DAO,” Law360, February 13, 2024
- “5 Ways Fed Crypto Statement Affects State Member Banks,” Law360, 27 February 2023
- “SEC v. Wahi: An Enforcement Action Impacting the Broader Crypto/Digital Assets and Investment Management Industries,” The Investment Lawyer, November 2022
- “Opinion: Why Crypto Needs UCC Article 12,” CoinDesk, October 2022
- Contributor, The International Journal of Blockchain Law (IJBL), Global Blockchain Business Counsel (GBBC), November 2021
- Andrew M. Hinkes, The Limits of Code Deference, 46 J. Corp. L. 869 (2021)
- Autonomous Businesses (2021, expected), in Carla Reyes and Kristin Johnson, Handbook on Artificial Intelligence and the Law, Cambridge University Press.
- Autonomous Businesses (2023, expected), in Carla Reyes, Handbook on Artificial Intelligence and the Law, Cambridge University Press.
- Thomsen EA, Hinkes AM. NFT Licensing: Three Mistakes to Avoid. The Licensing Journal. 2023;43(1):8-10.
- Digital Assets and Blockchain Technology: U.S. Law and Regulation, Edward Elgar, (2020)(with Daniel Stabile and Kimberly Prior).
- “Recovery by ICO Token Investors May be Challenged in Bankruptcy,” Carlton Fields, Aug. 12, 2020, (with Adam Smith).
- “Bank Regulator Clarifies Crypto Custody Rules,” Carlton Fields, July 23, 2020 (with Justin Wales and Matt Kohen).
- “Is Cryptocurrency Use a Badge of Fraud?” Carlton Fields, July 6, 2020 (with Ilan Nieuchowicz).
- “The Coming Storm: DeFi and Bankruptcy Courts,” Carlton Fields, June 24, 2020 (with David Gay).
- “US Supreme Court’s Computer Fraud Ruling Has Big Implications for Crypto,” Coindesk, June 16, 2020.
- "Impact of New State Sales and Use Tax Laws on Remote Commerce," Bloomberg Law, July 3, 2019.
- “How State Remote Sales and Use Tax Statutes May Impact Crypto Assets," Bloomberg Law, July 3, 2019.
- Andrew M. Hinkes, THROW AWAY THE KEY, OR THE KEY HOLDER? COERCIVE CONTEMPT FOR LOST OR FORGOTTEN CRYPTOCURRENCY PRIVATE KEYS, OR OBSTINATE HOLDERS, 16 Nw. J. Tech. & Intell. Prop. 225 (2019).
- “Discovering Cryptoassets: A Journey into the Unknown,” ABA Pretrial Practice & Discovery Newsletter, Spring 2019.
- “The Security Token Market Needs Better Lingo,” CoinDesk, Feb. 9, 2019.
- “How Tokenized Private Placements of Securities and the Development of Markets will Create Trading Liquidity and Enhance Demand,” Medium.com, Jan. 3, 2019.
- “The Past, Present and Near Future of Cryptocurrency Regulation,” yBitcoin, May 15, 2018.
- “OFAC’s Bitcoin Blacklist Could Change Crypto,” CoinDesk, Mar. 24, 2018, with Joseph Ciccolo.
- “Florida's Money Laundering Statute Won't Affect Most Bitcoin Users,” CoinDesk, Apr. 28, 2017.
- "Protecting Consumers in the Digital Currency Economy," Consumers’ Research, Oct. 25, 2016, (Contributing Author).
- “Blockchain and Title: The Distant Frontier.” ALTA Title News, Sept. 2016.
- "Why Florida's Bitcoin Ruling Could Lead to Legislative Action," CoinDesk, Aug. 3, 2016.
- "Hacks Happen: What Are Your Rights in Florida If You Are Hacked?" Daily Business Review, Jun. 22, 2016.
- "A Legal Analysis of the DAO Exploit and Possible Investor Rights," Bitcoin Magazine, June 21, 2016.
- “The Law of The DAO,” CoinDesk, May 19, 2016.
- "Bitcoin In Bankruptcy: Is It Commodity Or Currency?" Law360, Feb. 18, 2016.
- "Beyond Regulation: Why Bitcoin's Pressing Problem is Civil Law,” CoinDesk, Feb. 2, 2016.
- "Why Private Blockchains will not Replace Relational Databases (yet)," The Business Journals, Jan. 19, 2016.
- “Why Lawyers Collecting Judgments Need to Understand Bitcoin," The Business Journals, Aug. 19, 2015.
- “False Alarm: Why The Japanese Ruling May Not Spell Doom for Bitcoin Ownership Rights,” Bitcoin Magazine, Aug. 17, 2015.
- "What Bankruptcy Trustees Need To Know About Bitcoin," Law360, Jun. 8, 2015.
- "Two Key Lessons from Sand Hill Exchange," Bitcoin Magazine, May 6, 2015.
- “A Closer Look At Florida’s Attempt To De-Anonymize Websites,” Law360, Mar. 20, 2015.
- “Blockchains, Smart Contracts, and the Death of Specific Performance,” Inside Counsel, Jul. 29, 2014.
- Quoted, “BINANCE: Appeals Court Revives Securities Class Action Lawsuit,” Class Action Prospector, 15 March 2024
- Mentioned, “Binance Lawsuit Verdict Overturned By Appeals Court,” Oxzx.com (China), 10 March 2024
- Mentioned, “Appeals court overturns Binance lawsuit verdict,”Cryptopolitan, Biance Square, and CN Gold (China), 9 March 2024
- Quoted, “There is a Disturbing Development for Binance from the USA: The Decision in Favor of the Stock Exchange Has Been Overturned,” Crypto News, Bitcoin Sistemi (Turkey), 9 March 2024
- Quoted, “Appeals Court Revives Aspiring Class Action Lawsuit Against Binance,” Coindesk, Yahoo! Finance, Trading Views, News Explorer, Business News, 8 March 2024
- Quoted, Crypto Regulation Camps Divided in U.S., Lawmakers Draw Lines and Choose Sides, Feb 20, 2023, BeInCrypto.com
- Quoted, ‘Unworkable’ bill to ban blockchain immutability is introduced in Illinois, Feb 20, 2023, Cointelegraph.com
- Quoted, Meet the K&L Gates Partner Who Wants Crypto to Be Better Regulated, National Law Journal, Feb 14, 2023
- Quoted, SEC Cedes No Ground on Crypto With Coinbase Insider Trading Case, Bloomberg Law, 25 July 2022
- Quoted, "Digital Future Daily: Crypto meets the suits," Politico.com, 25 May 2022
- "TNABC: Future regulations in the world of cryptocurrencies," CriptoTendencia.com, 18 January 2022
- Quoted, "New Hampshire man sues IRS over data collected from cryptocurrency accounts," WashingtonTimes.com, 26 July 2021
- Quoted, "House Moves to Consider Unamended Infrastructure Bill," CoinDesk.com, Nasdaq.com, and Yahoo.com, 25 August 2021