William Kraus

Partner | Litigation
Chair, FinTech and Blockchain

About

Mr. Kraus represents individuals and businesses involved in governmental and regulatory investigations, state and federal litigation, and alternative dispute resolution related to the financial industry. Since 2017, Mr. Kraus has focused his practice on legal and regulatory issues surrounding digital assets (e.g., bitcoin). Mr. Kraus is a partner at Pierson Ferdinand and serves as Chair of the firm’s FinTech and Blockchain practice group.

  • Among other clients, Mr. Kraus has advised digital asset exchanges and issuers, retail and institutional investors, developers, and traditional businesses in state and federal regulatory inquiries and settlements, class actions, and other litigation. Mr. Kraus also frequently advises clients on business disputes and on compliance requirements facing the digital asset industry and commercial use of blockchain technology. Mr. Kraus has also developed significant experience tracing and judicially recovering stolen cryptocurrency, and is a frequent author and presenter on legal and regulatory topics related to digital assets. More generally, Mr. Kraus has significant experience resolving investor disputes and investigations regarding alleged misconduct by registered representatives (e.g., market manipulation, fraud, and violation of FINRA rules), as well as managing internal investigations and complex commercial litigation related to the financial industry.

    Through his practice, Mr. Kraus has represented parties before the US Securities and Exchange Commission (SEC), US Commodity Futures Trading Commission (CFTC), US Department of Justice (DOJ), Financial Industry Regulatory Authority (FINRA), National Futures Association (NFA), CME Group Market Regulation, and various state agencies (e.g., New York State Attorney General, Illinois Department of Financial & Professional Regulation, and Illinois Securities Department). Additionally, Mr. Kraus assists clients with all aspects of litigation in state and federal forums, and has experience practicing before the Northern and Southern District of Illinois and Circuit Court of Cook County; Southern District of New York; Eastern and Western District of Michigan and various Michigan Circuit Courts; the Judicial Panel on Multidistrict Litigation; Courts of Appeals for the Second, Seventh, and Ninth Circuits; and the US Supreme Court. He also has a successful record of resolving disputes before the American Arbitration Association and JAMS, as well as before NFA and FINRA hearing panels.

    Prior to joining Pierson Ferdinand, William was a partner at FisherBroyles, LLP. Prior to that, William was a Shareholder and Chair of the Digital Asset and Blockchain practice at Butzel Long PC, and an attorney with the firms of Morgan, Lewis & Bockius LLP and Katten Muchin Rosenman LLP.


Practices

  • FinTech and Blockchain

  • Banking and Financial Services

  • Commercial Litigation

  • Litigation and Risk Management

  • Securities and Private Equity

  • White Collar Defense & Investigations

  • Class Action Defense

Admissions

  • Michigan

  • Illinois


Education

  • University of Michigan Law School, JD, 2009

  • University of Michigan, BA, 2005


Honors and Certifications

  • Chainalysis Reactor Certification

  • CipherTrace Cryptocurrency Tracing Certified Examiner

  • Thompson Reuters Super Lawyers 2024 Illinois Rising Star (Civil Litigation: Defense)

  • Thompson Reuters Super Lawyers 2024 Michigan Rising Star (Civil Litigation; Defense)

  • DBusiness Magazine 2022 Metro Detroit Top Lawyer (Commercial Litigation)

Experience

  • FisherBroyles, LLP

  • Morgan, Lewis & Bockius LLP

  • Katten Muchin Rosenman LLP

  • Butzel Long PC


Notable Experience

FinTech and Blockchain

  • Represented digital asset exchange and issuer in a class action asserting CEA, antitrust and fraud claims based on alleged manipulation of the price of digital assets.

  • Advised stablecoin issuer in regulatory issues with various state and federal agencies.

  • Advised major digital asset exchange in regulatory issues with various state and federal agencies.

  • Represented principal of token issuer in lawsuit asserting Securities Act and fraud claims based on alleged concealment of material information.

  • Advised token issuer on regulatory exposure under U.S. securities laws.

  • Advised gaming company regarding potential offering of customer reward NFT program.

  • Represented multiple individuals in the tracing and recovery of stolen BTC and ETH, including in claims filed in Singapore and the United Kingdom, as well as the filing of 28 U.S.C. 1782 applications seeking relevant discovery from VPN providers, payment processor, and digital asset exchange.

  • Advised on the tracing and identification of concealed digital assets pertinent to divorce proceedings.

  • Advised victims of “pig butchering” scam on tracing and law enforcement collaboration.

  • Advised individual in DOJ investigation regarding alleged wire fraud and other claims related to digital asset exploit.

  • Developed insider trading and other compliance policies for major digital asset exchange.

  • Advised trading firm in negotiating the release of digital assets seized by Drug Enforcement Agency.

  • Drafted relevant agreements on behalf of a mining operation seeking the use of an industrial facility.

  • Advised developer team on management of “rugpull” by third parties.

  • Advised virtual asset service provider on anti-money laundering requirements and integration of blockchain analysis in transaction screening.

  • Represented a high-frequency trading firm in regulatory inquiry regarding virtual currency trading.

  • Represented an industry group in the creation of a blockchain-based manufacturing network and digital asset.

  • Represented a blockchain consultancy regarding the receipt of digital assets as payment.

  • Advised numerous startups regarding regulatory issues surrounding the issuance of digital assets, money transmission, and state/federal licensure.

Financial Litigation, Investigations, and Dispute Resolution

  • Represented a global financial institution in response to a CFTC investigation regarding potential spoofing activity by a trader.

  • Represented the managing director of a financial services company in response to an SEC investigation regarding representations made to subscribers of electronic trading platform.

  • Represented a multinational financial services company in an internal investigation regarding employee misconduct.

  • Represented a financial services company in a FINRA investigation alleging fraudulent activities by a representative.

  • Represented an investment firm in an internal investigation regarding potential frontrunning by an employee.

  • Represented a global financial institution in an SEC investigation regarding use of electronic equity market making strategies.

  • Represented a financial exchange in an internal investigation into alleged employee misconduct.

  • Represented an investment adviser in an SEC investigation regarding compliance with disclosure requirements pursuant to the Investment Advisers Act of 1940.

  • Represented an investment adviser in an internal investigation and with regard to potential self-reporting to FINRA.

  • Represented a financial professional before a NFA Hearing Panel, the NFA Appeals Committee, and the CFTC.

  • Represented a commodities merchant in parallel CFTC and CME investigations alleging market manipulation.

  • Represented group of twenty-seven IPO issuers in connection with action alleging violation of Section 16b of the Exchange Act. Drafted motions and briefs before the Court of Appeals for the Ninth Circuit and the United States Supreme Court.

  • Represented global financial institution in multidistrict litigation of over thirty class actions alleging manipulation of LIBOR and related internal investigation. Managed responses to regulatory inquiries by six international regulatory bodies, including DOJ, CFTC, and SEC. Managed over 1 TB of data collection, processing, and production, including direct management of twenty-three reviewing attorneys.

  • Represented various international financial institutions in unrelated claims brought by the U.S. Department of Justice, U.S. Securities and Exchange Commission, U.S. Commodity Futures Trading Commission, National Futures Association, FINRA Market Regulation Department, Illinois Securities Commission, New York Attorney General, U.K. Financial Services Authority, British Virgin Islands Financial Services Commission, and Ontario Securities Commission.

  • Represented international brokerage firm before FINRA arbitration panel seeking $48 million in damages and related internal investigation. Thirteen-day arbitration resulted in denial of all claims.

  • Represented insurer in arbitration regarding recoupment of overpayment to policy beneficiary.

  • Represented trading firm with regard to affirmative litigation against departing employees alleged to have misappropriated proprietary trading strategies.

Corporate Litigation and Investigations

  • Represented medical services provider in federal prosecution alleging Medicare fraud. Managed internal investigation, including interview of twenty-nine employees.

  • Represented medical manufacturer in twenty-one state or federal product liability actions related to the use of continuous infusion devices.

  • Represented manufacturer in federal litigation relating to non-payment by customer.

  • Represented international telecommunications manufacturer in licensing dispute; alleged damages in excess of $18 million.

  • Represented real estate investment company in putative class action; alleged damages in excess of $100 million.

  • Advised gaming company with regard to attempted domain seizure by governmental entity.

Presentations and Teaching Experience

  • “The Biden EO: Six Months Later,” Law & Crypto, September 21, 2022

  • “Tornado Cash Sanctions,” Law & Crypto, September 6, 2022

  • “Insider Trading and SEC Jurisdiction,” Law & Crypto, July 26, 2022

  • “Grayscale vs. SEC,” Law & Crypto, July 12, 2022

  • “Analysis of the 2022 Bitcoin Crash,” Law & Crypto, June 21, 2022

  • “Analysis of OpenSea Insider Trading Lawsuit,” Law & Crypto, June 7, 2022

  • “A Legal Breakdown of UST,” Law & Crypto, May 24, 2022

  • “California’s Executive Order on Crypto; Recent SEC Hiring,” Law & Crypto, May 10, 2022

  • “Is Your Crypto a Security?” Law & Crypto, April 26, 2022

  • “Analysis of Uniswap Lawsuit,” Law & Crypto, April 19, 2022

  • “U.S. Treasury Department Developments,” Law & Crypto, April 12, 2022

  • “The Biden Executive Order on Digital Assets,” Law & Crypto, April 5, 2022

  • “What is Blockchain and Cryptocurrency? What Does it Mean For Your Business?” We Mean Business 2022 Virtual Conference, February 16, 2022

  • “High-Value International Recoveries,” OffshoreAlerts vGlobal 2021, December 8, 2021

  • “So You Want To Buy A Blockchain Company: Considerations for Corporate Transactions,” Blockchain @ Butzel, June 15, 2021

  • “The Dark Side of Crypto: Navigating Cybersecurity Incidents and Ransom Demands,” Blockchain @ Butzel, May 26, 2021

  • “Blockchain Take the Wheel: Potential Applications for Blockchain in the Automotive Industry,” Blockchain @ Butzel, April 13, 2021

  • “From Orange Groves to Blockchain: Financial Regulation of Digital Assets,” Blockchain @ Butzel, April 6, 2021

  • “Is Bitcoin illegal? Also, what’s a Bitcoin?: An Introduction to Digital Assets and Law,” Blockchain @ Butzel,” March 30, 2021

  • “Cybersecurity, Cryptocurrency and Trade Secrets: Protection, Legal Issues, and Business Applications,” German American Business Council of Michigan, March 16, 2021

  • “Bitcoin, Blockchain and Business: An Introduction for Small Businesses,” Small Business Association of Michigan, May 4, 2021

  • “Cryptocurrency and Evolving Regulations,” Michigan Law School Privacy Law and Technology Association, October 2020

  • “Blockchain: What is it and how is it used and regulated?” Federal Communications Bar Association, May 2020


In the News

  • Quoted, Cointelegraph, SEC crackdown on crypto staking in the US could boost decentralization (May 2, 2023)

  • Quoted, Yahoo!Finance, Binance CEO Lawyers Up Amid ‘Chilling’ U.S. Crypto Regulatory Climate (April 26, 2023)

  • Quoted, The FinTech Times, NFTs: Hype and Applications With HitPiece, peaq, FisherBroyles, MADworld, Mighty Bear Games and 5WPR (March 30, 2023)

  • Quoted, dBusiness Magazine, Protecting Data (September 2021)


Publications

  • Client Alert: California DOJ Takes Aim at Crypto Trading Platforms: What You Need to Know, September 19, 2024

  • Client Alert - The Law of r/WallStreetBets (December 2, 2021)

  • Client Alert - The Ripple Effect: SEC v. Ripple Labs, Inc. and the Potential Impact on the Digital Asset Marketplace (January 12, 2021)

  • Client Alert - Quick Take: The STABLE (Stablecoin Tethering and Bank Licensing Enforcement) Act (December 8, 2020)

  • Client Alert - Quick Take: Binance Holdings Limited v. Forbes Media LLC (November 25, 2020)

  • Client Alert - Prosecution of Crypto Mixer Reflects Increased Regulatory Scrutiny (September 27, 2021)

  • JDSupra, Bitcoin 101: Halves, Halving, and ‘the Halvening’ (May 13, 2020)