Blog - Montague Law

The Digital Asset Market Clarity Act of 2025

The Digital Asset Market Clarity Act of 2025 (H.R. 3633) introduces the first comprehensive U.S. framework for regulating crypto assets, clarifying when a token is a security or a commodity—and which agency has jurisdiction. By defining key blockchain terms, outlining token lifecycle transitions, and establishing dual registration regimes under the SEC and CFTC, the Act offers long-awaited regulatory certainty for startups, exchanges, and investors navigating the evolving digital asset ecosystem.

Unlocking Tax-Free Wealth: A Practical Guide to QSBS for Startup Founders

Unlock the power of QSBS and discover how startup founders can turn equity into a tax-free windfall. This guide breaks down Qualified Small Business Stock (QSBS) eligibility, tax savings of up to $10 million, and critical steps entrepreneurs must take to preserve this valuable exemption. Whether you’re planning your next fundraising round or structuring a cap table, understanding QSBS could mean millions in tax savings.

Profits Interests vs. Capital Units: Why Private-Equity Sponsors Still Need the 83(b) Election

Profits interests ensure tax-efficient carried interest with zero grant-date value, avoiding payroll traps. The 83(b) election locks in $0 valuation, secures capital-gain treatment, and protects early exits under IRS rules (Rev. Proc. 93-27, 2001-43).

Understanding the GENIUS Act

The GENIUS Act could redefine how stablecoins are issued and regulated in the U.S., offering startups a clear path to compliance with built-in protections for consumers. This article breaks down the Act’s core provisions and explains how it lowers barriers for innovators while strengthening trust in the digital dollar ecosystem.

Digital Asset Market Structure Discussion Draft

The discussion draft divides regulatory authority between the CFTC and the SEC, establishing dual registration regimes for intermediaries and trading platforms, carving out exemptions for legitimate DeFi activity, and directing both agencies to coordinate rules and avoid redundant oversight. The bill replaces today’s fragmented enforcement-based model with a proactive legal framework that balances consumer protection with U.S. digital asset competitiveness.

Montague Law | Crypto and Venture Capital Lawyer

SEC Commissioners Are Subtweeting Each Other—and Crypto’s Caught in the Crossfire

A quiet footnote from SEC Chair Gary Gensler just sparked a not-so-quiet rebuke from Commissioner Mark Uyeda—exposing deep rifts inside the agency over how to regulate crypto. With no clear rules and rising public tension, the SEC’s internal divide may be the biggest threat to digital asset clarity yet.

X’s New Block Policy: A Double-Edged Sword for User Privacy and Platform Transparency

X’s quiet update to its blocking feature means users you block can now still see your posts. While framed as a win for transparency, this shift could have real legal and safety implications—from harassment risks to potential violations of app store policies.

New SEC No-Action Letter for Offerings Under Rule 506(c)

A new SEC no-action letter may make it significantly easier for issuers to verify accredited investor status in Rule 506(c) offerings. Learn how investor representations, check size, and a lack of red flags could streamline compliance—and what limits still apply.

Robo-Due Diligence: Top Legal Issues in Robotics Venture Capital

From open-source license landmines to product liability nightmares, investing in robotics isn’t your typical venture play. This article dives into the real legal and strategic issues VCs face in robotics—from IP tangles and regulatory fog to murky moats and malfunctioning hardware. If you’re funding the future, start here.

Technology in M&A

In tech M&A, the biggest risk isn’t hidden in the numbers—it’s buried in the code. Technology classification is the key to understanding what you’re really buying. From open-source exposure to IP gaps, this process protects valuation, streamlines diligence, and ensures clean, enforceable deals. Here’s how to get it right.