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An introduction to stablecoins for lawyers

Stablecoins are in the news on a daily basis. Major banks are considering releasing their own stablecoins. Governments have started regulating them. On 18 July 2025, the US government, e.g., signed a law to create a regulatory regime for dollar-pegged stablecoins. So, this is the first of two articles on stablecoins. In this article, we answer the following questions: What are stablecoins? Why do they matter? What are the different types of stablecoins? And how do they relate to other cryptocurrencies? In the next article, we will then focus on the legal aspects of stablecoins.

What are stablecoins?

Wikipedia describes a stablecoin as “… a type of cryptocurrency where the value of the digital asset is supposed to be pegged to a reference asset, which is either fiat money, exchange-traded commodities (such as precious metals or industrial metals), or another cryptocurrency.”

So, what are we talking about? Stablecoins are a category of digital assets that are specifically designed to maintain a stable value. They achieve this by being pegged to a reference asset, typically a fiat currency like the US dollar or euro. Traditional cryptocurrencies such as Bitcoin or Ethereum are known for their price volatility. Stablecoins on the other hand aim to offer the benefits of blockchain technology, such as fast, borderless, and programmable transactions, but without the associated price fluctuations.

Why do they matter?

Stablecoins have become the backbone of many digital asset transactions. They offer the benefits of cryptocurrency, like speed, low cost, and global reach, while avoiding its biggest flaw: volatility. With stable value, they make it possible to trade, lend, borrow, and transfer money on blockchain platforms without worrying about large price swings. This makes them attractive not just to crypto users, but also to businesses, fintech companies, and even central banks.

Stablecoins are already widely used on cryptocurrency exchanges as quote currencies (e.g., USDT or USDC pairs). They enable traders to move in and out of volatile assets without relying on fiat bank transfers. In cross-border payments, stablecoins enable near-instant remittances with lower fees compared to traditional money transfer services. This is especially the case in regions with unstable banking systems. Additionally, stablecoins are used for borrowing, lending, and staking. They allow users to earn interest or participate in decentralized governance while maintaining exposure to a relatively stable asset. They have also become critical tools for avoiding capital controls and hyperinflation in countries with unstable currencies.

Let’s put things in perspective: in 2024, over 70% of trading volume on major cryptocurrency exchanges was settled using stablecoins. Beyond trading, stablecoins are now used for cross-border payments, employee payroll, and remittances. Some stablecoins are accepted by merchants and payment processors, integrating them into the real economy. Stablecoins have even seen growing use in countries with unstable currencies, where they serve as a hedge against inflation. This trend is expected to grow, especially in emerging markets.

Notably, the total supply of stablecoins has grown significantly: as of mid-2025, the combined market capitalization of major stablecoins exceeds 150 billion USD.

What are the different types of stablecoins?

Wikipedia mentions 3 different types, but the literature mentioned in the sources below also discuss a fourth one. They can be grouped into distinct types based on how they maintain their price stability. Each of these approaches reflects a different mechanism for achieving price parity with a target asset.

Fiat backed

Fiat-collateralized stablecoins are backed 1:1 by reserves held in traditional financial institutions. These reserves can include bank deposits, short-term government securities, or other low-risk instruments. When a user purchases a stablecoin, the issuer stores an equivalent amount of fiat currency in reserve. Examples of this type include USD Coin (USDC), Tether US (USDT) and Tether EU (EURT). These coins are generally considered the most stable, though they rely heavily on the trustworthiness and transparency of the issuer. Concerns over reserve backing have occasionally led to regulatory scrutiny, particularly in Tether US’ case. For example, in 2021, the US Commodity Futures Trading Commission (CFTC) fined Tether $41 million for misleading statements about its reserves.

Cryptocurrency backed

Crypto-collateralized stablecoins are backed by other cryptocurrencies rather than fiat. These stablecoins are typically overcollateralized to account for the volatility of their underlying assets. A prominent example is DAI, which is issued by the MakerDAO protocol and backed by Ethereum and other assets deposited in smart contracts. Users lock up collateral that exceeds the value of the DAI issued, helping to maintain its dollar peg. This model removes the need for centralized custodians but introduces complexity and vulnerability during market downturns, as seen in March 2020 when rapid price drops led to liquidations within the Maker system.

Algorithmic stablecoins

Algorithmic stablecoins use smart contracts and market incentives to maintain a peg without relying on collateral. Instead of being backed by assets, these coins regulate supply algorithmically. When the price drops below the peg, the protocol may reduce supply by incentivizing users to burn coins. If the price rises above the peg, new coins are minted. This model is theoretically elegant but has proved highly unstable in practice. The most notorious failure in this category was TerraUSD (UST), which lost its peg in May 2022 and collapsed entirely, wiping out over $40 billion in market value. This event highlighted the systemic risks algorithmic stablecoins pose when trust and liquidity disappear.

Commodity backed

In addition to these main types, a niche category exists for commodity-backed stablecoins. These are pegged to physical goods such as gold or oil. Paxos Gold (PAXG), for example, is backed by physical gold stored in London vaults, allowing users to own fractionalized gold on the blockchain. These stablecoins combine the technological advantages of digital tokens with the perceived safety of tangible assets.

How they relate to other cryptocurrencies

In the broader ecosystem of cryptocurrencies, stablecoins play an essential role. Traditional cryptocurrencies like Bitcoin are often used as speculative assets or long-term stores of value (sometimes called “digital gold”). Stablecoins on the other hand serve as more practical tools for day-to-day transactions, on-chain liquidity, and as units of account within decentralized finance (DeFi) platforms. Their price stability makes them an ideal medium for settling trades, providing collateral, and earning yield in lending protocols. So, they function as a much needed bridge between volatile cryptocurrencies and traditional financial systems, as they allow users to store and transfer value on blockchain networks with a degree of price predictability.

 

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Law Firms and Cryptocurrencies

In the past, we have looked at blockchain, the technology that underlies cryptocurrencies, and at how blockchain is relevant to law firms. In this article, we have a closer look at the relationship between law firms and cryptocurrencies. We explain what they are and explore the challenges regarding law firms and cryptocurrencies. We also look at the legal services law firms can offer.

What are cryptocurrencies?

Wikipedia defines a cryptocurrency as “a digital currency designed to work as a medium of exchange through a computer network that is not reliant on any central authority, such as a government or bank, to uphold or maintain it.”

Cryptocurrencies are decentralized digital currencies. They use blockchain technology to secure transactions and control the creation of new units. Unlike traditional currencies issued by governments, cryptocurrencies operate on a peer-to-peer network. This allows users to transfer ownership of cryptographic units without the need for a trusted third party, such as a bank. Transactions made with cryptocurrencies are recorded on a public ledger called the blockchain, which ensures transparency and security.

The first and most well-known cryptocurrency is Bitcoin, launched in 2009. It paved the way for thousands of alternative cryptocurrencies, known as altcoins, each with unique features and purposes. The most used cryptocurrency is Ethereum. It is popular in the legal and commercial world because it is being used in smart contracts.

Wikipedia lists six conditions to qualify as a cryptocurrency:

  1. The system does not require a central authority; its state is maintained through distributed consensus.
  2. The system keeps an overview of cryptocurrency units and their ownership.
  3. The system defines whether new cryptocurrency units can be created. If new cryptocurrency units can be created, the system defines the circumstances of their origin and how to determine the ownership of these new units.
  4. Ownership of cryptocurrency units can be proved exclusively cryptographically.
  5. The system allows transactions to be performed in which ownership of the cryptographic units is changed. A transaction statement can only be issued by an entity proving the current ownership of these units.
  6. If two different instructions for changing the ownership of the same cryptographic units are simultaneously entered, the system performs at most one of them.

Challenges regarding law firms and cryptocurrencies

Law firms wanting to deal with cryptocurrencies face several challenges. These may apply to the law firms themselves as well as to their clients. Let us have a closer look.

A first challenge is regulatory uncertainty.  The legal and regulatory environment surrounding cryptocurrencies is quite intricate. Law firms can advise on compliance with securities, commodities, tax, anti-money laundering, and banking laws and regulations. The challenge is that the regulations for cryptocurrencies vary widely from one jurisdiction to another. In some countries, cryptocurrencies are embraced and regulated like any other financial asset, while in others, they face severe restrictions or outright bans. (Wikipedia provides an overview of the legality of cryptocurrencies in different countries and territories). On top of that, the legal landscape is also continually evolving. Law firms must therefore stay abreast of these shifting regulatory landscapes to provide accurate advice to their clients.

A second challenge has to do with compliance with anti-money laundering requirements. Cryptocurrencies are often associated with anonymity. This has raised concerns about their potential use in illegal activities such as money laundering and terrorism financing. Law firms must assist clients in navigating anti-money laundering requirements to ensure compliance with local and international laws.

Next, there are taxation Issues. The tax treatment of cryptocurrencies can be complex and varies significantly by jurisdiction. Law firms can help clients understand and comply with tax obligations, whether it involves capital gains tax, income tax, or value-added tax (VAT) on cryptocurrency transactions.

There also are Intellectual Property (IP) rights to consider. The blockchain technology has led to the creation of numerous innovations, many of which may be subject to intellectual property protection. Law firms play a crucial role in helping clients secure and enforce IP rights in the crypto space.

Another challenging area that is of specific interest for lawyers is dispute resolution. As with any financial asset, disputes can arise in the cryptocurrency space. These can be related, e.g., to transactions, smart contracts, or initial coin offerings (ICOs). Law firms must be equipped to handle these disputes, which may involve complex issues of jurisdiction, contract law, and technology.

Finally, there are ethical considerations. Law firms must comply with the ethical requirements of their bar associations. Specific rules may apply as to what is allowed and what isn’t.

Legal services regarding cryptocurrencies

With all the challenges listed above, it should come as no surprise that there are corresponding services lawyers can offer. Let’s have a closer look.

Law firms can provide compliance and regulatory advice to ensure that cryptocurrency-related activities comply with applicable laws. This includes advising on the compliance of tokens and coins with securities laws, exchange licensing, and the creation and management of smart contracts. Firms also assist with the formation of cryptocurrency-focused funds, reviewing fund offering materials, and advising on tax implications.

An obvious service law firms can offer is dispute resolution and litigation. This includes resolving disputes between customers and cryptocurrency exchanges, as well as issues like locked accounts and frozen assets. Law firms also handle litigation and fraud cases, including recovering stolen digital assets and addressing business and investment fraud. When disputes arise in the cryptocurrency space, law firms provide representation in court or through alternative dispute resolution mechanisms such as arbitration or mediation. They can also represent clients in investigations by various government agencies and provide defence in civil disputes.

Law firms can offer advisory services for innovators and investors. This can include advice on intellectual property protection, company formation, and tax planning. As mentioned above, they can also help with compliance with regulatory and licensing obligations and security and privacy reviews. For investors, law firms can develop tax-effective ownership structures and advise on the taxation of trading gains and income from activities like staking and lending.

Another area consists of specialized services for Digital Assets and Web3. Law firms are at the forefront of advising on new digital assets, cryptocurrencies, NFTs, and blockchain-based protocols. They work with venture capital and investment funds, tech companies, exchanges, and decentralized autonomous organizations (DAOs). This includes engaging with regulatory bodies worldwide to advocate for clients in the digital asset and Web3 ecosystem.

Whether it’s an ICO, a cryptocurrency exchange, or a blockchain-based startup, law firms can help structure transactions to ensure they comply with legal requirements.

A service that is quite commonly offered these days is drafting and reviewing contracts. Smart contracts are self-executing contracts with the terms of the agreement directly written into code. They are a cornerstone of blockchain technology. Law firms are instrumental in drafting and reviewing these contracts.

Law firms can also help facilitate technical integration. Law firms are increasingly using blockchain technology to enhance efficiency and verify transactions. The use of smart contracts is growing. Law firms can advise on their implementation and legal bindingness. Distributed ledger technologies (DLTs) offer potential cost and time savings, which makes them attractive for various legal applications.

Beyond compliance and transactions, law firms offer strategic advice to clients on how to navigate the rapidly evolving landscape of digital assets. This includes advising on risk management, investment strategies, and potential regulatory changes.

Law firms and cryptocurrencies: conclusion

Like many new technologies, cryptocurrencies come with a wide range of challenges and opportunities. Law firms that start focusing on cryptocurrencies can gain a competitive edge through specialization, thought leadership, cross-border work, and collaboration with Technology Experts.

 

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