Andrew Maxwell Hinkes
Partner
Andrew “Drew” Hinkes focuses his practice on digital assets, advising financial services clients from startups to multinational corporations on a wide range of matters including securities regulation, payment systems and money services business regulation, lending and staking, secured transactions including digital assets as collateral, structuring and governance of DeFi protocols and similar applications, anti-money laundering compliance, non-fungible tokens, stablecoins and other related technologies.
Drew has played a significant role in shaping legal standards for the industry, notably through his work with the Uniform Law Commission, where he contributed to the 2022 Amendments to the UCC, which integrate digital assets as controllable electronic records. 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 features or quotes by The New York Times, Bloomberg, American Banker, MIT Technology Review, Time, Barrons, and CoinDesk, among others. Additionally, Drew is a co-author of Digital Assets and Blockchain Technology: US Law and Regulation (Elgar 2020), a first-of-its-kind legal textbook designed for law and other graduate-level students.
- Fellow, American College of Commercial Finance Lawyers
- Chambers USA - Recognized for FinTech Legal: Blockchain & Cryptocurrencies, 2024
- Legal 500 US - “Recommended Attorney” for Finance: Fintech, 2023
- Daily Business Review - “Florida Legal Trailblazer,” 2019
- Florida Super Lawyers, 2018-2019
- CoinDesk - “Most Influential People” nominated for Blockchain, 2017
- South Florida Legal Guide - “Top Up and Comer,” 2016-2017
- Florida Rising Stars, 2013-2015
Academic:
- Florida State University School of Law, Visiting in Lieu of Adjunct (2025)
- New York University Stern School of Business, Adjunct Associate Professor (2018-present)
- NYU School of Law, Adjunct Professor of Law (2018-present)
- Universidad Externado de Colombia, Bogotá, Colombia “Professor specializing in Fintech Law,” (Spring 2021)
Legal Industry:
- Digital Currency and Ledger Defense Coalition, Member (2018-present)
- Business Section of The Florida Bar, Blockchain and Cryptocurrencies Task Force/Committee, Member (2017-present)
- American Bar Association, Business Section, Uniform Commercial Code Committee, Emerging Technologies Subcommittee, Co-Chair (2022-present)
- UNIDROIT Working Group on Digital Assets and Private Law, Observer (2020-2022)
- Uniform Law Commission/American Law Institute Digital Assets Working Group, Adviser (2019-2022)
Credentials
Education
Drew received his A.B. from Washington University in St. Louis. He earned his J.D. from University of Miami School of Law.
Admissions
- Florida
Related Insights & News
News
- “Are Solana, Polygon and Cardano in the Clear After SEC Crypto Case Dismissals?”, Decrypt, February 27, 2025
- “Is the SEC About to Reverse its Position on the Howey?”, Unchained, February 26, 2025
- “Implications For Digital Assets After SEC Settlement With DAO”, Law360, February 13, 2024
- “5 Ways Fed Crypto Statement Affects State Member Banks”, Law360, February 27, 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
- “Bank Regulator Clarifies Crypto Custody Rules”, Carlton Fields, July 23, 2020
- “Is Cryptocurrency Use a Badge of Fraud?”, Carlton Fields, July 6, 2020
- “The Coming Storm: DeFi and Bankruptcy Courts”, Carlton Fields, June 24, 2020
- “U.S. Supreme Court’s Computer Fraud Ruling Has Big Implications for Crypto”, CoinDesk, June 16, 2020
- “The Long and Winding Road: Navigating Fintech and Crypto App Approvals by the Apple Store”, The National Law Review, July 20, 2024
- “Dapper Settlement Offers Rules Of The Road For NFT Issuers”, Law360, July 9, 2024
- “6 Things to Know About the Post Chevron Finreg Impact”, Law360, July 3, 2024
- “Implications For Digital Assets After SEC Settlement With DAO”, Law360, February 13, 2024
- “5 Ways Fed Crypto Statement Affects State Member Banks”, Law360, February 27, 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
- “Recovery by ICO Token Investors May be Challenged in Bankruptcy”, Carlton Fields, August 12, 2020
- “Bank Regulator Clarifies Crypto Custody Rules”, Carlton Fields, July 23, 2020
- “Is Cryptocurrency Use a Badge of Fraud?”, Carlton Fields, July 6, 2020
- “The Coming Storm: DeFi and Bankruptcy Courts”, Carlton Fields, June 24, 2020
- “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
- “The Security Token Market Needs Better Lingo”, CoinDesk, February 9, 2019
- “How Tokenized Private Placements of Securities and the Development of Markets Will Create Trading Liquidity and Enhance Demand”, Medium.com, January 3, 2019
Publications
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Artificial Intelligence and Decentralized Ventures, in Handbook on Artificial Intelligence and the Law (eds. Carla Reyes and Kristin Johnson), Cambridge University Press. (expected in 2025)
- “DAOs Watch Out: Federal Court in California decides a DAO can be a General Partnership.” FinTech Law Report, 28(1), 8-12. Reuters (Co-Author) (2025)
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NFT Licensing: Three Mistakes to Avoid. The Licensing Journal, 43(1), 8-10. (2023)
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The Limits of Code Deference. Journal of Corporate Law, 46, 869. (2021)
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Digital Assets and Blockchain Technology: U.S. Law and Regulation (Co-Author) (2020)
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Throw Away the Key, or The Key Holder? Coercive Contempt for Lost or Forgotten Cryptocurrency Private Keys, or Obstinate Holders. Northwestern Journal of Technology and Intellectual Property, 16, 225. (2019)
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Discovering Cryptoassets: A Journey into the Unknown. ABA Pretrial Practice & Discovery Newsletter. (2019)
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Legal Disputes Involving DAOs Create Novel Issues for Lawyers. International Journal of Blockchain Law, Vol. 1, 23-26. (2021)
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Cloud Computing: New Discovery Challenges Await. Federal Lawyer, 58, 48. (2011)
Speaking Engagements
- Speaker, The Lawfare Podcast, Lawfare Daily: Carla Reyes and Drew Hinkes on the Evolution and Future of Crypto Policy, March 11, 2025
- Speaker, ABA Business Law Section, Cyber Law Institute & Winter Working Meeting, January 25, 2025
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Speaker, “Trends and Developments in Crypto with Drew Hinkes,” FSU College of Law, November 8, 2024
- Panelist, “Legal Considerations at the Intersection of Crypto and A.I.” ABA’s Business Law Fall Meeting, September 12, 2024
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Panelist, “Digital Assets and the Future of Financial Services: Regulatory Responses and Private Law Remedies” International Bar Association Annual Meeting, September 17, 2024
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Panelist, “From Traditional To Digital: The Evolving Legal Landscape of Commercial Transactions” ABA Business Law Section, April 5, 2024
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Panelist, “Artificial Intelligence, Law, Ethics, and Policy” SMU Dedman School of Law, February 23, 2024
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Speaker, “Digital Asset Fundamentals for Charitable Giving” Planned Giving Council of Broward County, January 17, 2024
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Panelist, “WashU Reception and Panel: Cryptocurrency - Current Trends, Regulations, and What’s Next” November 29, 2023
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Panelist, “Crypto is Here” ABI Southeast Bankruptcy Workshop, Amelia Island, FL, July 20, 2023
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Panelist, “Introducing Article 12 of the UCC” Florida Bar Annual Conference, Boca Raton, FL, June 21, 2023
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Panelist, “Introducing Article 12 of the Uniform Commercial Code” ABA Business Section Hybrid Spring Meeting, Seattle, WA, April 29, 2023
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Panelist, “Defi and Derivatives” New York State Bar Association, New York, NY, April 12, 2023
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Panelist, “Article 12: Upgrades to the UCC for the Digital Age” New Hampshire Bar Association, April 6, 2023
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Panelist, “Crypto Bankruptcy” ABI Paskay Memorial Bankruptcy Seminar, Tampa, FL, February 22, 2023
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Speaker, “Crypto and AML” Cypher X, University of Pennsylvania, February 15, 2023
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Panelist, “Crypto Law” Quantum Miami, Miami, FL, January 25, 2023
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Speaker, “Law of Code” Podcast December 13, 2022
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Panelist, “Digital Asset Regulatory Landscape” Fordham Blockchain Regulatory Symposium, New York, NY, October 3, 2022
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Panelist, “Digital Economy Relationships: Digital Asset Remedies” CODIFI: The HCCH Conference on Commercial, Digital and Financial Law, September 15, 2022
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Panelist, “UNIDROIT Private Law Workshop on Issues regarding Enforcement Against Digital Assets” June 10, 2022
Speaker, “The Limits of Code Deference” CBER Forum, April 6, 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
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Panelist, “Blockchain and Cryptocurrency: Novel Issues in Commercial Litigation” iLaw 2022, Florida Bar International Law Section, Miami, FL, April 1, 2022
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Panelist, “The Metaverse and the Law” FIU SEFA Metaverse Symposium, Miami, FL, March 25, 2022
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Speaker, “Crypto for CEOs” Broward Workshop, Fort Lauderdale, FL, March 2, 2022
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Speaker, “Crypto for Mayors” United States Conference of Mayors, Miami Beach, FL, March 3, 2022
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Guest Lecturer, “Entrepreneurship and the Law” UCLA Andersen School of Law, January 31, 2022
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Panelist, “Digital Assets: A Global Perspective from Leading Legal Experts” GREAT Legal Futures, Miami Beach, FL, November 1, 2022
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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, September 3, 2022
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Guest Speaker, “Given the Sanctions on Tornado Cash, Is Ethereum Censorship Resistant?” Unchained Podcast, August 30, 2022
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Moderator, “Crypto and NFTs: Tax and Legislative Update for Family Offices” Larry Kraus Family Office Tax Institute, August 2, 2022
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Speaker, “Fintech and Privacy” Northwestern University Journal of International Law and Business Symposium, Chicago, IL, March 3, 2021
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Moderator, “DeFi Panel” The North American Bitcoin Conference, Miami, FL, January 28, 2021
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Panelist, “Commercial Law in the 21st Century” Association of American Law Schools, January 5, 2021
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Guest Lecturer, “Entrepreneurial Strategy and Law” UCLA Anderson School of Law, Los Angeles, CA, November 5, 2020
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Guest Lecturer, “State Legislation” for “Blockchain Digital Currency and Law” Penn State Dickinson School of Law, Carlisle, PA, October 26, 2020
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Guest Lecturer, “Securities” for “Blockchain & Cryptocurrency Law” Nova Southeastern Shepard Broad Law Center, Davie, FL, October 20, 2020
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Paper Presenter and Panelist, “The 20/20 Vision: Blockchain & the Future of Law Symposium” University of Iowa, Journal of Corporation Law, October 16, 2020
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Panelist, “Emerging Issues Related to Cryptocurrency” International Association of Financial Crimes Investigators Training Session, October 6, 2020
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CLE Presentation, “Governance of Blockchain Systems” Wyohackathon Blockchain Stampede, Cheyenne, WY, September 24, 2020
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Presenter and Panelist, “Secured & Custodial Transactions Involving Crypto Assets” UNIDROIT Exploratory Workshop on Digital Assets and Private Law (Virtual), September 17, 2020
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Presenter, “Crypto Legal Update” Southeastern Association of Law Schools, Fort Lauderdale, FL, July 30, 2020
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Panelist, “Regulation of Central Bank Digital Currencies” Cardano Virtual Summit, July 2, 2020
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Guest Lecturer, “Blockchain, Virtual Currencies, and Tokens: Business and Legal Issues” Fordham University School of Law, New York, NY, March 20, 2020
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Panelist, “Blockchain, Cryptocurrency, and Insurance” ABA Tort Trial and Insurance Practice Section, Annual Conference, Phoenix, AZ, February 21, 2020
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Panelist, “Bagels & Blockchain” Eisner Amper, New York, NY, February 19, 2020
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Moderator, “Crypto Regulatory Panel” The North American Bitcoin Conference, Miami, FL, January 16, 2020
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Speaker, “A Contentious Currency – The Law and Politics of Bitcoin” Max Planck Institute Luxembourg, November 15, 2019
- Panelist, “Cryptoasset Regulation Symposium” University of Arkansas School of Law, Fayetteville, AR, October 25, 2019
- Speaker, “The Fourth Amendment, Third Party Doctrine and Cryptocurrencies” Block(Legal)Tech, Chicago, IL, October 24, 2019
- Speaker, “Is Blockchain the New Internet for Sports and Entertainment?” Annual Conference for ABA Forum on the Entertainment and Sports Industries, Las Vegas, NV, October 13, 2019
- Panelist, “Bitcoin, Blockchain and Insurance” APCIA National General Counsel Conference, Baltimore, MD, September 23, 2019
- Panelist, “Tokens and Securities Law” WyoHackathon, Laramie, WY, September 19, 2019
- Panelist, “Digging Deeper into Blockchain; Regulatory & Legislative Updates” 2019 American Bar Association Business Section Annual Meeting, Washington, DC, September 14, 2019
- Panelist, “Cryptocurrency Comes of Age; Notable Regulatory Actions and a Look Ahead” Federal Bar Association Annual Meeting & Convention, Tampa, FL, September 6, 2019
- Panelist, “Regulatory Panel” Southeastern Association of Law Schools, Boca Raton, FL, July 31, 2019
- Panelist, “Cryptoassets and Evidence” Florida Bar Annual Conference, Orlando, FL, June 28, 2019
- Speaker, “The Bitcoin Taxes Podcast” June 24, 2019
- Speaker, “Coindesk Live” Consensus 2019, May 15, 2019
- Speaker, “Reinventing the Wheel: Security Tokens as a New Asset Class” Consensus 2019, Markets Stage, May 14, 2019
- Panelist, “MIT Enterprise Forum of South Florida” CIC Miami, March 20, 2019
- Guest Lecturer, “Digital Currencies, Blockchains, and the Future of Financial Services” New York University School of Law, New York, NY, April 15, 2019
- Guest Lecturer, “Cryptocurrency and Blockchain: Markets, Models and Opportunities” University of Chicago Booth School of Business, Chicago, IL, February 28, 2019
- Panelist, “Cryptocurrency: Benefits & Risks Of Its Use Webinar Part 3” New York State Bar Association, February 26, 2019