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  1. Professionals

Kimberly A. Prior

Partner

Co-Chair, Digital Assets

Miami

+1 305-910-0788

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  • Overview
  • Experience
  • Credentials
  • Insights & News

Kimberly is a leading financial services regulatory attorney, advising financial institutions and other businesses with respect to legal, regulatory, and corporate matters. She has extensive experience advising clients in the distributed ledger, blockchain, and digital assets sector.

Kimberly is co-chair of the firm’s Digital Assets and Blockchain Technology Group, and she specializes in regulatory, transactional, corporate, and enforcement matters for domestic and international financial services firms and businesses including banks, broker-dealers, investment advisers, and private equity funds. Kimberly also advises financial institutions, FinTechs, and other businesses regarding regulatory, licensing, corporate, and compliance issues in the FinTech and blockchain technology space.

Kimberly advises governmental and regulatory officials on digital asset technology and regulation, and regularly speaks on regulatory issues affecting the financial industry. Since 2018, Kimberly has taught a popular course on the regulation of blockchain and digital assets at the University of Miami School of Law. Additionally, she is the co-author of Digital Assets and Blockchain Technology: US Law and Regulation (Elgar 2020), a first-of-its kind legal textbook that examines the legal and regulatory approaches regarding the most important issues impacting the blockchain space.

She previously served as an adjunct professor at the University of Miami School of Law teaching an advanced seminar focused on current issues in financial institution mergers and acquisitions. Kimberly is the co-author of a chapter on recent developments in cross-border securities law and is former general counsel to the Financial & International Business Association.

Key Matters

Some of the experience represented below may have been handled at a previous firm.

Kimberly’s representative experience includes:

Financial Regulatory & Enforcement Matters

  • Represented a broker-dealer affiliate of a multinational financial institution in Financial Industry Regulatory Authority (FINRA) Continuing Membership Application process related to business reorganization.
  • Advised an investor group on acquisition of broker-dealer.
  • Represented a national bank in the acquisition of a payday lending company.
  • Advised an investor group on investments in private investment funds.
  • Represented a broker-dealer affiliate of a financial institution in FINRA Continuing Application process related to acquisition.
  • Represented a Florida bank in connection with sale to investor group.
  • Advised an online lending companies regarding federal and state licensure and regulatory obligations.
  • Represented a broker-dealer affiliate of a multinational financial institution in a FINRA investigation and enforcement action pertaining to the FINRA anti-money laundering rules.
  • Represented an affiliate of a multinational financial institution in parallel Securities and Exchange Commission (SEC) and FINRA investigations and enforcement proceedings pertaining to the promotion of a financial product.
  • Represented an investment adviser in an SEC enforcement action regarding custody of client funds.
  • Represented a securities issuer in a Florida Office of Financial Regulation (FOFR) investigation relating to securities offerings.

Blockchain Experience

  • Advised a United States cryptocurrency exchange in connection with a government investigation regarding anti-money laundering policies and procedures.
  • Advised a European cryptocurrency exchange concerning whether certain digital assets are regarded as securities under United States law.
  • Advises private funds holding digital assets or investing in digital asset businesses.
  • Advised issuers of digital assets with respect to regulatory obligations and prepared offering documents.
  • Advised a cryptocurrency exchange interacting with many state regulators to determine whether licenses are required for purposes of contemplated business activities.
  • Advised large institutional financial institutions regarding implementation of blockchain technology.
  • Advised an issuer regarding their development and offering of non-fungible tokens (NFTs).
  • Advised a real estate development company concerning its acceptance of cryptocurrency.
  • Advised a real estate developer regarding its issuance of tokens backed by real estate.
  • Represented an investor acquiring a cryptocurrency tax reporting company.
Recent Experience
Torreya Partners's Sale to Stifel Financial Corp.
Arthur J. Gallagher (NYSE: AJG) carveout acquisition of M&T Insurance Agency from M&T Bank Corporation (NYSE: MTB).

    • The Legal 500 Latin America - International Firms: Recognized for Banking and Finance and City Leaders - Miami (2024-2025)
    • The Legal 500 US: Recognized as a “Key Lawyer” for Finance: Fintech (2024)
    • Chambers USA: Ranked for Banking & Finance: Regulatory–Florida (2017–2024)
    • Lawdragon: Listed among the “Leading Dealmakers in America” (2025)
    • The Best Lawyers in America®: Recognized for Financial Services Regulation Law (2025)
    • Florida Trend: Selected as one of Florida Trend’s “Notable Women Leaders in Law” (2024)
    • Daily Business Review: “On The Rise” Honoree (2019)
    • South Florida Legal Guide: “Top Up & Comers” (2018–2021)

  • Former General Counsel and Co-Chair of the Legal Regulatory Affairs Committee, Financial & International Business Association (FIBA)
  • Former Chair, Legal and Regulatory Affairs Committee, Financial & International Business Association (FIBA)
  • Active Member, Orange Bowl Committee
  • Member, The Digital Chamber, Token Alliance and Consumer Innovation Working Groups

Capabilities

Financial Services Transactions & Regulatory
Private Investment Funds
Mergers & Acquisitions
Private Equity
Financial Services
Technology, Media & Telecommunications
Cryptocurrencies, Digital Assets & Blockchain Technology
FinTech, Banking & Payments
Financial Crimes Compliance

Key Matters

Some of the experience represented below may have been handled at a previous firm.

Kimberly’s representative experience includes:

Financial Regulatory & Enforcement Matters

  • Represented a broker-dealer affiliate of a multinational financial institution in Financial Industry Regulatory Authority (FINRA) Continuing Membership Application process related to business reorganization.
  • Advised an investor group on acquisition of broker-dealer.
  • Represented a national bank in the acquisition of a payday lending company.
  • Advised an investor group on investments in private investment funds.
  • Represented a broker-dealer affiliate of a financial institution in FINRA Continuing Application process related to acquisition.
  • Represented a Florida bank in connection with sale to investor group.
  • Advised an online lending companies regarding federal and state licensure and regulatory obligations.
  • Represented a broker-dealer affiliate of a multinational financial institution in a FINRA investigation and enforcement action pertaining to the FINRA anti-money laundering rules.
  • Represented an affiliate of a multinational financial institution in parallel Securities and Exchange Commission (SEC) and FINRA investigations and enforcement proceedings pertaining to the promotion of a financial product.
  • Represented an investment adviser in an SEC enforcement action regarding custody of client funds.
  • Represented a securities issuer in a Florida Office of Financial Regulation (FOFR) investigation relating to securities offerings.

Blockchain Experience

  • Advised a United States cryptocurrency exchange in connection with a government investigation regarding anti-money laundering policies and procedures.
  • Advised a European cryptocurrency exchange concerning whether certain digital assets are regarded as securities under United States law.
  • Advises private funds holding digital assets or investing in digital asset businesses.
  • Advised issuers of digital assets with respect to regulatory obligations and prepared offering documents.
  • Advised a cryptocurrency exchange interacting with many state regulators to determine whether licenses are required for purposes of contemplated business activities.
  • Advised large institutional financial institutions regarding implementation of blockchain technology.
  • Advised an issuer regarding their development and offering of non-fungible tokens (NFTs).
  • Advised a real estate development company concerning its acceptance of cryptocurrency.
  • Advised a real estate developer regarding its issuance of tokens backed by real estate.
  • Represented an investor acquiring a cryptocurrency tax reporting company.
Recent Experience
Torreya Partners's Sale to Stifel Financial Corp.
Arthur J. Gallagher (NYSE: AJG) carveout acquisition of M&T Insurance Agency from M&T Bank Corporation (NYSE: MTB).

Credentials

Education

Kimberly received her LL.M. from the University of Miami and her J.D. from Stetson University College of Law. She received her B.S. from Florida State University.

    Admissions
    • Florida

    Related Insights & News

    Speaking Engagements

    • Speaker, "Regulating Market and Blockchain Structure," The Harvard Law School Blockchain and FinTech Initiatives' Fourth Annual Conference (April 25, 2025)
    • Speaker, "Decentralization & AI," Blockchain and Digital Assets Conference, Florida State University (November 18, 2024)
    • Speaker, "U.S. Regulatory Fireside," Blockchain Association of the Cayman Islands (May 23, 2023)
    • Speaker, "The Future of Digital Assets," FMA Annual Securities Compliance Seminar (May 3, 2023)
    • Speaker, Managing Partner Roundtable, "Commentary on Current Financial Issues and Potential Impacts" (April 19, 2023)
    • Speaker, “The Topsy Turvy World of Cryptocurrency and Digital Assets Regulation,” FIBA AML Conference, March 2023
    • Speaker, “Mitigating the Risks of Virtual Currency,” FIBA Financial Crimes Conference, México, December 2022
    • Speaker, "Virtual Assets, Real Value? Restructuring in the Digital Asset and Crypto Space," Winston & Strawn and Grant Thornton International Restructuring Conference, New York, November 2022
    • Speaker, “Navigating Through the Waters of Crypto/NFTs…Legally,” Miami Law Con, April 2022
    • Speaker, “Emerging Trends in Intellectual Property: What IP Practitioners Need to Know About Non-Fungible Tokens (NFTs),” New York State Bar Association Intellectual Property Law Section, December 2021
    • Speaker, “Digital Assets/Blockchain Regulation,” Kaufman Rossin, Miami, September 2021
    • “U.S. Regulatory Framework of Cryptocurrencies,” Itau Bank, Miami, September 2018
    • “U.S. Regulatory Framework of Cryptocurrencies,” Citibank, Miami, August 2018
    • Speaker, “Bitcoin, Blockchain Technology & Intellectual Property Law,” Dade County Bar Association Intellectual Property Committee Seminar, May 2018
    • Co-presenter, “Financial Markets Regulatory Enforcement,” NICE Actimize 2016 Symposium, October 2016
    • Presenter, “FinTech and Regulation,” Colombia Banking Association Annual Finance Law Meeting, September 2016

    Publications

    • Co-author, “DAOs Watch Out: Federal Court in California decides a DAO can be a General Partnership,” FinTech Law Report, Reuters (February 2025)
    • Author, "How To Safely Leverage AI In The Digital Assets Industry," Law360 (November 2024)
    • Quoted, "Inside Trump’s Push to Make Crypto Great Again" Moniify (November 2024)
    • Interview, "Crypto.com Sues SEC: Can This Lawsuit Redefine Digital Asset Regulation?," Cryptonews (October 2024)
    • Editor, University of Chicago Legal Matters in Web3: A Desk Reference, "Custodial Services" Chapter (September 2024)
    • Co-author, "Classifying Creditors in Digital Asset Bankruptcy Cases," Bloomberg Law (September 2022)
    • Co-author, "Recovering Digital Assets in Chapter 11 Bankruptcy," Bloomberg Law (July 2022)
    • Co-author, “El Salvador’s ‘Bitcoin Law’ Forces Governments and Businesses to Contend with Digital Assets,” Global Banking & Finance Review (September 2021)
    • Co-author, “Digital Assets and Blockchain Technology: US Law and Regulation” Edward Elgar Publishing (2020)
    • Co-author, “The Cross-Border Securities Business: Recent Changes and Continuing Uncertainties,” Inside the Minds: New Developments in Securities Law (2015 ed.)
    • Kimberly Prior mentioned in articles on bank deal: “Espirito Santo Bank in deal to be sold to Venezuelan group,” South Florida Business Journal (January 5, 2015) and “3 details on the Venezuelan group buying Espirito Santo,” South Florida Business Journal (May 11, 2015)
    Blog
    OCC Confirms National Banks May Execute and Settle Digital Asset Trades

    May 7, 2025

    Blog
    Federal Reserve Withdraws Crypto-Asset Guidance: Policy Shift or Policy Compromise?

    April 25, 2025

    Sponsorship
    Winston & Strawn Explores Digital Assets Regulations at Harvard Law's Blockchain and FinTech Initiative Conference

    April 25, 2025

    Sponsorship
    Winston Sponsors and Speaks at the AIMA Digital Assets Conference 2025

    April 24, 2025

    Client Alert
    SEC Marketing Rule FAQs Provide New Guidance on Presenting Gross and Net Performance in Extracted Performance and Investment Characteristics

    March 21, 2025

    Blog
    SEC Staff Under New Administration Issues Statement Declaring That Meme Coins Are Not Securities

    February 28, 2025

    Blog
    Press Conference on Cryptocurrency Regulation

    February 11, 2025

    Blog
    “The Journey Begins” Commissioner Hester Peirce’s Statement

    February 10, 2025

    Client Alert
    2025 Investment Management Regulatory & Compliance Calendar and Guidebook

    January 30, 2025

    Blog
    President Trump’s Sweeping Executive Order on Digital Assets and the Repeal of SAB 121

    January 24, 2025

    Blog
    U.S. Appeals Court Orders the SEC to Revisit Digital Asset Rulemaking

    January 14, 2025

    In the Media

    Kimberly Prior and Daniel Stabile Discuss Cryptocurrency Legislations Under Second Trump Administration with Moniify

    December 9, 2024

    View All Insights & News

    Capabilities

    Financial Services Transactions & Regulatory
    Private Investment Funds
    Mergers & Acquisitions
    Private Equity
    Financial Services
    Technology, Media & Telecommunications
    Cryptocurrencies, Digital Assets & Blockchain Technology
    FinTech, Banking & Payments
    Financial Crimes Compliance
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