Rachael Hashmall
Senior Associate
Norton Rose Fulbright US LLP
Related services and key industries
Biography
Rachael is a senior associate practicing in the Denver and New York offices. She focuses her practice advising clients on the development and launch of innovative financial products and services in the FinTech sector and helps clients navigate the complex regulatory landscape. This includes tokenization, private and public token offerings, cryptocurrency, smart contracts, payments, blockchain and other disruptive technologies for both start-ups and global financial institutions.
Rachael also has experience advising financial institutions and US and non-US broker-dealers on custody and trading solutions for digital assets and related regulatory issues in the FinTech space. Rachael is a thought leader in the industry, regularly sharing insights and analysis on key topics shaping the FinTech landscape.
In addition to her broad advisory practice, Rachael has extensive experience working with high net worth investors, family offices, funds and financial institutions in connection with fund formations and their ongoing operations, investment due diligence, private equity and debt transactions, and cross-border structuring. Rachael specializes in helping clients understand the legal and regulatory framework including advising on the Investment Advisers Act of 1940, the Investment Company Act of 1940, Regulation D of the Securities Act of 1933, and the Corporate Transparency Act.
Professional experience
Collapse allJD, NYU School of Law, 2016
BA, summa cum laude, Economics and Psychology, University of Miami, 2013
In law school, Rachael was a Senior Editor for the Journal of Intellectual Property & Entertainment Law.
- Colorado State Bar
- New Jersey State Bar
- New York State Bar
Fintech Experience:
- Global financial institution on its development of a digital solution to replace letters of credit using a tokenized payment system
- Global financial institution on its partnership with a global investment bank to develop a digital custody platform for the primary issuance of digitally-native securities
- Global financial institution on its development of a white label supply chain finance platform using distributed ledger technology
- Fintech company on the development of a DLT-based platform to facilitate repo trading
- Decentralized autonomous organization connecting disparate university ecosystems to enhance collaboration and data exchange and foster a new generation of blockchain and Web3 innovators
- Early-stage crypto fund on regulatory and structuring advice, including a focus on DAO governance and liability ringfencing
- Bitcoin miner and energy company on cryptocurrency custody and trading matters, including negotiating prime broker, ISDA, credit support and repo agreements with several major cryptocurrency dealers and exchanges
- Token issuer in relation to the no-action letter process with the SEC regarding complex digital asset issues
- Real estate developer and coding team on the setup and design of an NFT platform for fractionalizing and trading interests in vacant land and other real estate
- Fintech company with respect to whether its provision of payment processing services in the US will subject the company to licensing and registration requirements that are imposed on money transmitters
- Financial institution in relation to the purchase of land in a metaverse
- Fintech client on its potential membership of the Diem Association (the association founded by Facebook to launch the Libra digital currency)
- Fintech company in its strategic acquisition of an artificial intelligence business
- Blockchain foundation in its $150 million initial coin offering including private SAFT and public auction fundraising rounds
- Fintech and cryptocurrency company in $20 million "founder" round capital raise from strategic and financial investors
- Fintech company in its strategic acquisition of a payments processing business
- Artificial intelligence technology company in its offering and sale of blockchain tokens for use in disintermediating certain advertising activities
Asset Management Experience:
- Various funds and family offices in private equity co-investments with numerous fund managers and fundless sponsors
- Fund of funds in a series of private equity secondary sales
- Family office advisor with over $2.5 billion AUM in hedge fund, private equity fund and direct deal investments
- Private equity fund in negotiating an anchor investment in the PIPE round of a biotech SPAC
- Family office in connection with its major public shareholding in a SPAC and related matters
- Private equity fund in bank recapitalization investments including up to 9.9% voting stock ownership and related Federal Reserve passivity commitment filings
- Long/short equity manager with over $3 billion AUM in structuring and launch of hedge funds, long only funds and managed accounts, and ongoing regulatory and corporate advice
- Structuring and negotiation of over $1 billion private equity program for Middle East wealth manager
- Various fund managers in side letter negotiations and investor due diligence questionnaires and responses
- Contributor, Financial Services: Regulation Tomorrow
- Contributor, Regulatory Intelligence
- Contributor, Navigating NFTs: A global legal regulatory guide
- Co-author, "The Corporate Transparency Act is here - are you ready?" Norton Rose Fulbright Legal Update, January 2024
- Co-author, "2023 Crypto round up," Norton Rose Fulbright Legal Update, January 2024
- Co-author, "New year, new reporting requirements," Norton Rose Fulbright Legal Update, January 2024
- Co-author, "FinCEN issues rule governing access to beneficial ownership information," Norton Rose Fulbright Legal Update, January 2024
- Co-author, "FinCEN extends deadline for reporting companies created or registered in 2024 to file beneficial ownership information reports," Norton Rose Fulbright Legal Update, December 2023
- Co-author, "US SEC continues to pursue aggressive and arbitrary regulation of NFTs," Norton Rose Fulbright Legal Update, September 2023
- Co-author, "US SEC adopts wide-reaching rules for private fund advisers," Norton Rose Fulbright Legal Update, August 2023
- Co-author, "IRS to tax staking rewards as income," Norton Rose Fulbright Legal Update, August 2023
- Co-author, "US Federal Court issues mixed ruling in watershed SEC action on Ripple's XRP," Norton Rose Fulbright Legal Update, July 2023
- Co-author, "SEC adopts heightened reporting requirements for private funds," Norton Rose Fulbright Legal Update, May 2023
- Co-author, "What the CTA means for private investment funds and family offices," Norton Rose Fulbright Legal Update, March 2023
- Co-author, "2022 Crypto round up," Norton Rose Fulbright Legal Update, January 2023
- Co-author, "Bringing the UCC into the digital age: Review of the 2022 UCC amendments and controllable electronic records," Norton Rose Fulbright Legal Update, November 2022
- Co-author, "Anatomy of an NFT," Inside Tech Law, April 29, 2021
- Co-author, "SEC Relief For Digital Custody Co. Takes Guarded Approach," Law360, November 14, 2019
- Co-author, "Formation of registered series of Delaware LLCs to be permitted," Westlaw, Thomson Reuters, August 1, 2019
- Co-author, "Anatomy of an ICO," Project Finance NewsWire, April 2018
Speaker, "Regulation of stablecoins, US Bitcoin ETFs, EU crypto assets legislation," Fintech Pulse Podcast, Episode 12, February 2024
Speaker, "The Latest Development in the Crypto: Bitcoin Exchange-Traded Funds," Securitization Insight Podcast, Episode 54, January 29, 2024
Speaker, "The Corporate Transparency Act: Concerns for Securitizations," Securitization Insight Podcast, Episode 50, October 24, 2023
Panelist, "The Metaverse," Association for Women in Crypto, April 2023
Speaker, "Corporate Transparency Act overview and update," Private Wealth Symposium, November 30, 2022
Speaker, "Series LLCs: Structuring and Financing," Strafford Webinars, January 6, 2022
Speaker, "FATF’s new rules and guidance on virtual assets and VASPS in the UK, EU and the US, Stablecoin Report recently issued by the US President’s Working Group, benefits to the FinTech sector of Singapore's new copyright act," Fintech Pulse Podcast, Episode 7, December 2021
Speaker, "DeFi Academy: An introduction to DeFi," September 21, 2021
Speaker, "NFTs, the Mexican FinTech market, Binance, the UK’s BNPL landscape, German standard amendment clause update," Fintech Pulse Podcast, Episode 4, July 2021
- Member, The Digital Chamber
- Member, Association for Women in Cryptocurrency
Insights
Lower court rules Corporate Transparency Act unconstitutional
Publication | March 07, 2024
2024 FinTech Outlook
Blog | February 22, 2024
2024 FinTech Outlook
Publication | February 21, 2024