Early, on the record

First, where it's hard.

Some firms wait for a market to settle before they will touch it. We have made a practice of the opposite, acting as early counsel where capital is forming and the rules are still being written. This is the record of when.

The thesis

An emerging industry does not announce itself. By the time it is safe, the advantage is gone.

We go early, where capital is forming and the rules are unwritten.

That is the whole idea. A new industry passes through a window, after the technology works but before the law catches up, when the questions are open, the precedent is thin, and most counsel will not engage on terms they cannot underwrite. We engage there, because that window is where structure decides outcomes, and structure is what we do.

Being early is a discipline. It means reading a regulator's posture before there is guidance, building structures that survive the framework that eventually arrives, and accepting that some of the most consequential work will never be seen. The clients who move first carry real risk. Our job is to make sure the risk is the one they chose, and that nothing the other side, or the agency, finds later is a surprise.

What follows is dated on purpose. Each entry below marks a year we believe we were among the first to advise in an industry whose rules were still being written. The pattern is the point.

The record

Five stops on the frontier. Each marks a year we entered an industry before the consensus did, and stayed as it became an established industry.
Dated & under review
2013

Healthcare

What we saw. Ambulatory surgery centers, physician groups, and pain, neuro, and spine practices that needed corporate counsel fluent in the regulation around them, from the firm's first year.

What it means now. Healthcare remains the foundation of the practice: the corporate, regulatory, and transactional work of groups and networks, and the base from which the wellness and longevity practice grew.

Since 2013RegulatoryTransactionsThe foundation
Healthcare
2014

International & Offshore Structuring

What we saw. Cross-border structure, banking and asset protection for high-frequency trading firms and the families behind them, taken on before the Common Reporting Standard made offshore accounts visible to home tax authorities.

What it means now. The practice predates the Panama Papers of 2016 and did not pause when they broke. Family offices and managers come to us to re-paper structures for today's beneficial-ownership rules, through a partner network of locally admitted counsel in about 51 jurisdictions.

Since 2014Cross-borderAsset ProtectionAmong the earliest
Intl Structuring
2014

Digital Assets & Blockchain

What we saw. A category before it had a name, with tokens, exchanges, and funds that needed a regulatory posture years before any agency would offer one. Corporate-side work in the recovery of assets after the Mt. Gox collapse, and one of the first digital-asset fund structures in the Bahamas.

What it means now. Counsel to digital-asset funds, family offices and exchanges on regulatory and compliance matters, Binance, Coinbase, Kraken and OKX among the exchanges, and to clients in matters before the SEC, CFTC and IRS as the rules took shape.

Since 2014Tokens & FundsExchangesAmong the first
Digital Assets
2015

Cannabis & Regulated Industries

What we saw. A legitimate industry forming under a federal cloud, when most firms still filed it under "exposure" and declined the engagement on principle. Illinois's first medical dispensaries opened in 2015; adult use followed four years later.

What it means now. Outside corporate counsel to Revolution and other licensed operators through Illinois legalization and the seed-to-sale build-out, with licensing across Illinois, Pennsylvania, Maryland, Florida, and Michigan.

Since 2015LicensingSeed-to-SaleEarly counsel
Cannabis
2020

Wellness & Longevity

What we saw. Peptides, GLP-1s, and metabolic healthspan scaling from clinics to networks well ahead of a settled regulatory framework.

What it means now. Early counsel from medspas to hospital networks, and general counsel to peptide and longevity companies, on the deal structure and defensible sourcing record this category now demands.

Since 2020RegulatoryLongevityEarly counsel
Longevity

Dates reflect when the firm believes it was among the first to advise in each industry · hedged deliberately and kept under continuing review

Why the dates matter

The record is dated on purpose.

A frontier record is a set of dates, and dates can be checked.

Any firm can stand up a digital-assets group or a cannabis practice once the category is established and the revenue is obvious. What cannot be manufactured later is a dated, pre-consensus record of counsel given in the years before the market agreed the work was even safe to do. That is what this page sets out.

This is also a question of how a firm makes decisions. Entering an unsettled industry is rarely a comfortable vote. It asks a firm to take a position before there is precedent to hide behind. We have been willing to take that position, and to say when.

So we do not lean on a list of practices. We lean on the timeline. Each date marks a year we believe we were among the first to advise in an industry whose rules were still being written. The record shows judgment exercised before the outcome was obvious. It makes no claim about anyone else’s practice.

Frontier Radar ·

The record looks forward, too.

The record has a present tense. Frontier Radar is the working edge of it, a weekly read on what is moving where the rules are still forming: classification shifts in digital assets, sourcing scrutiny in longevity, beneficial-ownership tightening in cross-border banking, and interstate questions in cannabis.

What's moving on the frontier this week Why it changes the structure you're building Published alongside Field Notes from the desk
Open the Radar in Field Notes →
First, where it's hard

You move first. We hold the line behind it.

If you are early in an industry whose rules are still being written, that is the room we are usually in. Tell us what you're building.