Overview

Andrew W. Balthazor is an attorney in Holland & Knight's Miami office, practicing in the Litigation and Dispute Resolution Section. He also co-leads the Crypto Asset Dispute Team. Mr. Balthazor's practice focuses on solving problems born of digital-era innovations such as distributed ledger technologies and cryptocurrencies and other high-stakes complex commercial litigation.

Digital Assets and Blockchain: Mr. Balthazor uses his background in computer science and as a military intelligence officer to address novel problems arising from the technologies underpinning digital assets and distributed ledgers. In June 2022, Mr. Balthazor proposed and secured the world's first court approval for serving legal papers on an anonymous blockchain defendant via non-fungible token (NFT).

Mr. Balthazor is experienced in guiding clients through regulatory gray areas, jurisdictional uncertainties and commercial agreements relating to digital assets. He advises clients regarding digital asset risks and opportunities and, when necessary, collaborates with clients to create strategies mitigating risks or resolving disputes.

Mr. Balthazor's representations address the rippling consequences of the crypto winter initiated by the collapse of blockchain projects and institutions in early 2022, including representing foreign liquidators in the two most significant liquidation proceedings of the crypto industry. Mr. Balthazor has both plaintiff- and defense-side experience with institutional-level crypto scams, Ponzi schemes and pump-and-dump frauds.

Mr. Balthazor's earliest blockchain-related work involved tracing stolen or misappropriated digital assets and cryptocurrencies. He works with third parties around the world – including law enforcement and cryptocurrency exchanges – to investigate, freeze and recover assets. He has also developed first-of-their-kind cryptocurrency claim and distribution systems for victims of virtual Ponzi schemes and initial coin offering (ICO) securities frauds. In 2018, Mr. Balthazor worked on a case using blockchain and financial records to locate and freeze $1 million in stolen cryptocurrency held in Hong Kong.

Complex Commercial Litigation: Mr. Balthazor has a particular focus in disputes involving multiple jurisdictions, inscrutable business entities and obscure financial transactions or evidentiary trails. His experience includes claims for fraud, breach of contract, promissory estoppel, statutory violations, commercial torts, product liability, breach of fiduciary duty and tortious interference.

ERISA Litigation: Mr. Balthazor is an experienced defense-side attorney with a deep understanding of Employee Retirement Income Security Act of 1974 (ERISA) fiduciary duties, ERISA standards of review of administrative decisions and equitable remedies.

Mr. Balthazor served as a judicial law clerk for the Honorable Cecilia Altonaga of the U.S. District Court for the Southern District of Florida. While in law school, Mr. Balthazor worked as a judicial intern for the Honorable Adalberto Jordan of the U.S. Court of Appeals for the Eleventh Circuit, as well as the Honorable Jose Martinez of the U.S. District Court for the Southern District of Florida.

Prior to law school, Mr. Balthazor served as a military intelligence officer with the U.S. Army from 1999 to 2004 and was deployed to Baghdad during the initial year of Operation Iraqi Freedom. He is an active participant in Holland & Knight's Veterans Group.

Mr. Balthazor also contributes his time to pro bono efforts, including veterans and community service projects. Additionally, he volunteers as a mentor to pre-law and law students.

Representative Experience

  • Secured a favorable jury verdict for a national brand defending against claims from a meme coin issuer
  • Represented the foreign liquidators of an offshore digital asset hedge fund in a Chapter 15 proceeding, including asset investigations, recovery and filing creditor claims, and advise the liquidators on blockchain technical and U.S. legal issues relating to claims in the foreign liquidation proceeding
  • Represented the foreign liquidators of an offshore digital asset exchange in filing for Chapter 15 recognition of the foreign proceeding
  • Represented the foreign liquidators of an offshore digital asset broker-dealer in filing creditor claims in a Chapter 11 proceeding
  • Represented the receiver of companies in a U.S. Securities and Exchange Commission (SEC) enforcement action involving $21 million raised via a fraudulent initial coin offering (ICO), resulting in the return of 91 percent of investors' contributions
  • Represented the distribution agent of an SEC Fair Fund resulting from the disgorgement of nearly $10 million in assets from an ICO securities fraud, resulting in the return of more than 100 percent of investors' contributions
  • Represented the receiver of a company in an SEC enforcement action allegedly involving more than $49 million in a crypto and multi-level marketing scheme
  • Recovered digital asset treasury for a crypto project founder and resolved disputes between the founder and the project's employees
  • Represented a client defending against unregistered securities promoter liability in connection with digital assets
  • Advised individuals and entities in active SEC, U.S. Department of Justice (DOJ) and other governmental investigations and enforcement actions, including responding to voluntary requests and subpoenas for documents, and providing interviews and sworn testimony
  • Represented a European digital asset exchange in a post-theft asset recovery action
  • Successfully secured dismissal with prejudice of claims that a national brand client was liable to meme coin investors
  • Advised a blockchain mining company regarding digital assets-collateralized loans and perfection of security interests
  • Advised an international commerce company regarding accepting bitcoin as payment

  • Represented a major cruise line and crafted legal theories and initial complaint that ultimately led to Florida's largest jury verdict of 2022
  • Represented a foreign company defending against claims of security law violations and other claims, and successfully argued that the foreign company was not subject to the personal jurisdiction of U.S. courts

Credentials

Education
  • Florida International University College of Law, J.D., magna cum laude
  • United States Military Academy, West Point, B.S., Computer Science
Bar Admissions/Licenses
  • Florida
Court Admissions
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
Memberships
  • West Point Society of Miami, Vice President, 2020–Present
  • West Point Association of Graduates
  • American Bar Association, Litigation Section
  • American Bar Association, International Litigation & Dispute Resolution Committee
  • American Bar Association, Business Law Section
  • American Bar Association, Cyberspace Law Committee
  • The Florida Bar, Business Law Section
  • The Florida Bar, International Law Section
  • Federal Bar Association, Florida International University Chapter President, 2018–2019
Honors & Awards
  • Innovators, Florida Legal Awards, Daily Business Review, 2023
  • Holland & Knight Pro Bono All-Star, 2021
  • CALI Excellence for the Future Award, Federal Civil Procedure, Florida International University College of Law
  • CALI Excellence for the Future Award, Legal Skills and Values (LSV I, LSV II, LSV III), Florida International University College of Law
  • Dean's List, United States Military Academy, West Point, 1998-1999
Spoken Languages
  • English

Publications

Speaking Engagements

News