Kimberly Prior

Practice Areas

Kimberly Prior is a member of the Financial Services Practice Group and Co-Chair of the firm’s Digital Assets and Blockchain Technology Group. 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, digital asset, 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.

Kimberly is a member of the firm’s Bank Receivership Task Force, created in March 2023.

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.

Professional Memberships

- 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

Publications

- 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)

Industry Sector Expertise

Speaking Engagements

- 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

Expert in these Jurisdictions

Florida

Experience

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 FINRA Continuing Membership Application process related to business reorganization

- Advised investor group on acquisition of broker-dealer

- Represented a national bank in the acquisition of a payday lending company

- Advised 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 Florida bank in connection with sale to investor group

- Advised 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 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 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 issuer regarding its 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 investor acquiring a cryptocurrency tax reporting company

Education

Awards