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For Corporate Legal Teams, Crypto Assets Are Now Part of Their Remit

By  |  January 29, 2026

For years, crypto assets sat on the edge of corporate decision-making. They were watched closely but rarely touched. That is changing fast. Large companies are now asking whether digital assets should play a role in how they move money, manage cash, and plan for the future. And that shift is pulling corporate legal leaders into the spotlight.

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    For chief legal officers and general counsels, crypto assets are no longer a side issue for legal teams. Instead, according to a new post by Foley & Lardner, they are becoming a strategic topic that demands clear oversight, plain rules, and early involvement from legal departments.

    Per the post, recent changes in U.S. law have removed much of the uncertainty that kept companies on the sidelines. With the enactment of the GENIUS Act, stablecoins now operate under a formal federal framework. That framework gives companies clearer rules for buying, holding, and using these assets in day-to-day operations. At the same time, global regulators are moving in a similar direction, making it easier for multinational firms to plan across borders.

    Against that backdrop, Foley & Lardner makes the case that legal leaders can no longer afford a wait-and-see approach. Treasury teams, finance executives, and boards are already asking how digital assets might improve payments, reduce friction in cross-border transactions, or diversify balance sheets. Legal teams are expected to have answers.

    “The imperative is clear: ‘Legal’ must lead, not follow,” the authors write. Legal departments are not being asked to react after decisions are made. They are being asked to shape those decisions from the start.

    Related: CFTC Certifies First Crypto-Native Exchange as a Designated Contract Market

    Stablecoins and bitcoin are the most relevant assets for corporate use today. Stablecoins are framed as tools for payments and cash management rather than speculative investments. Bitcoin, by contrast, is presented as a long-term asset that some companies are beginning to hold alongside traditional investments.

    Foley & Lardner stresses that digital assets carry real risks and require clear internal controls. Legal teams are urged to pay close attention to who issues a stablecoin, how reserves are managed, and how transactions are monitored. The authors also point out that tax treatment does not always match economic reality. Even assets that behave like cash may still be treated differently by tax authorities.

    Internal coordination is also essential. Foley & Lardner emphasizes that crypto strategy cannot sit in a single department. Legal teams are encouraged to work closely with compliance, finance, IT, and risk managers. Small pilot programs are recommended over large, immediate rollouts. Education is also a priority, especially for boards that may still associate crypto with headlines rather than infrastructure.

    Looking ahead, the post signals that the pace of change is unlikely to slow. Additional federal rules on digital asset markets are expected. Enforcement activity could increase as adoption grows. New use cases, including tokenized securities, are also on the horizon.

    For corporate legal leaders, the message is not that every company must embrace crypto assets today. It is that the topic now belongs squarely within their remit. As the authors conclude, digital assets are becoming a lasting part of the financial system. Legal teams that engage early will be better positioned to guide strategy, manage risk, and respond as the rules continue to evolve.