Dan McAvoy takes a practical and knowledgeable approach to the law of digital assets, private funds, securities, and other investments from a transactional, regulatory, fundraising, and formation perspective. As co-chair of the firm’s FinTech and Blockchain practice, he frequently works at the intersection of all of these areas, particularly with respect to: 

  • the formation and launch of private investment funds, including those with a digital asset or FinTech strategy;
  • offerings by and investments into organizations in the crypto and Web3 space; 
  • structuring decentralized autonomous organizations (DAOs); 
  • navigating the launch of non-fungible token (NFT) projects; 
  • asset fractionalization and tokenization; 
  • coordinating complex international projects; and 
  • helping digital asset organizations comply with the rapidly-evolving regulatory environment. 

Dan has served as lead issuer’s counsel on a wide array of offerings, including private investment fund offerings, IPOs, Regulation A+ offerings, Rule 506(c) offerings, Regulation S offerings, offerings using an array of exemptions from registration under the Investment Company Act, and investment platform structuring.  Dan is a trusted advisor to numerous investment advisers, digital asset projects, DAOs, fund sponsors, broker-dealers, and investors, and has represented a range of organizations, from startups to Fortune 500 companies to unincorporated entities through all portions of the corporate life cycle.

Dan’s funds practice includes fund formation as well as private equity and private company secondaries, such as complex GP-led restructurings of private equity funds, secondary direct investments, and portfolio acquisitions. Dan also has in-depth experience helping overseas fund managers enter the U.S. markets for the first time, including marketing to U.S. investors, formation of parallel and feeder funds, making U.S. investments, acquisitions, and divestitures (including those with an investment adviser or broker-dealer component or that require regulatory approvals from the SEC or FINRA), and starting U.S. operations. 

Education

  • New York University (J.D., 2003)
    • University of South Florida (B.A., magna cum laude, 2000)

      Bar Admission

      • New York
      • Florida

      Professional Affiliations

      • Wall Street Blockchain Alliance Legal Working Group and Tokenization Working Group
      • International Bar Association

      Recognition

      • Selected for inclusion in New York Super Lawyers: Securities & Corporate Finance, 2023
      • Super Lawyers Rising Star: Securities and Securities Regulation, 2014 – 2019
      • Legal 500: Middle Market M&A, 2017 - 2018
      Publications
      SEC Increases Qualified Client Thresholds for Performance Fee Arrangements
      Key Takeaways: The SEC has increased the qualified client thresholds under Rule 205-3 effective June 29, 2026, raising the assets-under-management test to $1.4 million and the net worth test to $2.7 million. The changes reflect the SEC’s required five-year inflation adjustment under the Advisers Act. The updated thresholds affect when SEC-registered (and certain state-registered/exempt) investment advisers may charge performance-based compensation, including incentive fees, performance allocations and carried interest. New subscriptions, advisory contracts and transfers after June 29, 2026, must satisfy the revised standards. Advisers should update subscription documents, managed account agreements, compliance policies and marketing materials before the effective date. Firms with pending closings or investor admissions should also assess whether transaction timing affects qualified client eligibility. The SEC has issued a final order
      Read More
      Navigating California’s New Venture Capital Reporting Framework Beginning March 1, 2026
      Update: The California Department of Financial Protection and Innovation (DFPI) has announced a suspension of the requirement for covered entities to submit registrations or file reports under the Fair Investment Practices by Venture Capital Companies Law (FIPVCC). Venture capital companies are no longer required to make filings by the April 1, 2026, deadline. Instead, DFPI announced that it will initiate a formal rulemaking process surrounding the law. Before formally drafting rules, DFPI intends to seek input from venture capital companies, industry associations, founders, investors and other stakeholders. Once the formal rulemaking process starts, it must be completed within a year. At a minimum, this means the registration and filing process is being postponed by at least a few months (and more likely over
      Read More