From DOJ to Digital Assets: Joshua Smeltzer on Deals, Courts & Crypto

M&A+: The Art After The Deal podcast

Lisa sits down with litigator and tax specialist Joshua Smeltzer to unpack how Texas is positioning itself as a digital-asset hub, what the new business-court and “business judgment rule” mean for companies, and how tax and regulatory choices ripple through M&A, treasury strategy, and day-to-day operations. From plain-English explanations of blockchains and NFTs to real-world pitfalls like staking-reward taxation and balance-sheet Bitcoin, Joshua translates complexity into practical moves leaders can make now.

Why listen

• Understand how Texas policy (business courts, SB29) may reduce friction and risk in complex deals.
• Get a clear, non-technical definition of “digital assets” (beyond just crypto).
• Learn the most common digital-asset tax traps—and how to avoid them.
• Hear how treasury strategies that include Bitcoin change deal terms and diligence.

Key Takeaways

Texas is engineering deal confidence.

SB29 codifies the business judgment rule and narrows who can bring internal claims; Texas Business Courts create a specialized venue for complex disputes—both can reduce litigation overhang and speed decisions.

Digital assets ≠ just crypto.

Think tokenized rights, NFT titles/provenance, and blockchain-based records—with use cases expanding beyond finance.

Tax rules are evolving (slowly).

Crypto treated as property drives capital-gains reporting; staking rewards timing is under active challenge; expect more 1099 reporting from exchanges.

Treasury Bitcoin changes M&A.

Buyers and sellers may need volatility-aware terms (collars, true-ups, working-capital-like mechanics) when significant BTC sits on the balance sheet.

Sovereignty vs safety.

Self-custody is powerful—but operational risk (keys, loss) is real. Policy and tooling maturity will determine mainstream adoption.

Guest Links

Joshua on LinkedIn (active commentary & article shares): (7) Joshua Smeltzer | LinkedIn

Forbes column (digital assets, Texas policy, tax/litigation insights): The TeX Factor For Traditional And Digital Asset Businesses

Gray Reed blog: (7) Gray Reed: Posts | LinkedIn

Episode Quote

“In 2030, we’re going to be fine. We’ve been through a lot—and we’ll navigate this era the same way: with clarity, good judgment, and practical rules.”

Listen next: Episodes on TXSE, carve-out playbooks, and AI’s impact on diligence.

Disclaimer

This podcast is for informational purposes only and reflects the personal views and experiences of the participants. It should not be considered legal, tax, or financial advice. Always consult with your own qualified advisors regarding your specific situation before making business or legal decisions.

About In2edge:

In2edge is the consulting firm behind this podcast — helping companies navigate the complex world of post-M&A execution. From contract transitions to procurement, supplier onboarding to compliance, In2edge brings practical, hands-on solutions that go beyond the strategy decks and into real operational impact.

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