The SEC shortened Schedule 13D and Schedule 13G beneficial ownership reporting deadlines and amended disclosure requirements.
The SEC modified and accelerated the initial filing and amendment deadlines, as well as...more
11/10/2023
/ Beneficial Owner ,
Compliance ,
Deadlines ,
Derivatives ,
Disclosure Requirements ,
EDGAR ,
New Rules ,
Passive Investments ,
Reporting Requirements ,
Schedule 13D ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Security-Based Swaps ,
Shareholders
Arguments presented by Coinbase in its answer to SEC charges would, if accepted, potentially deprive the SEC of its most effective tool in regulating digital assets.
The SEC alleges in a Complaint in SDNY that Coinbase...more
7/6/2023
/ Coinbase ,
Contested Proceedings ,
Crypto Exchanges ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Howey ,
New Legislation ,
Regulatory Authority ,
SCOTUS ,
Securities Act ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation
New York state court ruled that a non-defaulting insurer’s valuation under the 1992 ISDA Master Agreement was commercially reasonable and in good faith and was not required to rely on market prices that distorted the value of...more
The SEC seeks to regulate trading through internal compliance processes.
The SEC settled insider trading charges in relation to misuse of a Rule 10b5-1 plan established in the name of a British Virgin Islands entity owned...more
1/5/2023
/ 10b5-1 Plans ,
Broker-Dealer ,
BVI Business Companies ,
Cease and Desist Orders ,
CEOs ,
Chief Technology Officer (CTO) ,
Compliance ,
Final Rules ,
Insider Trading ,
MNPI ,
Publicly-Traded Companies ,
Risk Mitigation ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Settlement
Affected individuals should review their 10b5-1 plans and Section 16(a) Reporting practices to ensure they comply with the new regulations.
Directors, officers and other persons (other than issuers) cannot maintain more...more
1/5/2023
/ 10b5-1 Plans ,
Affirmative Defenses ,
Certifications ,
Cooling-Off Rule ,
Disclosure Requirements ,
Insider Trading ,
MNPI ,
New Amendments ,
New Regulations ,
Private Equity Funds ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
In an amicus brief, the International Swaps and Derivatives Association and the Securities Industry and Financial Markets Association argued that the amount of a dealer’s termination claim under the 1992 ISDA Master Agreement...more
11/29/2022
/ Amicus Briefs ,
Bankruptcy Code ,
Bankruptcy Court ,
Debtors ,
Insolvency ,
Interest Rates ,
Ipso Facto Clauses ,
ISDA ,
SIFMA ,
Swaps ,
Trade Associations
The Act would expand the jurisdiction of the Commodity Futures Trading Commission to spot markets in digital commodities and would preempt state law.
The timeline for the bill appears to be aggressive, with hearings on...more
Businesses connected to digital assets in any way have an opportunity to influence public policy if they submit comments by July 5, 2022.
On May 19, 2022, the U.S. Department of Commerce’s International Trade...more
5/25/2022
/ Biden Administration ,
Blockchain ,
Central Bank Digital Currency (CBDCs) ,
Comment Period ,
Competition ,
Digital Assets ,
Digital Currency ,
Executive Orders ,
Financial Institutions ,
International Trade ,
Non-Fungible Tokens (NFTs)
The Biden Administration has launched a comprehensive effort to develop a cohesive policy approach for digital assets.
Key agencies are instructed to report on digital asset issues and legal framework in relation to...more
3/14/2022
/ Anti-Money Laundering ,
Biden Administration ,
Central Bank Digital Currency (CBDCs) ,
CFTC ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Digital Assets ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Non-Fungible Tokens (NFTs) ,
Securities ,
Securities and Exchange Commission (SEC) ,
U.S. Treasury
Department of Justice announces criminal and civil cryptocurrency initiatives as Securities and Exchange Commission Chair Gensler continues to develop the agency’s regulatory and enforcement agenda.
Despite an unsettled...more
12/1/2021
/ Anti-Money Laundering ,
Asset Recovery ,
Cryptocurrency ,
Cybersecurity ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement ,
False Claims Act (FCA) ,
Fraud ,
Policies and Procedures ,
Popular ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Senate Banking Committee
The incoming Biden team will need to quickly address significant digital asset issues, including a major enforcement action and a significant proposed FinCEN rule initiated in the final days of the outgoing...more
1/25/2021
/ Bank Secrecy Act ,
Biden Administration ,
Digital Assets ,
Dodd-Frank ,
Enforcement Actions ,
FinCEN ,
Money Services Business ,
Notice of Proposed Rulemaking (NOPR) ,
Popular ,
Ripple ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
Virtual Currency
BitMEX, a Seychelles-based centralized exchange for trading derivatives on bitcoin, ether and litecoin, and certain of its executives have been charged with a number of violations under the U.S. Commodity Exchange Act (CEA),...more
10/8/2020
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Bitcoin ,
CFTC ,
Commodity Exchange Act (CEA) ,
Department of Justice (DOJ) ,
Digital Assets ,
Due Diligence ,
Ether ,
Futures Commission Merchants (FCMs) ,
Geo-Blocking ,
SEFs ,
Trading Platforms ,
U.S. Customs
OCC grants national banks the authority to provide cryptocurrency custody services for customers.
On July 22, 2020, the Office of the Comptroller of the Currency (OCC) issued an interpretive letter (the letter) granting...more
Businesses await clarity from the federal government on liability protections for injuries resulting from COVID-19.
Current federal law provides liability protection to businesses but is limited to COVID-19 related...more
Businesses continue to face uncertain liability risks from COVID-19-related lawsuits.
The state initiatives for civil liability protections for businesses remain limited and varied by jurisdiction.
The statutes enacted to...more
7/14/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Distributors ,
Executive Orders ,
Health Care Providers ,
Immunity ,
Long Term Care Facilities ,
Manufacturers ,
Nursing Homes ,
Personal Protective Equipment ,
Premises Liability ,
Relief Measures ,
Restaurant Industry ,
State and Local Government
Simple Agreements for Future Tokens pose difficult and controversial legal questions under U.S. securities, commodities and tax laws.
SAFT holders face significant difficulties in securing liquidity, and regulatory issues...more
7/7/2020
/ Commodities ,
Commodity Exchange Act (CEA) ,
Eligible Contract Participant ,
Forward Contracts ,
Income Taxes ,
Investment Contract ,
Investors ,
IRS ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Tokens ,
Simple Agreement for Future Tokens (SAFT) ,
Virtual Currency
On the newest episode of Industry Insights podcast, host Joel Simon and Daniel Budofsky discussed digital securities and virtual currencies. Joel Simon: While the world has been busy battling COVID-19, it has been making...more
Private investments in public equity are likely to become more popular as investors and public companies utilize PIPEs to navigate market turbulence.
In the face of tremendous market uncertainty, PIPE transactions offer...more
4/29/2020
/ Board of Directors ,
CFIUS ,
Conversion ,
Dividends ,
Hart-Scott-Rodino Act ,
Investors ,
Liquidity ,
Nasdaq ,
NYSE ,
PIPEs ,
Publicly-Traded Companies ,
Shareholders ,
Stock Redemption
New York DFS proposal: A step forward in treating digital coin assets in a manner commensurate with more traditional financial assets.
The New York State Department of Financial Services (DFS) proposed guidance that will...more
1/8/2020
/ Bitcoin ,
Comment Period ,
Corporate Governance ,
Digital Assets ,
Ether ,
Initial Coin Offering (ICOs) ,
Licenses ,
Licensing Rules ,
New Guidance ,
NYDFS ,
Virtual Currency
Federal regulators start to address some of the recent questions about digital assets such as tokens and virtual currencies, though many questions remain.
U.S. Regulators and Congress are grappling with how to manage the...more
9/12/2019
/ Anti-Money Laundering ,
Asset Tokens ,
Commodities ,
Cryptocurrency ,
Digital Assets ,
Financial Industry Regulatory Authority (FINRA) ,
Howey ,
Know Your Customers ,
Legislative Agendas ,
No-Action Letters ,
Regulatory Agencies ,
Regulatory Agenda ,
Securities ,
Securities and Exchange Commission (SEC) ,
Utility Tokens ,
Virtual Currency
Commodity Futures Trading Commission publishes its first-ever Enforcement Manual.
On May 8, 2019 the CFTC’s Division of Enforcement published its Enforcement Manual, providing market participants for the first time ever...more
Commission’s action shows the limited utility of the utility token-security token distinction.
Regulator finds that sellers of blockchain-based digital coins cannot dodge securities law by calling the coins “utility...more
1/3/2018
/ Blockchain ,
Cryptocurrency ,
Digital Currency ,
Howey ,
Initial Coin Offering (ICOs) ,
Investors ,
Regulation A ,
Rule 506 Offerings ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Tier 2 Offerings ,
Token Sales ,
Unregistered Securities ,
Virtual Currency
The ICO boom in 2017 brings with it questions of jurisdiction and compliance, and a need for further guidance -
The benefits of ICOs in raising capital, as well as in providing a marketing push for a new business model,...more
11/3/2017
/ Bitcoin ,
Blue Sky Laws ,
Canada ,
Canadian Securities Administration ,
China ,
Cryptocurrency ,
CTFC ,
Ether ,
Howey ,
Initial Coin Offering (ICOs) ,
Initial Public Offering (IPO) ,
Investment Contract ,
Investors ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Smart Contracts ,
South Korea ,
Startups ,
Token Sales ,
Trading Platforms ,
Unfair or Deceptive Trade Practices
Within the past few months, there have been a number of reports of the resurgence, particularly in Europe, of synthetic securitizations of risky assets. These transactions allow banks to transfer credit and other default...more
Over the past few years, many merchant gas-fired power generation plants operating in the regional transmission organization, PJM Interconnection and in the New York Independent Service Operator (NYISO) areas have been...more