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Litigation Minute: Surviving the Ever-Changing Cryptocurrency Regulatory Landscape (Cryptocurrency Litigation Series: Part One of...

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One of the hottest areas in the law right now is cryptocurrencies and digital assets. One seemingly cannot open a news website without seeing stories about cryptocurrency risks,...more

HUB Talks: The Impact of Overdraft Fees on Banks and Consumers

In this episode, Judie Rinearson and John ReVeal discuss class action litigation and regulatory enforcement concerns arising from overdraft fee disclosures and practices. John also shares his insight about possible...more

HUB Talks: Payments Across the Globe Miniseries - Trends in Brazil

Judith Rinearson and Jeremy McLaughlin sit down with payments lawyers to cover the fintech market place, trends, and developments around the world in the Payments Across the Globe miniseries. In this episode Judith...more

HUB Talks: Payments Across the Globe Miniseries - Trends in Singapore

Judith Rinearson and Jeremy McLaughlin sit down with payments lawyers to cover the fintech market place, trends, and developments around the world in the Payments Across the Globe miniseries. In this episode Jeremy McLaughlin...more

HUB Talks: Payments Across the Globe Miniseries - Trends in Germany

Judith Rinearson and Jeremy McLaughlin sit down with payments lawyers to cover the fintech market place, trends, and developments around the world in the Payments Across the Globe miniseries. In this episode Jeremy...more

HUB Talks: Payments Across the Globe Miniseries - Trends in Europe and Belgium

Judith Rinearson and Jeremy McLaughlin sit down with payments lawyers to cover the fintech market place, trends, and developments around the world in the Payments Across the Globe miniseries. In this episode Judith Rinearson...more

Fintech Forward: Payments Across the Globe Miniseries - Trends in the U.S.

In this episode Judith Rinearson interviews Mary Baker and Daniel Cohen about the major changes in the U.S. beyond COVID-19 since the election, focusing on the establishment of the new U.S. administration and the initiatives...more

The Coming Blockchain Revolution in Consumption of Digital Art and Music: The Thinking Lawyer's Guide to Non-Fungible Tokens...

First there were CryptoKitties. Then came digital art, CryptoPunks and NBA Top Shot. But when Beeple’s digital art piece “Everydays: The First 5000 Days” sold at Christie’s for US$69 million, the NFT mania truly began. And as...more

UK Payments Regulation – Changes Are Coming

On 28 January 2021, the Financial Conduct Authority (FCA) published a consultation paper (CP21/3)1 proposing various changes to the UK regulation of payment services and electronic money. Most of the proposed changes relate...more

New UK Requirements on Cross-Border Payments – "Onshoring" and Practical Issues

The Cross-Border Payments Regulation (EC) No 924/2009 (CBPR) is the EU legislation that sets out the principle of equality of charges for intra-EU cross-border euro payments and corresponding national payments within an EU...more

European Commission's Legislative Proposals on Crypto-Assets and DLT

On 24 September 2020, the European Commission (Commission) launched its Digital Finance Strategy (Strategy). The Strategy includes, among other elements: (i) a proposal for a Regulation on Markets in Crypto-Assets with its...more

OCC Confirms National Banks Can Hold (Certain) Stablecoin Reserves

On 21 September, the Office of the Comptroller of the Currency (OCC) issued Interpretive Letter Number 11721 (Letter) confirming that national banks and federal savings associations (collectively, national banks) can hold...more

Rocky Mountain Low? Implications of the Settlement of Colorado's Challenge to Partnerships Between Banks and Marketplace Lenders

The impact of state usury laws on marketplace lending has been an area of concern since the inception of the industry. In a technique borrowed from the payday lending industry, online platforms that make unsecured consumer...more

New York (More) Open for (Crypto) Business: NYDFS Proposes Important Changes to the BitLicense

Since finalizing the “BitLicense” regulatory regime in June 2015, the New York Department of Financial Services (NYDFS) has granted only 25 licenses. This underscores how the BitLicense regulatory framework has been a barrier...more

It’s BA-ACK! OCC Planning a New Fintech Charter: “Payments Charter 1.0”

On June 25, 2020, Acting Comptroller Brian Brooks announced in an American Bankers Association’s podcast that the Office of the Comptroller of the Currency (the “OCC”) is planning to introduce “Payments Charter 1.0”, which...more

The OCC’S ANPR on Digital Banking: Is this a Harbinger for Digital and Open Banking in the US?

The office of the Comptroller of the Currency (OCC) issued an Advance Notice of Proposed Rulemaking (ANPR) on June 3, 2020, focusing on digital banking activities. Typically such ANPRs are a precursor to new federal...more

6/19/2020  /  Banking Sector , OCC , Open Banking

OCC Issues Final Rule to Fix Madden

On May 29, 2020, the Office of the Comptroller of the Currency (“OCC”) issued a final rule (https://www.occ.gov/news-issuances/federal-register/2020/nr-occ-2020-71a.pdf) to clarify that, when a federal or state-chartered...more

COVID-19: Its Impact on Banking, Fintech, and Payments: FAQs

1. Q. The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) implements the disbursement of $1,200 payments of COVID-19 stimulus funds to millions of Americans. How will the current payment system address the...more

The Privacist - Volume 2

November will see several opportunities to discuss privacy matters in Europe and meet with The Privacist contributors within the K&L Gates’ platform, in connection with the International Association of Privacy Professionals...more

In the Weeds: House Moves Toward Opening Banks to Cannabis-Related Legitimate Businesses

On Wednesday, September 25th, the House of Representatives approved the “Secure and Fair Enforcement (SAFE) Banking Act of 2019” (H.R. 1595) by a vote of 321 to 103. The bipartisan bill is the first stand-alone cannabis...more

When Does “Actual Delivery” of a Purchased Cryptocurrency Occur? U.S. Ninth Circuit Court of Appeals Sheds Some Light

Back in 2018, four different courts in the U.S. held that cryptocurrencies were commodities. This did not cause a huge ripple in the cryptocurrency community because the Commodity Exchange Act does not apply to retail...more

New FATF Guidance Will Significantly Impact the Crypto Industry

The Financial Action Task Force (“FATF”), an intergovernmental organization aimed at combatting money laundering and thwarting terrorist financing, recently issued final recommendations for the regulation of...more

Is Open Banking Coming to the United States?

What is Open Banking? Open banking is a collaborative model in which banks and other similar regulated financial institutions are required to share their customers’ financial data with third parties upon the request of...more

Trouble in Paradise: Florida Court Rules that Selling Bitcoin is Money Transmission

The growing popularity of virtual currency over the last several years has raised a host of legislative and regulatory issues. A key question is whether and how a state’s money transmitter law applies to activities involving...more

Understanding the Effect of Wyoming’s Blockchain and Cryptocurrency Legislation

March was a busy month in the blockchain and cryptocurrency space for the Wyoming state government. The legislature passed, and the governor signed, five bills that many in the industry view as favorable to blockchain and...more

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