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New SEC Rules Mandate Public Disclosures and Enhance NMS Stock ATS Oversight

ATSs that trade NMS stocks should prepare for new Form ATS-N filings requiring substantial public disclosure of their operations and their broker-dealer operator’s ATS-related activities. Summary - On July 18, 2018,...more

SEC Takes Enforcement Action and Issues Statement on Digital Asset Trading Platforms

Crypto trading platforms worldwide should be aware of recent SEC actions if they provide access to US persons or persons within the U.S. for trading. Global financial regulatory authorities have begun to take action and...more

SEC’s Recent BitFunder Charges and Statement on Digital Asset Trading Platforms - What They Mean to Crypto Market Participants

Crypto asset trading platform operators should prepare to comply with securities regulations if the crypto assets traded are securities. Key Points: ..Finding that the digital assets traded on the BitFunder platform...more

SEC Takes Enforcement Action against Utility Token ICO

The SEC’s latest enforcement action and its Chairman’s statement clarify the application of securities laws to ICOs and cryptocurrency markets. Introduction - On December 11, 2017, the US Securities and Exchange...more

SEC: Certain Initial Coin Offerings Are Securities Offerings

SEC’s investigative report sends clear message that virtual transactions using innovative technologies are subject to the application of securities laws. Introduction - On July 25, 2017, the US Securities and Exchange...more

What Do the SEC’s Recent Bitcoin Disapproval Orders Really Mean for Investors?

Regulators responded to a narrow question about trading bitcoin-based securities, with orders that should not limit innovation in bitcoin technologies. On March 10, 2017, the US Securities and Exchange Commission (SEC)...more

OCC to Make Available Special Purpose National Bank Charters to Fintech Companies

While many fintech companies will welcome the regulatory approach, banks and state regulators have some concerns. In a long-awaited move aimed at establishing some clarity around the regulatory framework for companies...more

Bitcoin Again Held to Be “Funds” for Federal Money Transmitting Purposes

Murgio decision reflects a growing judicial consensus around the application of money transmitting laws to Bitcoin exchangers. On September 19, 2016, U.S. District Judge Alison J. Nathan of the Southern District of New...more

SEC Publishes Consolidated Audit Trail Plan

The plan would create a single database to enable regulators to track all trading activity in the US equity and options markets. On April 27, 2016, the Securities and Exchange Commission (SEC) published for public...more

How to Regulate New Financial Technologies While Supporting Innovation

Office of the Comptroller of Currency publishes proposed framework for responsible innovation in federal banking. The Office of the Comptroller of Currency (the OCC or the Agency) recently published a whitepaper,...more

Cryptocurrency: A Primer

What is cryptocurrency? There is no one standard definition of cryptocurrency. At the most basic level cryptocurrency—or digital currency or virtual currency—is a medium of exchange that functions like money (in that it...more

Enforcement Trends in Cryptocurrency

Cryptocurrency is on the rise...and so are enforcement actions. In less than a decade, cyptocurrencies have grown from a novelty reserved for those dealing in the illicit into a robust platform embraced by financial...more

SEC Proposes Enhanced Transparency and Oversight of Certain Alternative Trading Systems

The proposal would subject ATSs that effect transactions in listed stocks to significant new disclosure and transparency requirements. On November 18, 2015, the US Securities and Exchange Commission (SEC) proposed rules...more

Regulatory Notes on Bitcoin and Other Cryptocurrency Derivatives

Six things every investor, start-up, financial institution and payment processor should know about the future regulation of Bitcoin and other cryptocurrency derivatives. With the quickly developing market for...more

What General Counsel Need To Know About The Latest Cybersecurity Developments

In the wake of reported security breaches at a number of significant financial institutions, cybersecurity is garnering more attention and concern than ever before — both within the financial services industry and among...more

To Fix the Technology Glitches, SEC Imposes New Regulation SCI on the Markets

Detailed rules will become effective February 2015, with compliance required by November 2015. On November 19, 2014, the Securities and Exchange Commission (the Commission) adopted new rules for technology...more

Virtual Currencies: New York State Department of Financial Services Discusses Proposed Regulations

As the proposed BitLicense takes shape, New York regulators are engaging in discussions with industry players. On October 14, 2014 Benjamin N. Cardozo School of Law organized a panel discussion as part of its Tech...more

GMAC/CFTC Hosts Open Meeting Regarding Bitcoin and Digital Currency

The CFTC discusses first Bitcoin swap listed on a CFTC-regulated platform and Bitcoin regulation generally with panel of industry participants. The Global Markets Advisory Committee (GMAC) of the U.S. Commodity...more

10/22/2014  /  Bitcoin , CFTC , GMAC , Virtual Currency

Virtual Currencies: New York State Department of Financial Services Releases Proposed Regulations

As the first of their kind, the proposed regulations may add legitimacy to virtual currencies, but the new regulatory regime could stifle innovation and development. On July 23, 2014, the New York State Department of...more

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