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New York State Senate Extends ‎Foreclosure and Eviction Moratorium from August 31, ‎‎2021 ‎until January 15, 2022‎

In one of her first acts as Governor of New York, newly appointed Governor Kathy Hochul ‎called for a “Special” legislative session on September 1, 2021, to extend the moratorium on ‎foreclosure and eviction actions provided...more

New York State Senate Extends Foreclosure and Eviction Moratorium From May 1, 2021 ‎Until August 31, 2021

On May 3, 2021, the New York State Senate voted to extend the moratorium on foreclosure and eviction actions provided in the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (S.9114/A.11181)(the “Eviction...more

New York’s Court of Appeals Issues Groundbreaking Ruling on Foreclosure Statute of ‎Limitations

After several years of inconsistent decisions involving New York’s six-year statute of limitations for mortgage foreclosure actions, the New York Court of Appeals took the bull by the horns and issued a groundbreaking...more

New York Court of Appeals Appears Ready to Decide Whether Discontinuance of a ‎Foreclosure Action Can De-Accelerate a Loan and...

While New York courts continue to hear cases involving defaulted loan obligations stemming from the 2008 financial crisis, on January 5, 2021, the New York Court of Appeals heard arguments on four related cases involving New...more

NYAG Flexes Regulatory Muscle—Injunction Against Virtual Currency Exchange Bitfinex

Bitfinex—one of the largest cryptocurrency exchange platforms in the world—is under investigation by the New York Attorney General (the “NYAG”) for allegedly violating New York securities law under the Martin Act....more

Exchangers Beware: FinCEN Issues First Fine Against a P2P Virtual Currency Exchanger

On April 18, 2019, the Financial Crimes Enforcement Network (“FinCEN”) announced a civil monetary penalty against an individual for operating a peer-to-peer virtual currency exchanger. FinCEN assessed a $35,350 civil...more

Token Taxonomy Act – Exempting Digital Tokens from U.S. Securities Laws

On April 10, 2019, U.S. Representatives Warren Davidson (R-OH) and Darren Soto (D-FL) reintroduced the Token Taxonomy Act (“TTA”) in the effort to amend the Securities Act of 1933 and the Securities Exchange Act of 1934 to...more

Staking its Claim: SEC Provides Comprehensive Guide for Blockchain, Digital Asset Securities

Yesterday at the Consensus: Invest Conference in New York City, Jay Clayton, Chairman of the U.S. Securities and Exchange Commission (the “Commission”), strongly reaffirmed the guidance put forth by his agency in the last...more

OCC Announces it Will Begin Accepting FinTech Charter Applications

On July 31, 2018, the Office of the Comptroller of the Currency (the “OCC”) announced that it would begin accepting applications for special-purpose national bank charters from certain FinTech companies – including those that...more

New Kid in the Sandbox: Bureau of Consumer Financial Protection to create FinTech “Regulatory Sandbox” for cryptocurrencies and...

On July 18, 2018, the Bureau of Consumer Financial Protection (the “Bureau”) ( announced the appointment of the head of its newly-created Office of Innovation,1 which will have as its first order of business the creation of a...more

Cboe Offers to Take the SEC to the Cryptocurrency ETF Dance

On March 23, 2018, Cboe Global Markets, Inc. (“Cboe”) sent a letter to the Securities and Exchange Commission (the “SEC”), strongly advocating for the registration of exchange-traded funds (“ETFs”) that hold cryptocurrencies...more

Regulators…Mount Up! Federal District Court Formally Recognizes Cryptocurrencies as Commodities and Designates the CFTC as a...

At least for now, the Commodities Futures Trading Commission (“CFTC”) will be the leading fraud regulator for cryptocurrency and virtual currency transactions. On Tuesday, March 6, 2018, Judge Jack B. Weinstein of the United...more

Back to the Future: Where Bitcoin Derivatives Are Going, We Don’t Need Roads

For the typical investor, cryptocurrency investment has, since its genesis in the open market, been made largely through direct purchase of the particular currencies via digital wallets or through exchanges such as CoinBase....more

The Great Crypto-Wall of China – China Banishes Initial Coin Offerings to Beyond its Borders while Trapping Already-Raised Capital...

This week China sent digital currencies into a tail spin by issuing the harshest denouncement of cryptocurrencies and other decentralized ledger technologies of any country to date. In a statement from the People’s Bank of...more

Digital Currencies: FinCEN Shuts Down Foreign Exchange for Anti-Money Laundering Violations – Another Mt. Gox?

On July 27, 2017, the Financial Crimes Enforcement Network for the Department of Treasury (FinCEN) seized the website of the digital currency exchange BTC-e for allegedly operating a multi-billion dollar money laundering...more

SPLITCOIN: The Impact of the World’s Biggest Cryptocurrency Forking Into Two.

On August 1, 2017, Bitcoin, the world’s most capitalized and popular digital currency, was split into two separate blockchains, “Bitcoin”[classic] and “Bitcoin Cash.” The controversial decision to “Hard Fork” Bitcoin’s code...more

SEC: Digital Coin, Blockchain Capital Raises are Subject to Securities Laws

Since the inception of cryptocurrencies like Bitcoin, distributed ledger or blockchain transactions have provided creative entrepreneurs with an opportunity to circumvent financial regulations. In response to the emergence of...more

New York Appellate Court Reaffirms Avenue For Lenders To Revive Dismissed Cases Following Expiration of Statute of Limitations

As we get further away from the financial crisis of 2008, the statute of limitations has become a much more asserted and examined defense in mortgage foreclosure actions. Last week, New York’s Appellate Division, Second...more

The Least Sophisticated Consumer Just Got Even Less Sophisticated: New FDCPA Disclosure Requirements for Debt Collectors Created...

Just last week, the Second Circuit applied the least sophisticated consumer standard of the Fair Debt Collection Practices Act (the FDCPA) to effectively conclude that a consumer cannot be expected to know that when they are...more

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