News & Analysis as of

Investment Funds Cryptocurrency

Cadwalader, Wickersham & Taft LLP

A New Age of PerFFFection June 2024 - Potential Impact of UCC Article 12 on Fund Finance Transactions

At the bottom of the stack in investment fund structures, there are generally “real” assets—things like equity interests in portfolio companies, mortgage loans, commercial receivables, maybe even bricks and mortar. Fund...more

Eversheds Sutherland (US) LLP

Bitcoin ETF approvals come with stark warning from SEC Chair

As of January 10, 2024, US securities exchanges may list Bitcoin ETFs for trading. Cryptocurrency enthusiasts hope this decision signals a broader adoption of cryptocurrency in the United States. Perhaps it does, but...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Fund Tokenization: A Greenlight and Blueprint for Implementation

On 24 November 2023, the industry-led Technology Working Group of HM Treasury’s Asset Management Taskforce (Group) released an interim report (Report) outlining a strategic blueprint for the implementation of fund...more

K&L Gates LLP

California Enacts Landmark Crypto Licensing Law

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To date, crypto companies have been able to operate in California without a license, but that will change effective July 2025 under the state’s newly-enacted “Digital Financial Assets Law” (the Law), signed by Governor Newsom...more

Walkers

Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds July - September 2023

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Welcome to the July – September 2023 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds. This report covers key dates and developments during the quarter, such...more

Stikeman Elliott LLP

CSA Release Guidance on Public Crypto Asset Funds

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This summer, the Canadian Securities Administrators (“CSA”) published CSA Staff Notice 81-336 Guidance on Crypto Asset Investment Funds that are Reporting Issuers (the “Notice”) concerning funds that seek to invest in crypto...more

Walkers

Global Legal Insights Fintech 2023: Ireland

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Partners Niall Esler and Shane Martin, along with senior associate Conor Daly and trainee solicitor Coleen Wegmann, have authored the Ireland chapter for Global Legal Insights Fintech 2023. They provide an up-to-date summary...more

K&L Gates LLP

Luxembourg Financial Services Regulator, the Financial Sector Supervisory Commission, and Issues FAQs on "Virtual Asset Service...

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New FAQS Complementary to FAQs on Investment in Virtual Assets - Further to the general publications by the Financial Sector Supervisory Commission (CSSF) in 2020 and 2021 and two sets of frequently asked questions (FAQs)...more

Lowenstein Sandler LLP

From Operator to Investor: How One General Partner Selects Her Investment Vehicles

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In this episode of “Crypto Innovators,” Lowenstein Crypto’s Frank Eucalitto speaks with Aubrie Pagano, general partner at Alpaca VC, about her journey from operator to investor. Pagano discusses how her lived experience as a...more

Seward & Kissel LLP

[Hybrid Event] S&K Blockchain Symposium: Navigating the Storm - May 4th, New York, NY

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Please join Seward and Kissel's Blockchain & Cryptocurrency Group on Thursday, May 4, 2023 for the S&K Blockchain Symposium: Navigating the Storm. The event will feature multiple panels, with industry leaders who will...more

Cadwalader, Wickersham & Taft LLP

Miami Musings February 2023 | Issue No. 211 - Fund Finance Symposium Panel Recap: A Geopolitics Discussion with Pippa Malmgren

One distinct and lasting memory that I have of law school is the feeling that I was being let in on a secret. Through the (hundreds of) cases that we read and our other coursework, we were learning about how the world really...more

Nutter McClennen & Fish LLP

Nutter Bank Report: December 2022

The Federal Reserve has adopted a final rule that provides benchmark replacement rates based on SOFR (Secured Overnight Financing Rate) for contracts governed by U.S. law that reference the overnight and one-, three-, six-,...more

Dechert LLP

Germany – New Regulation (KryptoFAV) Enables Issuance of Digital Fund Units on the Blockchain

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The new German Regulation on Crypto Fund Units (Verordnung über Kryptofondsanteile – KryptoFAV) introduces the possibility to issue units of German investment funds digitally as so-called Crypto Fund Units. ...more

BakerHostetler

Crypto Products and Mining Initiatives Launch; Sports and Spirits Firms Embrace Blockchain; US Agencies Seek Crypto Input, Address...

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A well-known digital currency investment services company announced the launch of its first European exchange-traded fund (ETF), according to a press release this week. The ETF, which will be traded on multiple foreign...more

Tarter Krinsky & Drogin LLP

Three Considerations When Seeking Shelter or Betting Big

A perfect storm of inflation, a lagging stock market, and geopolitical uncertainty are increasingly driving investment funds and family offices to seek out alternative and private equity investments as they head into the...more

Lowenstein Sandler LLP

Material Investment Management Developments and Template Annual Compliance Checklists for Registered Investment Advisers, Exempt...

Summaries of recent legislative and regulatory developments with respect to: •SEC’s 2022 Examination Priorities • Proposed Amendments to Form PF Requirements- •Proposed New Rules Applicable to Private Fund Advisers and...more

Clark Hill PLC

Irish Regulated Funds – The Ascent of Crypto

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The European financial regulators continue to warn consumers that many crypto-assets are risky and are not suited for most retail consumers as an investment or as a means of payment or exchange. However, two recent fund...more

Freeman Law

Asset Protection Trusts for Cryptocurrency and Digital Assets

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With more investors diversifying their investment portfolios, cryptocurrencies and other kinds of digital assets (i.e., non-fungible tokens “NFTs”) have become a more popular option in recent years. With the Internal Revenue...more

Nelson Mullins Riley & Scarborough LLP

The DOJ Throws Cold Water on the Frosties NFT Founders

The U.S. Attorney’s Office for the Southern District of New York recently charged two individuals for allegedly participating in a scheme to defraud purchasers of “Frosties” non-fungible tokens (or “NFTs”) out of over $1...more

Dorsey & Whitney LLP

DOL Warns 401(k) Plan Fiduciaries about Cryptocurrency Investments

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Investments in Cryptocurrencies such as Bitcoin and Ethereum are becoming more and more mainstream. Driven by outrageous returns, and presenting outrageous volatility and risk, both traditional institutional and individual...more

Morgan Lewis

ETF Roundup – Issue 7 December 2021

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UPDATE ON CRYPTO ASSETS IN ETFS - In 2018, the US Securities and Exchange Commission’s Division of Investment Management staff penned a letter to the Investment Company Institute and the Securities Industry and Financial...more

International Lawyers Network

Related to cryptocurrency? You will not be allowed to participate in organized securities trading in Russia

The Central Bank of Russia did another “shot” at the rights of cryptocurrency holders on July 19, 2021. The Bank issued an Information Letter No. IN-06-59 / 52 “On certain types of financial instruments” on this day. Now...more

Goodwin

Delaware Court of Chancery Dismisses Marriott Data Breach Derivative Suit

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Delaware Court of Chancery Dismisses Marriott Data Breach Derivative Suit; DOJ Announces Creation of National Cryptocurrency Enforcement Team; Fifth Circuit Applies New Standard for Disgorgement Orders In Securities Cases to...more

BCLP

Indonesia in Focus Newsletter - July 2021

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Indonesia’s efforts to achieve their Nationally Determined Contributions (NDC) established in accordance with the Paris Agreement are still considered by Climate Tracker to be “Highly Insufficient”. Whilst this keeps them out...more

Goodwin

OCC Grants National Trust Bank Charter to Third Cryptocurrency Firm

Goodwin on

In This Issue. The Office of the Comptroller of the Currency (OCC) granted preliminary conditional approval to a third cryptocurrency firm chartering a national trust bank; the Consumer Financial Protection Bureau (CFPB)...more

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