News & Analysis as of

Investors Digital Assets

Manatt, Phelps & Phillips, LLP

Ripple Labs Ordered to Pay $125 Million Civil Fine, Potentially Ending SEC Lawsuit

On August 7, 2024, Judge Analisa Torres of the U.S. District Court for the Southern District of New York issued a significant ruling in the long running legal battle between the U.S. Securities and Exchange Commission (SEC)...more

Troutman Pepper

SEC Approves Spot Ether ETFs

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On July 22, 2024, the Securities and Exchange Commission (SEC) declared nine registration statements effective under the Securities Act of 1933 for spot Ether ETFs, clearing the way for the ETFs to begin trading on July 23....more

Orrick, Herrington & Sutcliffe LLP

CFTC Chairman outlines regulatory gaps with digital commodities

On July 10, the Chairman of the CFTC, Rostin Behnam, testified before a U.S. Senate Committee and urged Congress to enact legislation to create a federal regulatory framework for digital assets. Courts have affirmed that...more

Gray Reed

Amicus Briefs Filed, Challenging SEC's "Regulation By Enforcement" Approach

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Gray Reed has recently filed two significant amicus briefs challenging the Securities and Exchange Commission’s (SEC) controversial “regulation by enforcement” approach, particularly in emerging technology sectors....more

Orrick, Herrington & Sutcliffe LLP

New York Attorney General issues judgment against crypto-asset firm

On June 14, the New York Attorney General, Letitia James, announced a stipulation and consent to judgment against a crypto-asset company for allegedly misleading investors on the risks of its program. Under the order, the...more

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

Bradley Arant Boult Cummings LLP

Q&A with the Mississippi Securities Division: New Technology, New Rules and New Challenges

The Mississippi Securities Division is the closest regulator to the investing public of Mississippi.  Among other tasks, they protect investors from fraud and abuse and make sure those licensed securities professionals doing...more

Mayer Brown

SEC Approves Listings of Spot Ether ETFs: Waiting is the Hardest Part

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On May 23, 2024, the Staff of the Securities and Exchange Commission’s Division of Trading and Markets (the “SEC”) approved rule changes (so-called “19b-4 forms”) permitting the listing and trading of eight separate...more

Cozen O'Connor

New York AG Secures Record $2 Billion Settlement in Crypto Case

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New York AG Letitia James secured a $2 billion settlement with Genesis Global Capital, LLC, and related entities (collectively, “Genesis”), to resolve allegations that the bankrupt cryptocurrency firms defrauded investors,...more

WilmerHale

Binance Ruling Spotlights Muddled Post-Morrison Landscape

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The March decision in Williams v. Binance from the U.S. Court of Appeals for the Second Circuit marks the latest chapter in the judiciary's struggle to apply the U.S. Supreme Court's 2010 decision in Morrison v. National...more

Holland & Knight LLP

Not So Cryptic: IRS Increases Oversight on Cryptocurrency Income Tax Reporting Requirements

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Cryptocurrency has revolutionized the financial markets but also created tax traps for the unwary investor. Building on proposed regulations issued last year, the IRS recently increased its oversight of cryptocurrency...more

Awatif Mohammad Shoqi Advocates & Legal...

Regulating Unlicensed Virtual Asset Providers: A Comprehensive Guide

In recent years, the world has witnessed rapid growth in the popularity and adoption of virtual assets, including cryptocurrencies, non-fungible tokens (NFTs), and various other digital assets. With this rise, however, comes...more

BakerHostetler

Weekly Blockchain Blog - April 2024 #4

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Stablecoin, Wallet Products Launch; German Bank Launches Crypto Services - Circle, a global fintech firm and issuer of the USDC stablecoin, has announced new smart contract functionality to allow holders of BUIDL, a...more

Mayer Brown

Three-Body Problem: Challenges and Considerations for a First-of-Its-Kind Triple-Token Merger

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Token holders for three different decentralized protocols have recently proposed a first-of-its-kind merger of tokens that would create an “Artificial Superintelligence Alliance” (“Alliance”) with a single token and a new,...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Cooley LLP

Law Commission Consultation –Digital Assets and Electronic Trade Documents in Private International Law: Which Court, Which Law?

Cooley LLP on

The Law Commission of England and Wales has, for the last four years, been heavily focussed on addressing the legal issues that arise in the context of emerging technologies. It has now started work on a new project to...more

Cadwalader, Wickersham & Taft LLP

It’s Raining Crypto Bots on the IRS

On August 29, 2023, the IRS issued proposed crypto reporting regulations (the “Proposed Regulations”), which we discussed in detail here. The Proposed Regulations build on the 2021 changes to the Internal Revenue Code that...more

Holland & Knight LLP

Regulación y revolución: Avances y perspectivas en la industria de activos digitales: Los más recientes desarrollos y avances...

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En el marco de la constante evolución del ecosistema financiero global y de la transformación digital que vivimos, la industria de los activos digitales sigue cobrando una gran relevancia, permitiendo redefinir las fronteras...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - February 2024 Updates

CryptoLink is a compilation of news stories published by outside organizations. Akin aggregates the stories, but the information contained in them does not necessarily represent the beliefs or opinions of the firm. Akin's...more

K&L Gates LLP

SEC and CFTC Adopt Amendments to Form PF for Increased Disclosure

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Brief Overview - On 8 February 2024, the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly adopted amendments to Form PF (the Amendments), the confidential reporting form...more

Nelson Mullins Riley & Scarborough LLP

Emerging Issues in Crypto Bankruptcies

The new frontier of crypto bankruptcies brings with it unique challenges. As more crypto platforms face financial distress and insolvency, investors find themselves navigating the intricacies of the Bankruptcy Code in a...more

BCLP

At Long Last: What Crypto’s First Spot Etfs Mean for the Digital Asset Industry

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After years of denials, the SEC has finally approved its first Bitcoin spot ETFs. Reaching this point has involved legal battles, repeated reviews of applications, and much more....more

Orrick, Herrington & Sutcliffe LLP

SEC charges DAO for unregistered sale of crypto smart yield bonds

On December 22, 2023, the SEC announced a settlement with a decentralized autonomous organization (DAO) and a second settlement with its founders. The SEC alleged that the DAO failed to register with the Commission for its...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - December 2023 # 2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

BCLP

UK Shareholding Report a Missed Opportunity for New Tech

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In July, the U.K. Digitization Taskforce released an interim report containing a series of potential recommendations for the government, regulators and market participants, in order to achieve full digitization of the U.K....more

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