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In Major Ruling Celebrated by Crypto Industry, Federal Court Holds That XRP Token is “Not Necessarily a Security”

On July 13, 2023, the United States District Court for the Southern District of New York (the “Court”) issued a major ruling in in a closely-followed lawsuit brought by the Securities and Exchange Commission (the “SEC”)...more

"Tag, You’re It": U.S. Supreme Court Denies Certiorari on Corporate Tag Jurisdiction Appeal

The Supreme Court recently denied certiorari in a case that presented the issue of whether corporate “tag” jurisdiction, which arises from serving a corporate executive temporarily present in the relevant territory (say, the...more

DOJ Expands Cryptocurrency Enforcement with Formation of Prosecutors Network

In response to President Biden’s March 9, 2022 Executive Order on digital assets, the DOJ announced the formation of a new network of prosecutors tasked with becoming specialists in investigating and prosecuting alleged...more

SEC Reported to Add Another Dimension to its Cryptocurrency Enforcement Push: Insider Trading

Key Takeaways - According to sources with firsthand knowledge, the SEC is conducting an industry-wide inquiry into alleged insider trading activities of cryptocurrency exchanges. Insider trading occurs when a corporate...more

Not So Stable: Stablecoin Volatility Causing Turmoil in Crypto Markets

Introduction - Cryptocurrencies have surged in popularity in recent years. As we have reported in recent OnPoints, the swift growth and adoption of cryptocurrencies raise legal questions about everything from their...more

SEC Tags Nvidia for Alleged Disclosure Insufficiencies in its Cryptocurrency Mining Business

Key Takeaways- The United States Securities and Exchange Commission announced a settlement against chip manufacturing company Nvidia Corporation, on May 6, 2022, for inadequate disclosures concerning the impact of...more

Department of Justice “China Initiative” Dead in Name, Alive in Substance

On February 23, 2022, the Department of Justice announced that it would no longer be grouping cases under the "China Initiative" rubric, citing the "harmful perception" of racial or ethnic bias the use of that nomenclature...more

“Hashing” It Out: Federal Jury Decides Some Cryptocurrency Products are not Securities

Whether a cryptocurrency product is a security is an issue with serious regulatory consequences. In recent years, the Securities and Exchange Commission (“SEC”) has taken a broad position that various crypto assets are...more

Cryptocurrency Stakeholders Should Prepare for Increased Tax Enforcement

As we recently noted in our OnPoint dated October 20, 2021, the rise in interest from retail and institutional investors in the cryptocurrency market has attracted increased regulatory and enforcement attention in the past...more

The Cryptocurrency Market – Prepare for an Uptick in Enforcement Activity

Key Takeaways - The federal government has the cryptocurrency market in its crosshairs. Specifically, the DOJ, SEC and CFTC have all continued to make announcements and show interest in regulating cryptocurrency and enforcing...more

Biotech Beware: Increased SEC Focus on COVID-Related Activities and Claims Amplifies the Enforcement Risks for the Unaware or...

Key Takeaways - As stocks surge in reaction to news about COVID-19-related products and solutions, the SEC is actively working to protect investors from misleading statements, fraud, and even investment scams relating to the...more

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