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Brazilian Superior Court Greenlights the Seizure of Cryptocurrency in Enforcement Proceedings

In a recent decision, the Brazilian Superior Court of Justice ("STJ") held that cryptocurrency is a financial asset with "economic value" and subject to seizure in enforcement proceedings....more

Constitutional Reform in Mexican Electricity Sector

New laws have been issued for the Mexican electricity sector, establishing a new dynamic between the public and private sectors....more

Developments in Crypto Regulation: DeFi Tax Reporting Repeal and SEC Disclosure Guidance

The Trump administration continues its efforts to relax digital asset regulation, including most recently by exempting decentralized finance ("DeFi") apps and wallets from tax reporting and through Securities and Exchange...more

SEC Division of Corporation Finance: Certain U.S. Dollar-Backed Stablecoins Are Not Securities

As the Trump administration and Congress seek to establish clear digital asset regulation, uncertainty remains on whether federal agencies consider stablecoins to be "securities" under federal law....more

Updates on Proposed Stablecoin Legislation: the GENIUS Act and the STABLE Act

As Congress moves to enact comprehensive stablecoin legislation under the Trump administration, both the Senate and the House of Representatives have updated their respective payment stablecoin bills. Our recent Commentary...more

Stablecoin Legislation: A Stroke of GENIUS?

President Trump's recent executive order "Strengthening American Leadership in Digital Financial Technology" promoted the development of dollar-backed stablecoins as official U.S. policy. To facilitate this policy, Congress...more

Mitigating Risk From the Designation of Cartels as FTOs and SDGTs

The Situation: After President Trump issued an Executive Order ("EO") that creates a process to designate international cartels and other organizations as "Foreign Terrorist Organizations" ("FTOs") or "Specially Designated...more

Regulating Digital Assets: FIT21 Seems to Fit the Bill

The United States lacks a regulatory framework geared toward digital assets. This raises consumer protection concerns, causes regulatory turf battles and duplicative enforcement actions, impedes innovation, and puts the...more

Enforcement to Endorsement: Digital Asset Executive Order and SAB 121 Rescission

President Trump signed an executive order ("EO") titled "Strengthening American Leadership in Digital Financial Technology" that signals a radical shift in the federal government's posture towards digital assets and the...more

Mexican Government Releases "Plan México"

The Mexican government recently launched the Mexico Plan (Plan México), a six-year strategy in collaboration with the federal government and the private sector intended to promote economic growth in Mexico....more

Brazilian Sustainability Initiatives

With an abundance of natural resources and a diverse population, Brazil is well-placed to lead ESG initiatives and could be uniquely positioned to propel sustainable practices in the region. As an increasing—though still...more

Considerations for Addressing DOJ’s Corporate Compliance Guidance on Mobile Devices and Messaging Platforms

In light of the DOJ’s most recent guidance on the use of personal devices and third-party messaging applications by corporate personnel, this White Paper addresses issues and challenges that companies are facing in this area...more

The Long Arm of the CFTC: What Stakeholders in Brazil and Latin America Should Know

Established in 1974 in Washington, D.C., the CFTC was originally responsible for overseeing and regulating the commodity futures and options markets in the United States. Initially, its primary focus was to regulate trading...more

Companies Are Now Getting Ready for Brazil’s New Data Protection Law

The Development: On July 8, 2019, Brazil enacted Law No. 13,853/19 outlining the final version of its General Data Protection Law. The Purpose: The final bill introduces some important changes to the regulations...more

Brazil Enacts General Data Protection Law

The Development: Brazilian President Michel Temer enacted the Brazilian General Data Protection Law on August 14, 2018. The Purpose: The newly enacted General Data Protection Law is intended to regulate the treatment of...more

Brazil's Mining Reforms Target Environmental Impact, Public Safety, Royalty Payments

Brazilian President Michel Temer issued two decrees (Decrees Nos. 9.406/18 and 9.407/18) on June 12, 2018, amending Brazil's existing mining code and establishing additional environmental and public safety...more

Brazilian Labor Reform: Reshaping the Employer–Employee Relationship

The Situation: High unemployment rates, combined with an outdated Brazilian protectionist labor regime that imposed high costs on employers, created the opportunity for a new approach to labor regulation. The Result: Brazil...more

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