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An "Immutable" Force Meets an Immovable Object: OFAC's Crypto Loss at the Fifth Circuit

On November 26, 2024, the US Court of Appeals for the Fifth Circuit ruled that “immutable” smart contracts are not “property” for purposes of regulation by the US Department of the Treasury’s Office of Foreign Assets Control...more

Second Circuit Confirms U.S. Discovery Not Available in Private International Arbitrations

A ripening circuit split over the availability of U.S. discovery in foreign arbitration proceedings took another step toward a possible Supreme Court showdown with the July 8 decision by the United States Court of Appeals for...more

Broad U.S. Discovery Now Available in Foreign Arbitrations

In a decision that may significantly increase access to domestic discovery in foreign arbitration proceedings, the United States Court of Appeals for the Sixth Circuit ruled on September 19 that courts may order individuals...more

Second Circuit Rules Broad Forum Selection Clause Trumps FINRA Rule Requiring Arbitration

On August 21, 2014, the United States Court of Appeals for the Second Circuit joined the Ninth Circuit in holding that FINRA rules requiring arbitration of customer disputes may be superseded by an agreement between a member...more

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