Federal and state regulators have taken an increased interest in regulating cryptocurrencies, digital assets, and the larger blockchain ecosystem. This landscape is opaque and rapidly evolving, and many industry participants...more
9/25/2023
/ Anti-Money Laundering ,
Bitcoin ,
Bitcoin Mining ,
Blockchain ,
CFIUS ,
CFTC ,
Coinbase ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Ethereum ,
FinCEN ,
Fraud ,
Insider Trading ,
Ponzi Scheme ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Unregistered Securities
The gas stove wars continue to heat up. On April 17, 2023, the United States Court of Appeals for the Ninth Circuit took a stand and ruled that the City of Berkeley does not have the authority to prohibit connecting natural...more
Not a day seems to go by in recent weeks without multiple articles and media hits on controversies over gas stoves. Across the U.S., opponents of gas stoves have implemented a coordinated effort by government regulators,...more
2/27/2023
/ Administrative Procedure Act ,
Apartments ,
Clean Air Act ,
Commercial Buildings ,
Consumer Product Safety Commission (CPSC) ,
Department of Energy (DOE) ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Proposed Rules ,
Single Family Housing ,
State and Local Government
Congressional Tech Focus Will Continue This Term, Fueled by Bipartisan -
Scrutiny on Multiple Fronts With the Democratic party now in control of both the House and the Senate, we anticipate increased congressional...more
Recent Enforcement Actions and Guidance from DOJ, FinCEN, and OFAC Demonstrate the Increased Commitment — and Cooperation — of Federal Regulators to Police Digital Currencies, Including Their Use in Ransomware Attacks -
Amid...more
11/16/2020
/ Bitcoin ,
Cryptocurrency ,
Cyber Attacks ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Enforcement Guidance ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Securities and Exchange Commission (SEC)
The New York Department of Financial Services’ (DFS) cybersecurity regulation imposes significant requirements on financial services companies doing business in New York. DFS, which enforces the regulation, has remained...more
The SEC signaled last week that it appears to be growing more comfortable approving certain digital asset activities, qualifying the first two initial coin offerings ever to proceed as registered securities....more
For the past several years, advocates of crypto assets and other public uses of blockchain technology have sought guidance from U.S. regulators regarding the legal implications of new or novel uses of that technology....more
5/21/2019
/ Anonymization ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Blockchain ,
BSA/AML ,
CFTC ,
Cryptocurrency ,
Digital Wallets ,
FinCEN ,
Initial Coin Offering (ICOs) ,
Money Services Business ,
New Guidance ,
Peer-to-Peer ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
Businesses in California and around the country have taken notice of the twists and turns taken so far concerning the passage of the CCPA. The California legislature passed the CCPA as an alternative to an even stricter...more
This past Friday, March 1, 2019, marked the second anniversary and final effective date of the New York Department of Financial Services (DFS)’s cybersecurity regulation. Since its enactment, regulated institutions, subject...more
The CCPA is an unprecedented privacy law that grants California residents sweeping rights concerning the collection and use of their information. Once the law becomes effective on January 1, 2020, covered businesses can...more
2/14/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Covered Entities ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Disclosure Requirements ,
General Data Protection Regulation (GDPR) ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Privacy Policy
On October 24, 2018, Japan’s Financial Services Agency (FSA) gave the country’s cryptocurrency industry self-regulatory status, allowing the Japan Virtual Currency Exchange Association (JVCEA) power to police and penalize...more
New York Attorney General’s Office publishes a detailed report on policies and practices at virtual asset trading platforms, citing multiple common deficiencies -
The New York Attorney General’s Office (“NYAG”) issued a...more
EXECUTIVE SUMMARY –
Following testimony February 6th before the U.S. Senate, as well as a series of recent enforcement actions, it is clear that both the SEC and CFTC are picking up steam in their efforts to command a...more
SEC Chairman Jay Clayton has issued a broad warning to companies and individuals trying to “cash in” on the market frenzy surrounding Bitcoin and other cryptocurrencies. His prepared remarks at the Securities Regulation...more
On January 11, 2017, the governments of the United States and Switzerland announced that an agreement had been reached over a Privacy Shield Framework (“Privacy Shield”) that sets out how companies may transfer personal data...more
On December 1, 2016, a change to Federal Rule of Criminal Procedure 41(b) took effect that allows federal courts to issue broad warrants for access to electronic communications and data. The former version of Rule 41(b)...more
On October 24, 2016, the Department of Justice (“DOJ”) publicly released an internal policy memorandum dated September 11, 2014 (“the policy”), that details the factors federal prosecutors should use in determining whether...more
On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance on complying with HIPAA privacy, security, and breach notification rules when using cloud computing technology...more
10/21/2016
/ Breach Notification Rule ,
Business Associates ,
Cloud Computing ,
Covered Entities ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Encryption ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Devices ,
OCR ,
PHI ,
Popular
On September 12, 2016, a split panel from the U.S. Court of Appeals for the Sixth Circuit held in an unpublished opinion that customers of Nationwide Mutual Insurance (“Nationwide”) could pursue claims stemming from a 2012...more
On August 10, 2016, more than 40 international business associations spanning finance, information technology, insurance, and manufacturing urged the Chinese government to revise drafts of new cybersecurity regulations. Led...more
On June 24, 2016, in a response letter to Senator Dean Heller (R-NV), Daniel Tarullo, a member of the Board of Governors of the Federal Reserve System, highlighted the benefits of consistent cybersecurity supervisory...more