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SEC Announces Cyber Enforcement Initiative: Distributed Ledger Technology, Initial Coin Offerings Under the Microscope

The new SEC Enforcement Cyber Unit will target cyber-related misconduct, including violations involving distributed ledger technology, initial coin offerings and misconduct perpetrated using the dark web....more

SEC’s Phone Call to Protostarr Shuts Down its ICO

Protostarr, a block-chain based startup, has shut down its decentralized application and refunded its initial coin offering (ICO) participants following a request for information from the U.S. Securities and Exchange...more

New SEC Investor Alert Re: Initial Coin Offerings

Today the SEC issued an Investor Alert warning investors about companies asserting they are engaging in an ICO, when in fact it is a scam. Specifically, “The SEC’s Office of Investor Education and Advocacy is warning...more

Goodwin Alert: SEC Issues Long-Awaited Guidance

The Securities and Exchange Commission (SEC) announced on Tuesday, July 25, 2017, that Initial Coin Offerings (ICOs) and other market participants offering digital assets by “virtual” organizations may be subject to the...more

SEC Issues Long-Awaited Guidance on Token Sales

The Securities and Exchange Commission (SEC) announced on Tuesday, July 25, 2017, that Initial Coin Offerings (ICOs) and other market participants offering digital assets by “virtual” organizations may be subject to the...more

SEC Issues Release & Investigative Report on Token Sales

The SEC has issued long awaited guidance regarding token sales, also referred to as ICOs. We will issue a summary of this guidance shortly, but in the interim please find the links to the SEC’s press release, investigative...more

7/26/2017  /  New Guidance , SEC

CFTC Fines Bitfinex For Failing To Register and Operating An Illegal Exchange

The U.S. Commodity Futures Trading Commission (CFTC), showing continued regulatory interest in digital currency companies, issued an Order and settled charges against Hong Kong-based digital currency exchange Bitfinex. The...more

Recent Developments in Cybersecurity: The SEC is Preparing Cases against Firms for Lack of Cybersecurity Preparedness and Phishing...

SEC Enforcement - Andrew Ceresney, head of the SEC’s Division of Enforcement confirmed during a panel discussion at the Investment Company Institute’s Mutual Funds and Investment Management Conference in Orlando, Fla.,...more

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

Court Invalidates US-EU Data Transfer Safe Harbor Program

The European Union’s highest court has, effective immediately, invalidated the US-EU Safe Harbor program relied upon by many companies as the basis for lawfully transferring and processing personal information from the EU to...more

CFTC Takes First Action Against Virtual Currency Options Trading Platform

On Thursday, Sept. 17, 2015, the U.S. Commodity Futures Trading Commission (CFTC) issued an Order against San Francisco-based Coinflip and its chief executive officer, Francisco Riordan, to resolve allegations that Coinflip...more

FinCEN Continues Scrutiny of Virtual Currency Companies

The Financial Crimes Enforcement Network recently issued two administrative rulings holding that certain virtual currency trading platforms and payment systems were subject to registration as money services businesses....more

In Riley, Supreme Court Sets Mobile Device Privacy Expectations

In a recent decision with significant implications for smart phone users’ privacy expectations, the Supreme Court, in Riley v. California, unanimously rejected the application of the “incident to arrest doctrine” to law...more

Release of Names With Interests in Offshore Entities: Ramifications

A database containing the names of more than 37,000 people with offshore entities and trusts in 10 tax haven jurisdictions was recently released online, providing a powerful investigative tool for regulators, journalists and...more

Could Bitcoin Make Retail Cybersecurity Obsolete?

Interesting question, but life is never easy, and digital currency brings its own set of challenges...more

Amendments to CalOPPA Enter Into Force Imposing New Requirements for Online Privacy Policies

Recent amendments to California’s Online Privacy Protection Act may have implications for all commercial online operators given the geographically limitless scope of the Internet. The amendments, effective Jan. 1, 2014,...more

FTC Pursuing Incorrect U.S.- EU Safe Harbor Certifications in Privacy Policies

The FTC is reviewing companies with privacy policies that claim U.S.-EU Safe Harbor certification. Companies that are not fully compliant and currently certified may face an FTC enforcement action, which could result in...more

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