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MSB or Not MSB? That Is the Question (for Determining Applicability of Anti-Money Laundering Rules)

Over the last 20 years, commerce, finance, and banking have become increasingly digital. Anti-money laundering (AML) regulators have found themselves catching up with the pace of technological innovation.1 As AML regulators...more

Are Gaming Companies Maddened by Mods or Embracing Them?

While many software providers choose to vigorously defend their intellectual property rights in the software they create, in the gaming industry, some developers of PC video games have taken a different approach by allowing...more

7/20/2020  /  Gaming , Online Gaming , Popular , Video Games

How Gaming Companies Can Become Inadvertent Money Services Businesses

Many federal anti-money laundering (AML) laws require proactive steps to guard against financial crime. While these laws requiring proactive measures generally apply only to financial institutions, gaming companies may...more

ESRB Introduces New Disclosure for Loot Boxes on the Heels of Regulatory and Litigation Developments

On April 13, 2020, the Entertainment Software Rating Board (ESRB), the self-regulatory industry group that has been rating games1 since 1994, announced that it would create a new “Interactive Element”—the term ESRB uses to...more

4/28/2020  /  Gaming , Online Gaming , Video Games

Out with the Old, In with the New: A Review of WSGR's Publications on the Regulation of Digital Assets in 2018 and Predictions for...

Happy New Year from all of us in the WSGR Blockchain and Cryptocurrency Practice Group! The industry learned a lot about the regulation of digital assets in 2018, and we published some of our observations about those...more

SEC Takes Action Against Developer of Crypto Exchange EtherDelta

In an important step, the Securities and Exchange Commission ("SEC") has released a cease-and-desist order against Zachary Coburn, the founder of EtherDelta, a well-known online platform for trading Ether and ERC20-based...more

Regulation A+ Offerings for Tokens:What is the SEC Waiting For?

In a recent article, we discussed why the Securities and Exchange Commission (“SEC”) and its staff (the “Staff”) continue to think most cryptocurrencies and other crypto assets (“tokens”) are securities at the time they are...more

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