Yes, indeed! What Brad Garlinghouse of Ripple Labs called “Gensler’s reign of terror” ended with Securities and Exchange Commission (SEC) Chair Gary Gensler’s resignation upon President Donald Trump’s inauguration. Paul...more
1/28/2025
/ Blockchain ,
Central Bank Digital Currency (CBDCs) ,
CFTC ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Executive Orders ,
Financial Regulatory Reform ,
Investment ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stablecoins ,
U.S. Treasury
ollowing the approval and launch of Bitcoin Exchange Traded Funds (EFTs) in January 2024, the U.S. Securities and Exchange Commission (SEC) approved eight Ethereum ETFs for listing and trading on SEC-regulated exchanges on...more
On June 5, 2024, a three-judge panel in the U.S. Fifth Circuit Court of Appeals ruled that the Securities and Exchange Commission exceeded its statutory authority in adopting the so-called “Private Fund Advisers Rule” (or the...more
On January 10, 2024, the U.S. Securities and Exchange Commission (SEC) approved the launch of several BTC Exchange-Traded Funds (ETFs).[1] The approval order resolves the critical legal and regulatory issues entailed in...more
Following the recent closures of Silicon Valley Bank, Signature Bank, and Silvergate Bank and Credit Suisse’s takeover by Swiss-based rival UBS, ramifications for blockchain tech and crypto-based assets and deals are...more
3/31/2023
/ Bitcoin ,
Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Enforcement Actions ,
Financial Institutions ,
Infrastructure ,
New Regulations ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Technology Sector
Hundreds of public companies have filed current reports on Form 8-K since Silicon Valley Bank (SVB) became insolvent and was taken over by the FDIC. The disclosures made to date have been primarily “voluntary” filings, made...more
On February 9, 2023, the SEC announced that Kraken had settled charges alleging that it violated securities laws by failing to register the offer and sale of its “crypto asset staking-as-a-service program.” To settle the...more
On January 26, 2022, the California Department of Financial Protection and Innovation (DFPI) announced its participation in a $22.5 million multi-state settlement with Nexo Capital Inc. (Nexo) relating to unregistered...more
It's no secret that cryptocurrency markets and the larger digital assets economy have been roiled by recent instability, resulting in discussions about how regulatory initiatives, rising inflationary pressure, and public...more
8/3/2022
/ Anti-Money Laundering ,
Biden Administration ,
Blockchain ,
Copyright ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Enforcement ,
Executive Orders ,
Howey ,
Income Taxes ,
Investor Protection ,
Non-Fungible Tokens (NFTs) ,
Risk Assessment ,
Royalties ,
Securities and Exchange Commission (SEC) ,
Virtual Currency ,
Warranties
The U.S. Securities and Exchange Commission is adding 20 positions to its Crypto Assets and Cyber Unit.
These positions are all enforcement-related. None of the new staff will be charged with carrying out the SEC's...more
5/27/2022
/ 401k ,
Cryptocurrency ,
Cybersecurity ,
Digital Assets ,
Enforcement ,
Executive Orders ,
Fraud ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Stablecoins
The Securities and Exchange Commission (SEC) recently announced that it will be adding 20 positions to its newly renamed Crypto Assets and Cyber Unit, including fraud analysts, investigative staff attorneys, trial counsels,...more
5/13/2022
/ 401k ,
CFTC ,
Cryptoassets ,
Decentralized Finance (DeFi) ,
Executive Orders ,
Fraud ,
Investment Company Act of 1940 ,
Investors ,
Joe Biden ,
Non-Fungible Tokens (NFTs) ,
Retirement Funds ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Stablecoins
As financial markets wrap up the year 2021 and launch into 2022 at warp speed, the “DeFi” world has a new star called the “DAO.”
Decentralized finance, short-handed as “DeFi”, refers to peer-to-peer finance enabled by...more
On September 23, 2020, the Securities and Exchange Commission (“SEC”) announced that it had adopted amendments to Rule 14a-8 under the Securities Exchange Act of 1934 (the “Amendments”). Rule 14a-8 governs the eligibility, on...more
On August 26, 2020, the U.S. Securities and Exchange Commission (“SEC”) announced it had adopted a series of amendments (the “Amendments”) to Regulation S-K to modernize the description of business (Item 101), legal...more
9/14/2020
/ Amended Regulation ,
Business Strategies ,
Disclosure Requirements ,
Federal Register ,
Financial Statements ,
Human Capital ,
Item 105 ,
MD&A Statements ,
Publicly-Traded Companies ,
Risk Factors ,
Securities and Exchange Commission (SEC)
On Wednesday, August 26, 2020, the Securities and Exchange Commission (the “SEC”) changed the investment landscape as we know it by modestly relaxing the eligibility rules for investment in private offerings. The Adopting...more
9/10/2020
/ Accredited Investors ,
Certifications ,
Family Offices ,
Federal Register ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Company Act of 1940 ,
Investors ,
Limited Liability Company (LLC) ,
Private Offerings ,
Proposed Amendments ,
Qualified Institutional Buyers ,
Rural Business Investment Companies (RBICs) ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
The SEC Staff has published additional guidance for public companies about disclosure considerations related to the COVID-19 pandemic. When preparing upcoming SEC disclosure documents, public companies should consider this...more
On May 20, 2020, the Securities and Exchange Commission (SEC) amended its rules governing financial information that public companies (sometimes called “registrants”) must provide in connection with significant acquisitions...more
6/4/2020
/ Asset Test ,
Dispositions ,
Financial Statements ,
Foreign Corporations ,
IASB ,
IFRS ,
Income Test ,
Investment Test ,
Pro Forma Financial Information ,
Proposed Amendments ,
Proposed Rules ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)
On March 25, 2020, the Securities and Exchange Commission (the “SEC”) issued an order extending its prior conditional relief from SEC periodic reporting deadlines for public companies. The staff of the SEC’s Division of...more
The COVID-19 pandemic continues to disrupt business dramatically throughout the world, causing some companies to suspend operations entirely. Businesses able to remain open, in many cases, must accommodate remote-working...more
3/30/2020
/ Business Closures ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Tax Relief ,
Unemployment Insurance
The novel coronavirus (“COVID-19”) continues to afflict companies in numerous ways. In the case of public companies, disclosure duties are implicated. No two companies are identical, so there is no “one-size-fits-all”...more
A decade into the cryptocurrency revolution, the digital currency’s future is awash with questions from regulation and enforcement to exactly what type of asset they are to the impact of volatility in market values....more
The SEC recently has encouraged “sustainability” shareholder proposals under Rule 14a-8. In their December 2013 INSIGHTS article, Foley attorneys Patrick Daugherty and Daniel Pieringer discuss strategies for manufacturers to...more