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[Webinar] FinTech University: Fear the Reaper - FinTech and Digital Assets Litigation - September 3rd, 2:00 pm - 3:00 pm EDT

With the past year marked by a number of enforcement actions and investigations by the U.S. Securities and Exchange Commission (SEC) and other regulators against major actors in the digital assets space. This webinar will...more

Supreme Court Says When It Comes to Deciding Arbitration Clauses: “I am the Law”

On May 23, the Supreme Court issued a decision holding that when parties have two conflicting contracts – one that sends disputes to arbitration and one that sends disputes to the courts – a court, not an arbitrator, must...more

If You Can’t Say Something Nice (About the SEC), Don’t Say Anything at All

The SEC’s so-called “gag rule” — which prevents a defendant settling with the SEC from denying the SEC’s allegations — has recently come under fire. Recently the Fifth Circuit heard oral arguments in the SEC v. Novinger case...more

[Webinar] FinTech University: FinTech, SEC, and OFAC Investigations - October 3rd, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech, SEC, and OFAC investigations. This webinar will examine how the U.S. Securities and Exchange Commission (SEC) and Office of Foreign Assets Control...more

March Madness: “The Truth” Fined by the SEC for Not Shooting Straight in Crypto Promotion

NBA Hall of Famer Paul Pierce, known by basketball fans as “The Truth,” has run afoul of the SEC. No, not that SEC—Pierce played college basketball at Kansas in the Big 12. No, this would be the U.S. Securities and Exchange...more

Nothing Gets Between These Celebrities and Their Crypto... Except a Class Action Lawsuit (and the Feds)

There is little in this world more valuable than fine art. Just ask Paul Allen, whose collection of paintings and sculptures recently fetched over $1.5 billion at auction, including $117 million for van Gogh’s “Verger avec...more

Keeping Up With the Kardashians, Madison Cawthorn, and Their Damned, Dirty (and Bored) Apes

It’s a common dilemma.  You’ve created ten thousand Non-Fungible Tokens (“NFTs”) of apes whose expressions answer in the affirmative the age-old (for billionaires, that is) question: can ennui follow you onto a yacht?  You...more

[Webinar] FinTech University: FinTech and E-Discovery - January 10th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and E-Discovery. This webinar will discuss the basics of e-discovery with a focus on unique issues that many FinTech companies encounter. Experienced...more

Dead Canary in the LBRY - Federal Judge Grants SEC’s Motion, Rules Digital Asset Is a Security

In a case watched by companies that offered and sold digital assets Federal District Court Judge Paul Barbadoro recently granted summary judgment for the Securities and Exchange Commission (“SEC”) against LBRY, Inc. This case...more

Every Buck You Lend, Every Text You Send, the SEC’ll Be Watching You

Take one look at your phone and count how many different message apps you have.  WhatsApp, Facebook Messenger, Snapchat, Telegram, Signal, iMessage.  Those are just some of the most popular messaging applications available...more

Gary Gensler the Righteous Man

In a recent speech,2 Gensler quoted the first Chairman of the SEC, Joseph Kennedy3 who noted: “No honest business need fear the SEC.”4 Unfortunately, Gensler failed to note that as the SEC often explains, whether a party has...more

Change in Corporate Enforcement Policy, But How Much?

In a recent speech, SEC Chairman Gary Gensler quoted the first chairman of the SEC, Joseph Kennedy, who noted, “No honest business need fear the SEC.” Unfortunately, Gensler failed to note that as the SEC often explains,...more

[Webinar] FinTech University: Potential White Collar Issues - June 14th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on potential white collar issues in the FinTech industry. Experienced white collar attorneys Matthew Lindenbaum and Rob Lindholm along with commercial and...more

Increasing Due Diligence Before Token Listings to Uncover Fraud

As the U.S. Securities and Exchange Commission (“SEC”) continues to step up its enforcement concerning cryptocurrencies, U.S.-based exchanges should take note when conducting due diligence concerning tokens to list for...more

SEC’s Crypto Assets and Cyber Unit Expands Its Reach to Cryptomining

As recently discussed in FinTech Nostradamus, the SEC recently doubled the size of its Crypto Assets and Cyber Unit. Since its inception in 2017, the SEC’s Crypto Assets and Cyber Unit has launched more than 80 investigations...more

SEC Targets Companies Conducting Cryptomining

The SEC recently doubled the size of its Crypto Assets and Cyber Unit.  Since its inception in 2017, the SEC’s Crypto Assets and Cyber Unit has launched more than 80 investigations resulting in over $2 billion in monetary...more

The Feds Double Down (Again): SEC Adds 20 Positions to Cryptocurrency Unit

The SEC announced on May 3, 2022 that 20 additional positions will be allocated to the Crypto Assets and Cyber Unit within the Division of Enforcement.  This increase in resources will nearly double the size of the unit (now...more

The DOJ Throws Cold Water on the Frosties NFT Founders

The U.S. Attorney’s Office for the Southern District of New York recently charged two individuals for allegedly participating in a scheme to defraud purchasers of “Frosties” non-fungible tokens (or “NFTs”) out of over $1...more

The DOJ Pulls the Rug on the Frosties NFT Founders

On March 24, 2022, the U.S Attorney’s Office for the Southern District of New York charged two individuals for their alleged participation in a scheme to defraud purchasers of non-fungible tokens (or “NFTs”) known as...more

Are You The Gatekeeper? SEC Commissioner Calls for Heightened Attorney Scrutiny

On March 4, 2022, U.S. Securities and Exchange Commissioner Allison Herren Lee, in remarks before the Practicing Law Institute, called on federal regulators to work to issue rules adopting standards of professional conduct...more

I am the Gatekeeper: SEC Commissioner Calls for Heightened Attorney Scrutiny

Securities and Exchange Commissioner (“SEC”) Allison Herren Lee, in remarks before the Practicing Law Institute, recently called on federal regulators to adopt standards of professional conduct for attorneys practicing before...more

I’m From the Government and I’m Here to Help: President Biden Signs Executive Order on Digital Assets

Please forgive some members of the FinTech community for remembering President Ronald Reagan’s comment: “The nine most terrifying words in the English language are: ‘I’m From the Government and I’m Here to Help.’” President...more

Crypto at Quantico: New FBI Cryptocurrency Unit Adds to Growing U.S. Criminal Enforcement Measures

Speaking at last week’s Munich Cyber Security Conference, U.S. Deputy Attorney General Lisa Monaco announced the formation of a new FBI unit dedicated to blockchain analysis and virtual asset seizure – the Virtual Asset...more

Poloniex, LLC Settles with the SEC

The SEC announced today that it reached a settlement with Poloniex, LLC (“Poloniex”), in connection with the SEC’s inquiry that began back in December 2017 into whether Poloniex operated an exchange under federal securities...more

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