On December 3, 2024, the US District Court in the Eastern District of Texas (the Texas Federal Court) granted a nationwide preliminary injunction in favor of certain small businesses, ruling (1) the Corporate Transparency Act...more
12/17/2024
/ Beneficial Owner ,
Business Ownership ,
Corporate Transparency Act ,
Disclosure Requirements ,
FinCEN ,
Injunctions ,
Popular ,
Preliminary Injunctions ,
Reporting Requirements ,
Small Business ,
Suspended Judgment ,
Unconstitutional Condition
Technological advances, especially in Artificial Intelligence and quantum computing, will continue to amaze in the coming years. They will open up vast new opportunities while presenting profound regulatory, litigation, and...more
3/1/2024
/ Artificial Intelligence ,
Business Losses ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
NAIC ,
Popular ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws ,
Technology ,
Website Design ,
Websites
As of January 10, 2024, US securities exchanges may list Bitcoin ETFs for trading. Cryptocurrency enthusiasts hope this decision signals a broader adoption of cryptocurrency in the United States. Perhaps it does, but...more
The Financial Crimes Enforcement Network (FinCEN) has proposed extending the deadline for certain companies to comply with the Corporate Transparency Act (CTA) and report their beneficial ownership information (BOI) from 30...more
On July 21, 2022, the US Department of Justice (DOJ) unsealed an indictment charging Ishan Wahi (Wahi), a former product manager at a large cryptocurrency trading platform (the Platform) - along with his brother Nikhil Wahi...more
7/28/2022
/ Conspiracies ,
Criminal Conspiracy ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Marketplace ,
Enforcement Actions ,
Howey ,
Indictments ,
Insider Trading ,
Popular ,
Rule 10b-5 ,
Securities and Exchange Commission (SEC) ,
Wire Fraud
On May 3, 2022, the US Securities and Exchange Commission (SEC) announced the expansion of its newly styled Crypto Assets and Cyber Unit (Unit) (formerly known as the Cyber Unit), housed within its Division of...more
5/10/2022
/ Bitcoin ,
Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Enforcement Authority ,
Enforcement Priorities ,
Howey ,
Lenders ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Working Groups
On April 13, 2022, the Texas State Securities Board and Alabama Securities Commission issued separate emergency cease and desist orders (C&Ds) against Sand Vegas Casino Club and its two co-founders (Respondents). The C&Ds...more
4/27/2022
/ Casinos ,
Cease and Desist Orders ,
Digital Assets ,
Fraud ,
Howey ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
State Securities Regulators
Welcome to the latest edition of Updata!
Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team - it provides you with a compilation of key privacy and cybersecurity...more
On February 4, 2022, the US Department of the Treasury (the Treasury) released the “Study of the Facilitation of Money Laundering and Terror Finance through the Trade in Works of Art” (the Report). The Report examines the...more
2/18/2022
/ Anti-Money Laundering ,
Art Dealers ,
Bank Secrecy Act ,
Blockchain ,
BSA/AML ,
Compliance ,
Financial Institutions ,
FinCEN ,
Fine Art ,
Non-Fungible Tokens (NFTs) ,
Popular ,
U.S. Treasury
On January 26, 2022, the US Securities and Exchange Commission (SEC) proposed a rule (Proposed Rule) amending - and significantly broadening - a rule that defines certain terms used in the statutory definition of “exchange.”...more
Medical device manufacturer, Medtronic, began its second trial on June 14 in the US Tax Court in a $1.36 billion transfer pricing dispute with the IRS. The trial concluded on June 25 and is among the most significant transfer...more
7/6/2021
/ Affiliates ,
Business Profits ,
Foreign Profits ,
IRS ,
Medical Devices ,
Medtronic ,
Multinationals ,
Parent Corporation ,
Popular ,
Puerto Rico ,
Tax Court ,
Transfer Pricing
In a US District Court complaint filed May 26, 2021, a married couple is seeking a refund of taxes they paid on cryptocurrency tokens the husband created, asserting that current law does not permit the treatment of created...more
6/23/2021
/ Asset Tokens ,
Blockchain ,
Coinbase ,
Cryptocurrency ,
Data Mining ,
Distributed Ledger Technology (DLT) ,
Federal Taxes ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Personal Property ,
Popular ,
Reporting Requirements ,
Tax Refunds ,
Token Sales
Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity regulatory and legal developments from the...more
3/11/2021
/ California Consumer Privacy Act (CCPA) ,
China ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Privacy ,
Data Security ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
Hong Kong Monetary Authority (HKMA) ,
Popular ,
Schrems I & Schrems II ,
State Privacy Laws ,
Surveillance ,
Virus Testing
It was a tumultuous year for privacy and cybersecurity, and further uncertainty is all but guaranteed. The key to navigating this volatility, as 2020 proved, is to develop and maintain a proactive, agile and holistic data...more
2/10/2021
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
NAIC ,
Popular
On October 8, 2020, the US Department of Justice (DOJ) Cyber-Digital Task Force issued an 83-page comprehensive “Cryptocurrency: An Enforcement Framework,” (Framework), signaling the DOJ’s increased focus on prosecuting...more
Hopes that privacy regulators and litigants would grant a reprieve to businesses during the COVID-19 pandemic may prove ill-founded. On July 21, 2020, the New York Department of Financial Services announced its first...more
With companies increasingly worried about what the California Attorney General, and private litigants, will do once the California Consumer Privacy Act comes into effect, they should not lose sight of what the Federal Trade...more
On October 11, 2019, the California Attorney General issued long-awaited draft Regulations to the California Consumer Privacy Act (CCPA). The draft Regulations provide helpful clarity on some core aspects of California’s...more
10/18/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Right to Delete ,
State Attorneys General