The last week of June saw a flurry of legal developments in quick succession. The SEC sued Consensys, the developers of the largest self-custodial digital wallet (MetaMask). The IRS released its digital asset tax rules. The...more
7/12/2024
/ Blockchain ,
Broker-Dealer ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Digital Wallets ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
FOIA ,
IRS ,
Securities ,
Securities and Exchange Commission (SEC)
On June 15, 2023, the Polsinelli Blockchain+ team put out our first Bi-Weekly rundown of some of the key stories in the Web3, blockchain, and crypto ecosystems curated by Polsinelli attorneys navigating the intersections of...more
6/27/2024
/ Bitcoin ,
Blockchain ,
Class Action ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Ethereum ,
Financial Services Industry ,
FinTech ,
Martin Shkreli ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Violations
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
12/14/2023
/ Bitcoin ,
Blockchain ,
BSA/AML ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Extradition ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Gaming ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Smart Contracts
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
11/30/2023
/ Blockchain ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Financial Services Committee ,
Financial Services Industry ,
FinTech ,
Popular ,
Securities and Exchange Commission (SEC) ,
Smart Contracts
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
11/17/2023
/ Blockchain ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Currency ,
Digital Wallets ,
Distributed Ledger Technology (DLT) ,
EFTs ,
Enforcement Actions ,
Financial Markets ,
Financial Services Industry ,
Investment Opportunities ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
10/5/2023
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
ETFs ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Investment Contract ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Securities Regulation ,
Smart Contracts ,
Token Sales
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
9/8/2023
/ Bitcoin ,
Blockchain ,
Coinbase ,
Criminal Prosecution ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Exchange-Traded Products ,
Financial Services Industry ,
First Amendment ,
Fourth Amendment ,
IRS ,
Non-Fungible Tokens (NFTs) ,
Pump and Dump ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Smart Contracts ,
Tax Liability ,
Unregistered Securities
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
8/10/2023
/ Blockchain ,
Coinbase ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Institutions ,
Financial Services Industry ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Smart Contracts ,
Stablecoins
The long battle between the U.S. Securities and Exchange Commission (“SEC”) and Ripple reached a partial resolution with the Court ruling the digital asset at issue (“XRP”) is not itself a security and certain sales of the...more
On February 9, 2023, the U.S. Securities and Exchange Commission (the “SEC”) charged Kraken with offering and selling Kraken’s Staking Program – its staking-as-a-service product – as an unregistered security. Kraken, more...more
2/16/2023
/ Blockchain ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Services Industry ,
Investment Opportunities ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Token Sales ,
Trading Platforms ,
Unregistered Securities
In July of 2022, the United States Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) each alleged insider trading violations against a former Coinbase employee Ishan Wahi (“Ishan”), his brother...more
2/14/2023
/ Coinbase ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Financial Services Industry ,
Insider Trading ,
Investment Contract ,
Securities and Exchange Commission (SEC) ,
Securities Violations
As Celsius Network LLC, et al., Case Number: 22-10964 (MG), proceeds in the Bankruptcy Court for the Southern District of New York (the “Court”), the following summarizes two important case updates as of November 18, 2022: ...more
On July 21, 2022, the Department of Justice (DOJ) and the US Securities and Exchange Commission (SEC) each alleged insider trading violations against a former Coinbase employee, his brother, and another alleged acquaintance...more
8/5/2022
/ Coinbase ,
Corporate Counsel ,
Criminal Investigations ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Financial Services Industry ,
Insider Trading ,
Investment ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Wire Fraud
On November 9, 2021, the U.S. Securities and Exchange Commission’s (SEC) Division of Examinations (the “Division”) released a Risk Alert regarding various compliance issues for investment advisory firms offering robo-advisory...more
The Federal Trade Commission (“FTC”) recently announced an updated rule to strengthen data security safeguards for financial institutions. 16 C.F.R. § 314. As a result of increasing cyberattacks and data breaches, the FTC...more
Earlier this month the staff of the U.S. Securities and Exchange Commission (SEC) published a statement in response to a letter issued by the Wyoming Division of Banking on the custody of digital assets. The SEC staff...more
The U.S. Department of Justice (“DOJ”) filed a civil forfeiture complaint detailing two hacks of virtual currency exchanges by North Korean actors. These actors stole millions of dollars’ worth of cryptocurrency or other...more
9/16/2020
/ Blockchain ,
Civil Forfeiture ,
Cryptocurrency ,
Data Breach ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Crimes ,
Financial Services Industry ,
FinTech ,
Foreign Exchanges ,
Hackers ,
Money Laundering ,
North Korea ,
Virtual Currency
John Louis Anthony Bigatton will not be providing financial services in Australia and likely not anywhere else, anytime soon. On Thursday, September 3, 2020, the Australian Securities and Investments Commission (“ASIC”)...more
9/11/2020
/ ASIC ,
Australia ,
Bitcoin ,
Cease and Desist Orders ,
Cryptocurrency ,
Enforcement Actions ,
Financial Crimes ,
Financial Services Industry ,
Interest Payments ,
Investment Fraud ,
Investment Schemes ,
Money Laundering ,
Ponzi Scheme ,
Startups ,
Trading Platforms ,
White Collar Crimes
Digital assets and Blockchain technologies which were once described as the tools of criminals, are now a key part of efforts by traditional financial services firms to transform their businesses and innovative firms looking...more
1/3/2020
/ Accredited Investors ,
Bitcoin ,
Blockchain ,
CFTC ,
Critical Infrastructure Sectors ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Facebook ,
Financial Services Industry ,
FinTech ,
Initial Coin Offering (ICOs) ,
Mark Zuckerberg ,
Martin Act ,
No-Action Letters ,
Offerings ,
Popular ,
Regulatory Requirements ,
Sanctions ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Simple Agreement for Future Tokens (SAFT) ,
Technology Sector ,
Token Sales ,
Transparency ,
Unregistered Securities ,
Virtual Currency
This week saw two items of note in the regulation of digital assets and both came out of the state of New York.
The Return of the Empire State -
A New York State Supreme Court ruled that it has personal and subject...more
8/27/2019
/ Bitcoin ,
Blue Sky Laws ,
Cryptocurrency ,
Currency Exchange ,
Digital Assets ,
Enforcement Actions ,
ETFs ,
Exchange-Traded Products ,
Financial Services Industry ,
Injunctions ,
IRS ,
Martin Act ,
Motion to Dismiss ,
NY Supreme Court ,
Personal Jurisdiction ,
Regulatory Oversight ,
Regulatory Standards ,
State and Local Government ,
State Attorneys General ,
Subject Matter Jurisdiction ,
Tax Liability ,
Virtual Currency
On July 25, the staff of the U.S. Securities and Exchange Commission (“SEC”) Division of Corporation Finance published a response to a no-action request submitted by Pocketful of Quarters, Inc. (“Pocketful of Quarters”)...more
The Securities and Exchange Commission’s (“SEC”) Strategic Hub for Innovation and Financial Technology (“FinHub”) hosted an important public forum on Friday, May 31, 2019 at the SEC headquarters in Washington, D.C. ...more
6/21/2019
/ Capital Formation ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Innovation ,
Innovative Technology ,
Investment Management ,
Public Forum ,
Regulatory Agenda ,
Regulatory Oversight ,
Rulemaking Process ,
Securities and Exchange Commission (SEC)