The Polsinelli Blockchain+ team attended Consensus last week in Toronto, where a key takeaway was the increasing engagement by major traditional financial players with the blockchain industry, both through integrating the...more
5/22/2025
/ Blockchain ,
Capital Markets ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Financial Regulatory Reform ,
Financial Services Industry ,
New Legislation ,
OCC ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stablecoins
As the Polsinelli Blockchain+ team gears up for Consensus 2025 next week in Toronto — where Stephen Rutenberg, Daniel McAvoy and Jonathan Schmalfeld will be attending — the regulatory momentum in Washington appears to be...more
5/8/2025
/ Blockchain ,
Coinbase ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Financial Regulatory Reform ,
Proposed Legislation ,
Regulatory Reform ,
SCOTUS ,
Securities Regulation ,
Stablecoins
The last two weeks have seen federal agencies continue refining their approach to the digital asset industry, while state regulators are beginning to play a more prominent role—even as the overall pace of development appears...more
4/25/2025
/ Capital Markets ,
Coinbase ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations
The past two weeks have been relatively quiet, with stablecoins being the most prominent focus on the regulatory front. Stablecoin legislation now appears likely this year, with a bill to regulate stablecoins advancing out of...more
The past two weeks brought some notable progress for the industry, though it still often feels like “regulation by lack of enforcement” rather than a truly proactive approach. The SEC clarified that most proof-of-work mining...more
3/28/2025
/ CFTC ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
FinCEN ,
IRS ,
New Legislation ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stablecoins
Among the biggest news that dropped in the past two weeks was the Trump administration’s announcement of a national Bitcoin reserve plan, a move whose mere discussion marks a significant shift from the federal government’s...more
3/13/2025
/ Bitcoin ,
Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Enforcement Actions ,
Enforcement Priorities ,
FinTech ,
Investment ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Trump Administration
Three of the SEC’s key enforcement actions—all extensively covered in BitBlog and widely seen as emblematic of the agency’s adversarial stance toward the industry—are reportedly being halted or dismissed. The SEC has agreed...more
2/27/2025
/ Blockchain ,
CFTC ,
Civil Monetary Penalty ,
Coinbase ,
Cryptocurrency ,
Cybersecurity ,
Digital Assets ,
Dismissals ,
Enforcement Actions ,
FinTech ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The legal landscape surrounding blockchain technology underwent dramatic shifts in 2024, particularly in the United States, offering both remarkable opportunities and substantial compliance challenges. Governments introduced...more
1/10/2025
/ Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Enforcement Priorities ,
Non-Fungible Tokens (NFTs) ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Startups
With Bitcoin hitting record highs and breaking a barrier long seen as aspirational, and with a new administration making key appointments, the year is ending with much excitement and momentum for the digital assets industry....more
12/20/2024
/ Bitcoin ,
Blockchain ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
ETFs ,
Financial Services Industry ,
FinTech ,
Investment ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
It’s fitting that our second October Web3 legal update arrives on Halloween, as many in the industry might find the current legal landscape for digital asset products and services quite spooky. While the past few weeks have...more
11/1/2024
/ Blockchain ,
CFTC ,
Coinbase ,
Critical Infrastructure Sectors ,
Cryptocurrency ,
Digital Assets ,
Ethereum ,
Financial Industry Regulatory Authority (FINRA) ,
FOIA ,
Internet ,
Metaverse ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The SEC has been busy, both in bringing actions against digital industry participants and in defending against affirmative lawsuits brought against the agency regarding the lack of notice and rulemaking for digital assets...more
10/17/2024
/ Administrative Procedure Act ,
Bitcoin ,
Coinbase ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Financial Markets ,
Investment Opportunities ,
Regulatory Violations ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stablecoins
The last two weeks have seen a flurry of Congressional hearings addressing key digital asset issues, alongside several noteworthy consent judgments against industry participants from the SEC. These fast-paced developments are...more
As Congress is on its August recess, litigation over digital asset issues continued with major developments in the Yuga Labs trademark case and the SEC cases against Kraken and Consensys. While these matters all involve...more
8/30/2024
/ Blockchain ,
Capital Markets ,
Class Action ,
Cryptocurrency ,
Digital Assets ,
Digital Wallets ,
Distributed Ledger Technology (DLT) ,
FinTech ,
Non-Fungible Tokens (NFTs) ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Smart Contracts
Our last update included a whirlwind of activities, with the surprisingly bipartisan House of Representatives vote on FIT 21 and the SEC’s approval of certain Ether spot ETF rule change proposals coming in quick succession....more
6/13/2024
/ Blockchain ,
Class Action ,
Coinbase ,
Cryptocurrency ,
Digital Assets ,
EFTs ,
Financial Markets ,
Investment ,
Non-Fungible Tokens (NFTs) ,
Presidential Veto ,
Private Funds ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Token Sales
The focus in Web3 law the past few weeks has been on jurisdictional issues when litigating matters involving borderless digital asset transactions. This is expected to be an ongoing issue, as courts work through these...more
4/25/2024
/ Blockchain ,
Criminal Prosecution ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Enforcement Actions ,
Financial Transactions ,
Investment Opportunities ,
IRS ,
Securities Regulation ,
Securities Violations ,
Stablecoins ,
Unregistered Securities
It was a busy week for digital assets with the Securities and Exchange Commission, as the agency was sued by a digital asset exchange hopeful and faces responses in its pending litigation against existing digital asset...more
3/14/2024
/ Blockchain ,
Crypto Exchanges ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
FinTech ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
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
2/23/2024
/ Blockchain ,
Broker-Dealer ,
BSA/AML ,
Congressional Investigations & Hearings ,
Cryptocurrency ,
Digital Assets ,
Financial Crimes ,
FinTech ,
Money Laundering ,
New Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Transactions ,
Stablecoins
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
1/12/2024
/ Blockchain ,
Commodities Traders ,
Cryptocurrency ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Financial Markets ,
Financial Regulatory Reform ,
FinTech ,
Investment ,
Regulatory Agenda ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Smart Contracts ,
Tax Liability
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
9/21/2023
/ Blockchain ,
Central Bank Digital Currency (CBDCs) ,
CFTC ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Ethereum ,
IOSCO ,
Listing Rules ,
Non-Fungible Tokens (NFTs) ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
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
While the blockchain crypto community is processing the latest round of “crypto contagion,” potentially lost in the busy news week was a significant legal development regarding what digital assets qualify as securities under...more
11/17/2022
/ Blockchain ,
Digital Assets ,
Enforcement Actions ,
Financial Instruments ,
Howey ,
Investment Contract ,
Payment Tokens ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Summary Judgment ,
Token Sales ,
User-Generated Content
On September 15, 2022, the Senate Committee on Agriculture, Nutrition, and Forestry (the “Ag. Committee”) held a hearing to discuss Senate Bill 4760, titled the Digital Commodities Consumer Protection Act of 2022 (the “Bill”)...more
9/19/2022
/ Bitcoin ,
CFTC ,
Congressional Investigations & Hearings ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Ethereum ,
Financial Instruments ,
Regulatory Authority ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stablecoins
Thoughts on Recent SEC statements and Action on Enforcement Related to Decentralized Autonomous Organizations (DAO) -
On November 10, 2021 the US Securities and Exchange Commission (the SEC) announced that it had halted...more