As the end of summer approaches, litigation in the digital asset industry has remained hot. In the SEC’s cases against various exchanges, ongoing discovery fights are starting to play out in court filings, and one can expect...more
8/15/2024
/ Bitcoin ,
Blockchain ,
Coinbase ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
FinTech ,
Non-Fungible Tokens (NFTs) ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Token Sales
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 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
8/24/2023
/ Bitcoin ,
Blockchain ,
Coinbase ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
FinTech ,
Investment ,
PayPal ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Token Sales ,
Virtual Currency
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
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 highly anticipated examiner report was released on January 31st....more
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
In the generally opaque emerging world of “DAOs”, a rare public dispute recently played out between the Web3 investment group Yield Guild Games (“YGG”) and Merit Circle DAO, a decentralized autonomous organization, or “DAO”,...more
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
Late last month, SoluTech, Inc. and Nathan Pitruzello consented to a cease-and-desist order with the U.S. Securities and Exchange Commission (“SEC”). From April 2018 through March 2019, SoluTech, a technology start-up...more
10/9/2020
/ Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Financial Transactions ,
Initial Coin Offering (ICOs) ,
Investment Opportunities ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Token Sales ,
Unregistered Securities
U.S. Securities and Exchange (SEC) Commissioner Hester Peirce, referred to by some as “crypto mom” for her support for blockchain technology and cryptocurrency, was nominated on June 3, to serve a five-year term. Peirce is...more
The SEC recently required BitClave to return over $25 million to investors which the company raised by selling its Consumer Activity Tokens (CAT) to over 9,000 investors in an initial coin offering (ICO). BitClave was also...more
The SEC recently filed suit against Dropil, Inc. (“Dropil”), Jeremy McAlpine, Zachary Matar, and Patrick O’Hara, alleging the defendants had defrauded investors in an unregistered offerings of securities described by the...more
The SEC successfully landed another blow in its ongoing battle with Blockvest, LLC for alleged securities fraud and the sale of unregistered securities. ...more
While the world at large shelters in place due to COVID-19 legal and regulatory activity of digital asset and the blockchain world is hopping. ...more
4/23/2020
/ Best Interest Standard ,
Bitcoin ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Instruments ,
Form CRS ,
FSB ,
Initial Coin Offering (ICOs) ,
Investment Fraud ,
Regulation BI ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Virtual Currency
Like Butch Cassidy and the Sundance Kid gloriously diving off a cliff, Telegram is about to take the fall and is trying to take the SEC with it. However, Telegram and supporters are making a number of important arguments in...more
Judge P. Kevin Castel of the Southern District of New York struck his gavel and hung up on Telegram’s contentious $1.7 billion initial coin offering (“ICO”). Judge Castel ruled Telegram's planned distribution of Grams...more
Strikeout for Bitcoin ETF -
Another ETF bites the dust. On February 26th the SEC rejected the application of NYSE Acre for the approval of an exchange traded fund sponsored by the New York firm of Wilshire Phoenix to...more
3/4/2020
/ Bitcoin ,
Bitcoin Mining ,
Celebrity Endorsements ,
CFTC ,
Chapter 11 ,
Commercial Bankruptcy ,
Commodities ,
Criminal Conspiracy ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
ETFs ,
Exchange-Traded Products ,
Financial Crimes ,
Financial Instruments ,
Financial Markets ,
Financial Transactions ,
GAO ,
Influencers ,
Initial Coin Offering (ICOs) ,
Money Laundering ,
Money Transfer ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Token Sales ,
Virtual Currency
Many crypto entrepreneurs are seeking to build decentralized networks in which a token serves as a means of exchange on, or provides access to a function of the network. In the course of building out the network, they need...more
2/14/2020
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
De Minimus Quantity Exemption ,
Digital Currency ,
Financial Instruments ,
Financial Markets ,
FinTech ,
Initial Coin Offering (ICOs) ,
Investment Opportunities ,
IRS ,
Popular ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Tax Liability ,
Tax Planning ,
Token Sales ,
Virtual Currency
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 BitBlog summary focuses on the continuing actions by the U.S. Securities and Exchange Commission (“SEC”) against the issuers of noncompliant initial coin offerings (“ICOs”) and other crypto related transactions including...more
10/29/2019
/ Bitcoin ,
CFTC ,
Commodities ,
Cryptocurrency ,
Default Judgment ,
Digital Currency ,
Enforcement Actions ,
ETFs ,
Ether ,
Exchange-Traded Products ,
Fund Managers ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Initial Coin Offering (ICOs) ,
Regulation A ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Settlement Agreements ,
Token Sales ,
Virtual Currency
This summary covers the last two weeks which includes news about continued enforcement actions by the U.S. Securities and Exchange Commission (“SEC”) involving fraudulent digital asset transactions, dismissal of a securities...more
10/2/2019
/ Bitcoin ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Prosecution ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Ether ,
Extortion ,
FBI ,
Financial Transactions ,
Initial Coin Offering (ICOs) ,
Innovative Technology ,
Investment Adviser ,
Legal Opinion ,
Offerings ,
Popular ,
Putative Class Actions ,
Regulatory Oversight ,
Rewards Programs ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Startups ,
Token Sales ,
Unregistered Brokers ,
Unregistered Securities ,
Virtual Currency
This week’s summary includes updates on anti-money laundering in the crypto-friendly nation of Malta and a proposal to regulate cryptocurrency miners in the United States to help stop human trafficking....more
9/18/2019
/ Anti-Money Laundering ,
Bitcoin ,
Bitcoin Mining ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Currency ,
EU ,
Facebook ,
France ,
Gold ,
Human Trafficking ,
IMF ,
International Finance ,
Malta ,
Regulatory Agenda ,
Startups ,
Strategic Planning ,
Token Sales ,
Virtual Currency
The Polsinelli BitBlog Weekly Update begins with the U.S. Securities and Exchange (“SEC”) settlement with an issuer of securities, who managed to both illegally offer securities, and create an unlicensed exchange to trade...more
9/11/2019
/ Anti-Money Laundering ,
Bad Faith ,
Bitcoin ,
Blockchain ,
Corporate Issuers ,
Cryptocurrency ,
Digital Currency ,
Enforcement Actions ,
Facebook ,
Federal Trade Commission (FTC) ,
Financial Transactions ,
FINMA ,
Illegal Trading ,
Initial Coin Offering (ICOs) ,
Mobile Apps ,
Publicly-Traded Companies ,
Pyramid Schemes ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Settlement Agreements ,
Strict Compliance ,
Token Sales ,
Trading Policies ,
Willful Violations
Last week was a busy one for the SEC, and other crypto related litigation. That’s probably all we’re going to get while the battle between regulators and token issuers rages on, as Congress is not in session and many in the...more