The Polsinelli Blockchain+ team took a break from the usual Bi-Weekly updates for the Thanksgiving holiday, but the Web3 legal developments did not. There was a significant ruling out of the 5th Circuit, which has major...more
After a relatively quiet October for Web3 legal developments, November has kicked off with significant activity, primarily centered around ongoing lawsuits and regulatory enforcement actions. In addition to these legal...more
In the last few weeks, decisions by regulatory agencies and courts overseeing cryptocurrency disputes have dominated the Web3 legal news. This can be expected to continue, even as Congress comes back from its August break, as...more
While the nation was preoccupied with the significant developments in the Presidential race, advocates and promoters of the blockchain ecosystem were particularly attentive to the news, given the perception that the current...more
7/25/2024
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
ETFs ,
Ether ,
Financial Instruments ,
Financial Markets ,
Presidential Elections ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Virtual Currency ,
Wells Notice
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
2/9/2024
/ Bitcoin ,
Blockchain ,
Crypto Exchanges ,
Cryptocurrency ,
Cyber Crimes ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Digital Currency ,
ETFs ,
FinTech ,
Hackers ,
Investment Opportunities ,
Mining ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
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 October 28, 2021, The Financial Action Task Force (FATF), an inter-governmental body that sets international standards with an aim to prevent global money laundering and terrorist financing, released updated guidance...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
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
With the world slowly coming out of the COVID-19 lock down and the economy hopefully on the path to recovery there have been many developments in the blockchain / crypto space over the last few weeks....more
5/19/2020
/ Bitcoin ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
FinTech ,
Fraudulent Investment ,
Initial Coin Offering (ICOs) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Stock Exchange ,
Unregistered Securities ,
Virtual Currency
On April 28, 2020, the Congressional Research Service (CRS) published an in depth report related to Fintech, titled Fintech: Overview of Innovative Financial Technology and Selected Policy Issues....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
Five years or so years ago, the Internal Revenue Service (“IRS”) provided its first, and until this week, only formal advice on the taxation of cryptocurrency transactions in Notice 2014-21. This guidance, while helpful in...more
10/22/2019
/ Bitcoin ,
Blockchain ,
Capital Gains ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Transactions ,
Future Tax Treatment ,
Guidance Update ,
Income Taxes ,
Investment ,
IRS ,
Reporting Requirements ,
Tax Liability ,
Tax Planning ,
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
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
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
As the summer continues to heat up so does the digital asset industry with two major developments.
The Libra announcement last month represented a milestone in the cryptocurrency industry....more
Despite the growth of crypto-currencies in number and use, relatively little guidance has been provided by the Internal Revenue Service (IRS) to date related to the federal income taxation of such crypto transactions. ...more