Latest Publications

Share:

Department of the Treasury’s CDFI Fund Releases Revised Certification Application

The U.S. Department of the Treasury’s Community Development Financial Institutions Fund released an updated Community Development Financial Institution (CDFI) Certification Application (Application). This updated...more

Cryptocurrency Securities Class Action Litigation 2023 Year Review

The year 2023 witnessed a recovery in the cryptocurrency and digital assets market corresponding with fewer crypto-related securities class action litigation actions than in 2022. Despite this decrease, the nature of the...more

Mining Your Own Business: Tax and Estate Planning with Crypto

Cryptocurrency, a digital form of currency that uses cryptography for security, has become a significant part of the global financial landscape. As such, it has also become an important consideration in estate planning. This...more

SEC Finalizes Changes to Dealer Definition – Does Not Exempt Private Funds or Proprietary Trading Firms

At a contentious open meeting on February 6, 2024, the Securities and Exchange Commission (Commission) voted three to two to adopt rule amendments (Final Rules) under the Securities Exchange Act of 1934, as amended (Exchange...more

White House Issues Sweeping Executive Order on AI: Key Takeaways

President Biden’s recent Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence: Establishes a federal government-wide effort to mitigate risks of improper AI development and use....more

Sweeping Law for DEI Transparency of Private Funds with a California Nexus

California continues its initiatives to increase workplace diversity through a new law that will require certain funds with a nexus to California to report DEI information about the founding teams of their portfolio...more

California’s Digital Financial Assets Law

Starting July 1, 2025, any person or entity engaged in a “digital financial asset business activity” within California or with a California resident will be required to obtain a license from the California Department of...more

MiCA: Making Progress

The European Council (Council) and the European Parliament (Parliament) announced on 30 June 2022 that they had reached a provisional agreement on the proposal for regulation on markets in cryptoassets (MiCA). The text of...more

SEC Current Reporting Requirements for Private Funds Become Effective in December

Key Takeaways - Following the SEC’s adoption, earlier this year, of changes to Form PF, large hedge fund advisers will face, for the first time, a requirement to report certain events to the SEC within 72 hours. ...more

D.C. Circuit Finds SEC Acted “Arbitrarily and Capriciously” in Disapproving Proposed Bitcoin ETP

The U.S. Court of Appeals for the D.C. Circuit (the “Court”) issued a major ruling against the Securities and Exchange Commission (“SEC”) on August 29, 2023, holding that the SEC acted arbitrarily and capriciously when it...more

SEC Brings First-Ever Enforcement Action Against Non-Fungible Cryptocurrency Tokens

The Securities and Exchange Commission (“SEC”) issued a cease-and-desist order on August 28, 2023, charging Impact Theory, LLC (“Impact Theory”) with conducting an unregistered offering of crypto asset securities in violation...more

The Southern District of New York Splits on Whether a Digital Token is a “Security”

In the latest decision evaluating the application of federal securities laws to the digital asset context, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York (“SDNY”) ruled in favor...more

SEC Final Rule Exempts ABS Issuers from New Cybersecurity Disclosure and Reporting Requirements

ABS issuers have been exempted from the U.S. Securities and Exchange Commission's (“SEC”) final rule requiring certain cybersecurity risk and incident disclosure (the “Final Rule”). The SEC left open the possibility of...more

Navigating the EU AI Act: Implications for Financial Institutions

EU institutions are aiming to reach an agreement on the final form AI Act through ongoing trilogue negotiations by the end of 2023. The AI Act takes a risk-based approach and categorises AI systems into four risk levels:...more

In Major Ruling Celebrated by Crypto Industry, Federal Court Holds That XRP Token is “Not Necessarily a Security”

On July 13, 2023, the United States District Court for the Southern District of New York (the “Court”) issued a major ruling in in a closely-followed lawsuit brought by the Securities and Exchange Commission (the “SEC”)...more

UNIDROIT adopts Principles On Digital Assets And Private Law

The International Institute for the Unification of Private Law (UNIDROIT) has adopted draft Principles on Digital Assets and Private Law (the “Principles”). These Principles comprise legislative guidance and best practices in...more

When You Got It, Flaunt It: Enforcement Authorities Expect Companies, Including Banks and Cryptocurrency Exchanges, That Collect...

The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) recently announced two settlements that underscore OFAC’s continued emphasis on companies developing and implementing effective, risk-based...more

Artificial Intelligence: Monitoring Regulatory Developments

As artificial intelligence (AI) continues to rapidly evolve, policymakers are increasingly focused on its regulation to ensure the protection of individuals and the broader public interest. Following the publication of...more

Artificial Intelligence: Legal and Regulatory Issues for Financial Institutions

Over the last six months, artificial intelligence (AI) has captured the public imagination in a way it never has before. A new generation of AI-powered language models make use of a deep learning architecture known as a...more

Federal Court Holds DAO Members Can Be Treated as General Partners Subject to Joint and Several Liability

A Southern District of California federal district court in Sarcuni v. bZx DAO held on March 27, 2023, that decentralized autonomous organizations (“DAOs”), which are member-owned communities that maintain financial records...more

Trademark Protection and Protected Speech In and Out of the Metaverse

The line between free speech and brand protection remains blurry after a February jury verdict in the NFT case of Hermès Int’l. v. Rothschild and the recent Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v....more

Trademark Protection and Expressive Works In and Out of the Metaverse

The line between free speech and brand protection remains blurry after a February jury verdict in the NFT case of Hermès Int’l. v. Rothschild and the recent Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v....more

Cryptocurrency Securities Class Action Litigation 2022 Year Review

The 2022 decline in the cryptocurrency and digital assets market resulted in a year with more crypto securities class action litigation than any previous year. This article explores the 2022 crypto securities class action...more

98 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide