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Countdown to MiCA: The EU’s cryptoassets regulation

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

NFT fraud: the English court recognises NFTs as ‘property’ and makes proprietary interim remedies available to protect investors

In an important ruling, the English High Court has recognised for the first time that there is an arguable case that non-fungible tokens (NFTs) are to be treated as property under English law. This means that the powerful...more

A U.S. Central Bank Digital Currency? The Federal Reserve Opens the Discussion

The Board of Governors of the Federal Reserve on January 20, 2022, published a discussion paper (the “Paper”) concerning the possibility of creating a central bank digital currency (“CBDC”). The Paper discusses the uses,...more

President’s Working Group on Financial Markets Issues Report on Stablecoins

The President’s Working Group on Financial Markets (PWG), joined by the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency (OCC), released a Report on Stablecoins (Report) on November 1,...more

“Hashing” It Out: Federal Jury Decides Some Cryptocurrency Products are not Securities

Whether a cryptocurrency product is a security is an issue with serious regulatory consequences. In recent years, the Securities and Exchange Commission (“SEC”) has taken a broad position that various crypto assets are...more

The Cryptocurrency Market – Prepare for an Uptick in Enforcement Activity

Key Takeaways - The federal government has the cryptocurrency market in its crosshairs. Specifically, the DOJ, SEC and CFTC have all continued to make announcements and show interest in regulating cryptocurrency and enforcing...more

Banning Binance: the FCA Signals its Intent to Play a Bigger Role in Cryptocurrency Markets

The UK Financial Conduct Authority (“FCA”) has banned Binance Markets Limited (“Binance”) – part of one of the world’s biggest cryptocurrency exchanges – from carrying out any regulated activity in the UK. This not only...more

FRBNY Further Revises TALF 2.0 FAQs; SEC Issues No-Action Relief for Registered Fund and BDC Participants

Introduction - As market participants prepare for the launch of the latest version of the Term Asset-Backed Securities Loan Facility (“TALF”) program (“TALF 2.0”), two new developments provide greater clarity as to how the...more

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