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Asset Management Regulatory Roundup - November 2017 - Issue 10

by Dechert LLP on

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on the amendments to the European Venture Capital and Social Entrepreneurship Fund...more

Frequently Asked Questions on Virtual Currency and CFTC Jurisdiction

On October 17, 2017, the Commodity Futures Trading Commission’s (CFTC) newly formed financial technology (fintech) innovation group, LabCFTC, released its first fintech primer, “A CFTC Primer on Virtual Currencies” (VC...more

Regulatory Sandboxes - a Global Stocktake

by Latham & Watkins LLP on

Regulatory sandboxes are becoming a global trend, providing plenty of opportunities for innovative businesses. Pioneered in the UK as part of the Financial Conduct Authority’s (FCA) “Project Innovate”, a regulatory sandbox...more

LabCFTC Releases Primer on Virtual Currencies without Broadly Addressing Blockchain Tokens

by McDermott Will & Emery on

On October 17, 2017, the Commodity Futures Trading Commission’s LabCFTC released “A CFTC Primer on Virtual Currencies.” The Primer provides an overview or virtual currencies and their potential uses, discusses the role of...more

Becoming a Unicorn Fintech by Shoring Up Intellectual Property

Investment in fintech companies is at an all-time high. “Unicorns” are start-ups that have valuations of more than 1 billion dollars. The majority of the unicorns are in the fintech industry. Fintech companies are often agile...more

SEC Enforcement Division Priorities Pertaining to Retail Investors and Cybersecurity

by Dechert LLP on

In a keynote speech to the Securities Enforcement Forum on October 26, 2017, U.S. SEC Division of Enforcement (Division) Co-Director Stephanie Avakian emphasized the protection of retail investors and cybersecurity as...more

FAQ: What Businesses Need to Know About Investment Crowdfunding

by Ward and Smith, P.A. on

What is Crowdfunding? Crowdfunding is a marketing tool that businesses use to obtain capital from a large number of individuals, typically over the Internet....more

Upending Trade Finance through Blockchain Technology

Trade finance, in both domestic and international financial transactions, is often utilized when one company seeks to import a shipment of goods from a supplier (or exporter). These transactions comprise an enormous amount of...more

Additional Rule 701 Guidance

On November 6, 2017, the Staff of the Division of Corporation Finance provided additional guidance on Rule 701 by issuing this new Compliance and Disclosure Interpretation, Question 271.25, reprinted below...more

A look at how Blockchain could redefine the structure of the capital markets

by Hogan Lovells on

Could blockchain redefine the structure of the capital markets? The venue for trading and the management of risks of trades have traditionally been the role of exchanges and market infrastructure organizations such as the...more

Is a Utility Token ICO a Sale of Securities?

by Farrell Fritz, P.C. on

Bloomberg reported on October 16 that over $3 billion dollars have been raised in over 200 initial coin offerings so far this year. It remains to be seen whether the pace of ICOs will slow down in the face of regulatory...more

SEC Warns Celebrities on Endorsing Initial Coin Offerings

The SEC issued a warning to celebrities and others that endorse initial coin offerings and other investments. The SEC noted: Any celebrity or other individual who promotes a virtual token or coin that is a security must...more

ACROSS THE BOARD-EPISODE 9, STUART LEVINE ON BOARD OPTIMIZATION

by Thomas Fox on

What is Board of Director’s optimization? In this episode, I visit Stuart Levine, one of the country’s leaders on effective Boards of Directors. Levine Chairman of the Board and CEO of STUART LEVINE & ASSOCIATES. Mr....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Samsung, beset by top-level resignations and a mess of bribery allegations reaching the former South Korean President and the crown prince of the family’s chaebol, has announced a new slate of execs “In an effort to bring...more

CFTC Issues Primer on Virtual Currency, Virtual Tokens and ICOs

The Commodity Futures Trading Commission’s LabCFTC recently released, “A CFTC Primer on Virtual Currencies.” This primer provides an overview of virtual currencies and their potential use-cases, helps outline the CFTC’s role...more

Financial Services Weekly News - October 2017 #2

by Goodwin on

Editor's Note - CFPB Outlines Principles for Consumer-Authorized Financial Data Sharing and Aggregation. How companies share consumer data, and how much they tell consumers about their information sharing practices, has...more

The Lawyers' Lawyer Newsletter - Halloween Issue October 2017

by Hinshaw & Culbertson LLP on

Client Intake — Due Diligence — Liability to Parties Other than Client — Holding Funds in Trust - P&P Property Ltd. V. Owen White & Catlin LLP, et al. 2016 WL 05484797 (English High Ct. of Justice, Chancery Div. 2016)...more

SEC’s Most Recent Cybersecurity Move: What Registered Investment Advisors Need to Know

by Polsinelli on

As public concern over data security grows in the wake of the Equifax data breach, the U.S. Securities and Exchange Commission (SEC) is increasing its scrutiny of registered investment advisors (RIAs). In turn, RIAs should...more

Market Participants, Beware: New CFTC Authority to Police Underlying Commodity Markets Sounds Alarms Beyond Digital Currency...

by Kobre & Kim on

Last month, the U.S. Commodity Futures Trading Commission (CFTC) filed its first ever anti-fraud action targeting bitcoin trading. In CFTC v. Gelfman, the CFTC charged a company and its founder with fraudulently soliciting...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Old-school retailer Lord & Taylor has reached a deal with WeWork to sell its landmark New York flagship store for $850 million. L&T will continue on with a greatly decreased department store footprint in the space, but the...more

CFTC Reaffirms Stance on Digital Currencies; Expresses View on DLT and ICOs

by Goodwin on

Pursuant to its LabCFTC initiative, the regulator issued a FinTech Primer on virtual currencies, including addressing the jurisdictional reach of the CFTC and the SEC (and potential overlap). Several questions remain...more

Italy improves transparency and extends its "golden powers" to protect new (corporate) treasures

by Hogan Lovells on

On October 16, 2017 the Italian government adopted Law Decree no. 148/2017 (the "Decree") containing, inter alia, new measures aimed at improving the transparency of Italy's regulated markets and extending the Italian...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Tesla’s hoping that a manufacturing plant in China—the first in the country wholly owned by a foreign manufacturing company—will translate into big sales in the Chinese market. With the Chinese government loath to give up the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Lyft, armed with a fresh billion from Google’s venture investment arm (CapitalG), is looking seriously at a 2018 IPO. The CapG money raises Lyft’s valuation from $6.9 billion to more than $10 billion....more

CFTC Extends Its Reach to Potentially Include Initial Coin Offerings

by Pepper Hamilton LLP on

The Commodity Futures Trading Commission (CFTC) has now made it clear that, in its view, certain initial coin offerings (ICOs) within the United States or affecting U.S. residents may be within its jurisdiction. On October...more

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