Author Info for Orrick - On the Chain

Kristina Arianina

Non-U.S. Crypto and Other Money Services Businesses: Have Customers in the U.S.? Beware of AML and Sanctions Compliance Risk

Two recent guilty pleas involving a cryptocurrency exchange serve as a reminder to all money services businesses (“MSBs”)—including those ostensibly located outside the United States but that conduct business there—of the…more

Anti-Money Laundering, Bank Secrecy Act, BitMEX, Cryptocurrency, FinCEN

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Darrell Cafasso

Federal Reserve Requires Banks to Provide Notice Regarding Crypto-Asset-Related Activities

The Federal Reserve Board (“FRB”) announced a significant shift requiring FRB-supervised banking organizations to disclose any current crypto-asset-related activity and to notify FRB in advance of entering into any such business…more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, Federal Reserve

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James Chou

California: The Next Frontier in Digital Asset Regulation

The California Department of Financial Protection and Innovation (DFPI) may soon have another regulatory regime under its belt—answering the long-open question of digital asset regulation in California…more

Cryptocurrency, Department of Financial Protection and Innovation (DFPI), Digital Assets, Virtual Currency

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Harry Clark

Cryptocurrency and OFAC: Beware of the Sanctions Risks

A recent federal criminal action shows the depth of the U.S. government’s concern about the use of cryptocurrency (or virtual currency) to violate economic sanctions laws and the lengths to which it will go to charge such…more

Anti-Money Laundering, Bitcoin Mining, BSA/AML, CFTC, Corruption

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Peter Connors

Proof-of-Stake Rewards: Payment for Services or a Baked Cake?

Against the backdrop of rapidly evolving blockchain technology, the IRS has oftentimes been slow to update its related tax guidance, leaving participants in the blockchain ecosystem uncertain about their tax obligations. Perhaps…more

Blockchain, Cryptocurrency, Distributed Ledger Technology (DLT), Income Taxes, IRS

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Samantha Goldberg-Seder

California: The Next Frontier in Digital Asset Regulation

The California Department of Financial Protection and Innovation (DFPI) may soon have another regulatory regime under its belt—answering the long-open question of digital asset regulation in California…more

Cryptocurrency, Department of Financial Protection and Innovation (DFPI), Digital Assets, Virtual Currency

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Alice Hsu

SEC Provides Expectations About Public Company Disclosures Regarding Crypto Ecosystem Impact

The Division of Corporation Finance of the Securities and Exchange Commission (“SEC”) issued a sample letter on December 8, 2022, highlighting considerations that public companies that are in, or connected to, the crypto…more

Cryptocurrency, Disclosure Requirements, MD&A Statements, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Soo Hwang

Crypto Regulation Marches On With Potential Consequences for Trading Systems

A flurry of recent activity has reinforced the SEC’s commitment to regulate crypto assets, including trading systems that trade crypto asset securities…more

Blockchain, Crypto Exchanges, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets

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Sunny Hwang

They Did It for the Gram: SEC and Telegram File Dueling Expert Reports

The battle in federal court between the SEC and Telegram continues to progress at breakneck speed. The SEC commenced its action less than four months ago, on October 11, 2019, by seeking a temporary restraining order against…more

Blockchain, Cryptocurrency, Digital Currency, Enforcement Actions, Financial Instruments

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Blake Ilstrup

NY AG Accuses Bitfinex and Tether of Covering Up $851 Million Loss in Investor Funds

On April 25, 2019, New York’s Attorney General secured a preliminary injunction against Bitfinex, a cryptocurrency trading platform, and Tether, the company behind tether (USDT), one of the world’s most popular cryptocurrencies…more

Cryptocurrency, Digital Currency, Financial Fraud, Investment Fraud, Investment Management

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Rebecca James

The FCA Reclassifies Cryptoassets, But Is It Moving Away From Its Technology Neutral Approach?

The Financial Conduct Authority (FCA) has released final guidance on cryptoassets in a policy statement that includes feedback from their January consultation paper. It is important to note that the policy statement is of a…more

Anti-Money Laundering, CFD Trading, Cryptoassets, Cryptocurrency, Financial Conduct Authority (FCA)

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Daniel Jones

European Crypto Regulation on the Verge of Enactment

The EU’s Markets in Crypto-Assets (MiCA) regulations are now all but final and may take effect this year. MiCA will provide new regulatory frameworks, including licensing and disclosure obligations, for participants in the…more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, EU

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Sheryl Koval Garko

Three IP Issues to Watch Out for When It Comes to NFTs

Seemingly overnight, non-fungible tokens (NFTs) have exploded onto the market and into the public consciousness. The eye-popping prices that some have commanded—and their potential to revolutionize the concept of ownership…more

Copyright Infringement, DMCA, Intellectual Property Protection, Non-Fungible Tokens (NFTs), Trademark Registration

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Nikiforos Mathews

In or Out? – The CFTC Explains When Virtual Currencies Come Within Its Jurisdiction

On March 24, the Commodity Futures Trading Commission (CFTC) issued final interpretive guidance (the Guidance) regarding retail commodity transactions involving virtual currency…more

CFTC, Commodities, Digital Assets, Virtual Currency

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Lorraine McGowen

2022 Is the Year of Sweeping Changes for Cryptocurrency and Other Digital Asset Transfers

What to look out for in the proposed new Chapter 12 of the Uniform Commercial Code (UCC) The world of cryptocurrencies and other forms of digital assets (such as non-fungible tokens) is exploding. While Bitcoin is the largest…more

Bitcoin, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT), Financial Institutions

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Jeanine McGuinness

Non-U.S. Crypto and Other Money Services Businesses: Have Customers in the U.S.? Beware of AML and Sanctions Compliance Risk

Two recent guilty pleas involving a cryptocurrency exchange serve as a reminder to all money services businesses (“MSBs”)—including those ostensibly located outside the United States but that conduct business there—of the…more

Anti-Money Laundering, Bank Secrecy Act, BitMEX, Cryptocurrency, FinCEN

See all updates »

Robert Moore

6 Questions Blockchain Founders Should Ask When Launching a Product or Token

As any founder knows, operating in the blockchain space requires navigating a myriad of regulatory regimes. While every product and token are different, below are 6 key questions that any founder should ask themselves as they…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Office of Foreign Assets Control (OFAC)

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Joseph Perkins

6 Questions Blockchain Founders Should Ask When Launching a Product or Token

As any founder knows, operating in the blockchain space requires navigating a myriad of regulatory regimes. While every product and token are different, below are 6 key questions that any founder should ask themselves as they…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Office of Foreign Assets Control (OFAC)

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Mark Puzella

Three IP Issues to Watch Out for When It Comes to NFTs

Seemingly overnight, non-fungible tokens (NFTs) have exploded onto the market and into the public consciousness. The eye-popping prices that some have commanded—and their potential to revolutionize the concept of ownership…more

Copyright Infringement, DMCA, Intellectual Property Protection, Non-Fungible Tokens (NFTs), Trademark Registration

See all updates »

Nathaniel Reisenburg

6 Questions Blockchain Founders Should Ask When Launching a Product or Token

As any founder knows, operating in the blockchain space requires navigating a myriad of regulatory regimes. While every product and token are different, below are 6 key questions that any founder should ask themselves as they…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Office of Foreign Assets Control (OFAC)

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Jonas Robison

Blockchain in Banking: OCC Seeks Public Comment

For the first time in a dozen years, the Office of the Comptroller of the Currency (OCC) is seeking to update its regulations on digital activities to consider banks’ use of blockchain and distributed ledger technology (DLT), as…more

Advanced Notice of Proposed Rulemaking (ANPRM), Banking Sector, Blockchain, Distributed Ledger Technology (DLT), Financial Institutions

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Jonathan Rosen

HMRC’s New Approach to Cryptoassets – Tax First, Define Later

The UK tax authority, Her Majesty’s Revenue & Customs (HMRC), has taken a further step towards tackling perceived tax avoidance in transactions involving cryptoassets. Specifically, according to press reports, exchanges such as…more

Cryptocurrency, Exchange Tokens, Financial Conduct Authority (FCA), FSMA, HMRC

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Katy Ryan

California: The Next Frontier in Digital Asset Regulation

The California Department of Financial Protection and Innovation (DFPI) may soon have another regulatory regime under its belt—answering the long-open question of digital asset regulation in California…more

Cryptocurrency, Department of Financial Protection and Innovation (DFPI), Digital Assets, Virtual Currency

See all updates »

Caroline Simons

Three IP Issues to Watch Out for When It Comes to NFTs

Seemingly overnight, non-fungible tokens (NFTs) have exploded onto the market and into the public consciousness. The eye-popping prices that some have commanded—and their potential to revolutionize the concept of ownership…more

Copyright Infringement, DMCA, Intellectual Property Protection, Non-Fungible Tokens (NFTs), Trademark Registration

See all updates »

Guy Stevenson

European Crypto Regulation on the Verge of Enactment

The EU’s Markets in Crypto-Assets (MiCA) regulations are now all but final and may take effect this year. MiCA will provide new regulatory frameworks, including licensing and disclosure obligations, for participants in the…more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, EU

See all updates »

Andrew Wallach

6 Questions Blockchain Founders Should Ask When Launching a Product or Token

As any founder knows, operating in the blockchain space requires navigating a myriad of regulatory regimes. While every product and token are different, below are 6 key questions that any founder should ask themselves as they…more

Blockchain, Cryptocurrency, Digital Assets, Digital Currency, Office of Foreign Assets Control (OFAC)

See all updates »

Amy Walsh

Non-U.S. Crypto and Other Money Services Businesses: Have Customers in the U.S.? Beware of AML and Sanctions Compliance Risk

Two recent guilty pleas involving a cryptocurrency exchange serve as a reminder to all money services businesses (“MSBs”)—including those ostensibly located outside the United States but that conduct business there—of the…more

Anti-Money Laundering, Bank Secrecy Act, BitMEX, Cryptocurrency, FinCEN

See all updates »

James Wigginton

Crypto Regulation Marches On With Potential Consequences for Trading Systems

A flurry of recent activity has reinforced the SEC’s commitment to regulate crypto assets, including trading systems that trade crypto asset securities…more

Blockchain, Crypto Exchanges, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets

See all updates »

Elizabeth Zane

Cryptocurrency and OFAC: Beware of the Sanctions Risks

A recent federal criminal action shows the depth of the U.S. government’s concern about the use of cryptocurrency (or virtual currency) to violate economic sanctions laws and the lengths to which it will go to charge such…more

Anti-Money Laundering, Bitcoin Mining, BSA/AML, CFTC, Corruption

See all updates »

Orrick - On the Chain

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