News & Analysis as of

Asset Tokens Cryptocurrency

Seward & Kissel LLP

[Event] Blockchain Symposium - April 30th, New York, NY

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The Symposium will cover topics including: - What are the tax and accounting structuring, compliance and enforcement considerations when tokenizing assets? - Onboarding private fund processes on-chain, where are we...more

Venable LLP

SEC Staff Says Meme Coins Are Not Securities

Venable LLP on

When meme coins—crypto tokens that usually do not purport to have any utility but are often just a single digital image of a dog, frog, or celebrity—began to be popularized, many skeptics thought that they were a joke,...more

Mintz Edge

Key Considerations for the Prospective Blockchain Investor

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Prospective purchasers of blockchain assets can now navigate through global exchanges (i.e., Coinbase or Kraken) to invest in various forms of tokens. Investments in tokens, however, are only the tip of the iceberg for those...more

A&O Shearman

MiCAR under the microscope - Part 6: Acquisition of qualifying holdings of casps and art issuers

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The Regulation (EU) 2023/1114 on Markets in Crypto-assets (MiCAR) has further expanded the panel of regulated entities by introducing the regulatory status of Issuers of Asset Reference Tokens (ART Issuers) and crypto-asset...more

BakerHostetler

Weekly Blockchain Blog - September 2024 #4

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Payments Firms Launch Crypto Products, New Crypto Adoption Data Published - According to a recent press release, a well-known U.S. payments and financial technology company announced that it will allow its United States...more

Latham & Watkins LLP

Hong Kong Court Compels Disclosure in Novel Crypto Case Involving DAO

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The case involves substantive litigation that could yield important legal principles for the treatment of decentralised projects. Decentralised autonomous organisations (DAO) are unique structures that operate...more

BakerHostetler

Weekly Blockchain Blog - August 2024 #4

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Financial Firms Announce Crypto Initiatives, Stablecoin Growth Continues - A major U.S. crypto investment company recently announced the launch of its Avalanche Trust, which “offers investors the opportunity to gain...more

BakerHostetler

Weekly Blockchain Blog with Client Alert - August 2024 #2

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Crypto Offerings Launch by Major Investment Bank, Asset Manager and Insurer - According to a recent report, a major multinational investment bank and financial services firm is now allowing its investment advisors to pitch...more

Dechert LLP

MiCA Phase 1: ARTs and EMTs (Incl. Stablecoins) Need EU Authorization

Dechert LLP on

The first phase of the Markets in Crypto-Assets Regulation (MiCA) applies from 30 June 2024. Issuers of asset-reference tokens (ARTs) must be authorized in the EU, which includes submitting a detailed application and...more

Ankura

Understanding the Crypto Ripple Effect

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On July 13, 2023, the Court ruled in partial favor of Ripple Labs Inc.’s argument that many of its XRP sales did not violate investor-protection laws. The ruling has sent the crypto world ablaze with speculation on the future...more

Morrison & Foerster LLP

SDNY Issues Split Decision in SEC v Ripple Labs, Potentially Complicating Analysis of When Crypto-Tokens Will Be Treated as...

On July 13, 2023, Judge Analisa Torres in the Southern District of New York issued the much-anticipated summary judgment order in the Securities and Exchange Commission’s (SEC) case against Ripple Labs and two senior leaders,...more

A&O Shearman

Law Commission’s final report on digital assets: What’s new?

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Eleven months after the publication of its monster consultation paper, the Law Commission has published its final report on Digital Assets. Last time, tongue in cheek, we likened the hype to that for “Top Gun: Maverick”,...more

Goodwin

Marketing Crypto-Assets in and Into Europe: MiCAR, the EU’s New Uniform Crypto Code

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The EU Markets in Crypto-Assets Regulation (MiCAR) was published in the Official Journal of the European Union on 9 June 2023. MiCAR is a the major, step toward an EU-wide uniform code governing crypto-assets, such as BTC,...more

McDermott Will & Emery

IRS Releases Memorandum on the Tax Consequences of a Blockchain Protocol Upgrade

McDermott Will & Emery on

On April 21, 2023, the Internal Revenue Service (IRS) released a Chief Counsel Advice memorandum (ILM 202316008), concluding that a protocol upgrade to the consensus mechanism of a cryptocurrency blockchain that did not...more

Goodwin

Bankrupt in the Metaverse

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Companies are pouring capital into the metaverse, often on expectations of outsized future returns. Investment in the metaverse more than doubled in 2022, and industry experts have projected that the metaverse could generate...more

Conyers

A Practical BVI Guide to Crypto, Tokens and VASPs

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Conyers attorneys Eric Flaye and Nicholas Kuria provide a practical overview of cryptocurrency and tokens in the British Virgin Islands and discuss the impending Virtual Asset Services Providers Act, 2022. This webinar is...more

Womble Bond Dickinson

It’s A Wonderful Life’s Lessons Ring True in BlockFi Bankruptcy

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We are heading into the holiday season. It’s a Wonderful Life will be on television. And cryptocurrency bankruptcies will be in the news. Yesterday, BlockFi filed for bankruptcy. What does a seventy year old Frank Capra movie...more

K&L Gates LLP

MiCA – Overview of the New EU Crypto-Asset Regulatory Framework (Part 2)

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This is Part 2 of a three-part series which examines the main elements of the new MiCA regime in the EU. As a recap, our discussion is based on the Compromise Text (published on 5 October), with references also made to the...more

Latham & Watkins LLP

Dubai Financial Services Authority Issues New Regime to Regulate Crypto Tokens

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The regime introduces rules on various crypto tokens, including cryptocurrencies and stablecoins, in the Dubai International Financial Centre. On November 1, 2022, the Dubai Financial Services Authority (DFSA) crypto...more

BakerHostetler

US District Court Finds LBRY Tokens Are Securities

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Takeaways: ..The Court granted the U.S. Securities and Exchange Commission’s (the SEC) motion for summary judgment, holding that LBC tokens are securities and that the offers and sales of the tokens by LBRY, Inc. (LBRY)...more

Vinson & Elkins LLP

The SEC Reaffirms its Stance: Most Tokens are Securities

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The crypto token asset class has grown substantially in the last couple of years, drawing the watchful eyes of regulators. While the emerging world of crypto has created more questions than answers, the U.S. Securities and...more

Paul Hastings LLP

VOTER BEWARE! Personal Liability for DAO Token Holders for Voting?

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New CFTC Action has Significant Implications for DAO Participation and Structures- Decentralized Autonomous Organizations (“DAOs”) provide a new way for individuals across the globe to use blockchain technology to pool...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for August 2022

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources. This...more

Latham & Watkins LLP

Legal Implications of the Ethereum Merge and Potential Ethereum Proof-of-Work Fork

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Ethereum’s transition to proof of stake presents opportunities and pitfalls for certain digital assets and tokens built on the network. After years of development, the Ethereum blockchain appears poised to make its...more

Latham & Watkins LLP

Verra Announces Public Consultation on Proposed Approach to Third-Party Crypto Instruments and Tokens

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A major voluntary carbon standard invites comments on linking carbon credits with crypto instruments and tokens, reinforcing the growing importance of blockchain transactions in voluntary carbon markets. On August 3,...more

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