News & Analysis as of

Asset Tokens Digital Assets

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

Jenner & Block

Client Alert: Early Signs of What’s Next in the SEC’s New Approach to Crypto Assets and the Blockchain Industry

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The SEC’s effort to revamp the SEC’s approach to crypto assets and the blockchain industry is well underway. After forming a Crypto Task Force in the week of the administration, the SEC has been gathering input on the future...more

Venable LLP

SEC Staff Says Meme Coins Are Not Securities

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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

Latham & Watkins LLP

Global DCA Proposes Information Guidelines for Certain Tokens Made Available in the US

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The resource aims to provide a comprehensive, voluntary framework to enhance transparency in the digital assets market and enable informed decision-making for potential buyers....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

WilmerHale

Binance Ruling Spotlights Muddled Post-Morrison Landscape

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The March decision in Williams v. Binance from the U.S. Court of Appeals for the Second Circuit marks the latest chapter in the judiciary's struggle to apply the U.S. Supreme Court's 2010 decision in Morrison v. National...more

Seward & Kissel LLP

Greenbook Tax Proposals

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Tax reform, like spring, is in the air. The Biden Administration recently released its fiscal year 2025 revenue proposals, known as the annual “Greenbook.” The Greenbook’s 250+ pages of tax reforms include six potential...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

Proskauer - Blockchain and the Law

Ownership Claims over Auction of “The First NFT” Previously Dismissed by a New York Court Now on Appeal

Way back (if we’re counting tech years) in 2014, artist Kevin McCoy (“McCoy”) created a digital record of his pulsating, octagon-shaped digital artwork Quantum on the Namecoin blockchain on May 2, 2014, thereby minting “the...more

Latham & Watkins LLP

FASB Adopts Changes to Accounting and Disclosure Standards for Digital Assets

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The new standard aims to improve accounting treatment of certain digital assets under GAAP and may pave the way for increased institutional adoption. On September 6, 2023, the Financial Accounting Standards Board (FASB)...more

A&O Shearman

Private Markets 2023 – let’s check the pulse!

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As we approach the half way point in 2023, it's time to take stock of developing trends in private markets and what it could mean for the future. Our Funds and Asset Management Partner, Kamar Jaffer, has identified some...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

Court Holds All DAO Governance Token Holders Can Be Held Responsible for the Actions and Inactions of the DAO

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A California federal court recently held that all governance token holders were responsible for any losses suffered in a security incident. Specifically, the court, in denying a motion to dismiss, ruled in part in favor of a...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

Analysis: French Sanctions Regime for Digital Asset Service Providers and Token Issuers

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Various sanctions may apply against DASPs and token issuers that operate in France in contravention of applicable rules. France was a pioneer in establishing a legal framework for the regulation of digital assets and...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

BCLP

With clarity comes conviction. How are crypto-tokens to be treated as property?

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On 28 July 2022, the Law Commission published a consultation paper on digital assets. The outcomes of the consultation will inform the programme for law reform in England and Wales and may therefore result in the tabling of...more

Porter Hedges LLP

NFTs: The Future of Managing Patent Assets?

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What do William Shatner, Snoop Dogg, Mark Cuban, Tom Brady, and patent owners have in common? They are all now minting non-fungible tokens (“NFTs”), turning assets into a token that is represented on the blockchain. ...more

Braumiller Law Group, PLLC

Evolving Legal Issues for NFTs

Introduction to NFTs- Throughout 2021 and 2022, Non-fungible tokens (NFTs) have increasingly grown into public awareness. People often hear about NFTs through collectible projects like Bored Ape Yacht Club, CryptoPunks, and...more

Latham & Watkins LLP

NFTs 101: The Basics of Non-Fungible Tokens, and Beyond

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Latham & Watkins Technology Transactions Partner Christian McDermott introduces the basics of non-fungible tokens (NFTs) in this short infographic video. In particular, he addresses the following questions: What are NFTs? ...more

Haug Partners LLP

Valuation of NFTs: Factors to Consider and an Alternative to Destroying the Original Work

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Seven Important Traits - Attempting to value NFTs is a speculative and challenging practice, in part because they are still relatively new and there are few comparable assets. The newsletter Bankless gives seven traits to...more

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