News & Analysis as of


SEC and CFTC Chairmen Testify before Senate on Cryptoasset Regulation

Last month, SEC chairman Jay Clayton and CFTC chairman Christopher Giancarlo testified before the Senate Banking Committee on their agencies’ regulatory efforts with respect to cryptoassets and ICOs. The written testimonies...more

CFTC Can Regulate Cryptocurrencies as Commodities

by Burr & Forman on

The regulation of virtual currencies, or cryptocurrencies, is evolving. In an important new decision from the United States District Court for the Eastern District of New York, the Court held, among other things, that the...more

Bitcoin Takes A Hit As Cryptocurrency Advertising Faces Increased Scrutiny

Crypto is a Greek prefix meaning “secret” or “hidden.” Unless you live under a rock, or in one of several countries like Bolivia where buying and selling it is illegal, there is nothing secret or hidden about cryptocurrency....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The White House’s protectionist plan to impose roughly $60 billion in annual tariffs on Chinese imports went over like a lead balloon on Wall Street, sparking fears of a trade war, increased volatility, and unintended ripple...more

Congress and the Blockchain: The 2018 Joint Economic Report’s Discussion on Cryptocurrency

by Michael Volkov on

A few days ago, Congress released its 2018 Joint Economic Report. As many of you know, the Joint Economic Committee prepares this report as a national assessment of the country’s economic status. The report often assesses...more

Federal Court Adopts CFTC Position on Cryptocurrency Authority

In the first case of its kind, a New York federal district court has adopted the position of the Commodity Futures Trading Commission (CFTC) that it has jurisdiction to regulate the virtual currency markets. In so doing, the...more

The future of Bitcoin (regulation) in Africa

by Hogan Lovells on

The launch of the first Bitcoin future for trade in the United States of America during December 2017 has brought significant public attention to both the Bitcoin crypto currency, and the underlying bitcoin network...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Breakingviews on what the White House’s intervention into Broadcom’s [dropped] bid for Qualcomm could mean for the US-based chip maker. [Hint, it involves China, and it’s not great for the big Q]....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Notwithstanding Lloyd’s assurances that the rumors of his demise are premature, Goldman has cleared the path forward for David Solomon (aka, one of its current co-Presidents, aka, DJ D-Sol) to assume the CEO position when Mr....more

Federal Judge Upholds CFTC’s Determination that Virtual Currencies Are Commodities

by Morrison & Foerster LLP on

In September 2015, the Commodity Futures Trading Commission (CFTC) stated in a settlement order that “Bitcoin and other virtual currencies are encompassed in the definition and properly defined as commodities” under the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Journal dropped something of a bomb on Friday with news that Goldman Sachs’ CEO Lloyd Blankfein is heading out the door as soon as the end of the year. If true, Goldman will likely look for his replacement within its...more

Cryptocurrencies and the fight against money laundering

As the global use of cryptocurrencies continues to gather momentum, what are the potential risks and implications for compliance professionals and how can they stay a step ahead of money launderers?...more

FinCEN Letter to U.S. Senate Committee on Finance Purports to Thread Needle of Potentially Competing Jurisdictions by Regulators...

by Ballard Spahr LLP on

As we previously have blogged, the Financial Crimes Enforcement Network (“FinCEN”) became one of the first regulators to wade into the regulation of cryptocurrency when it released interpretive guidance in March 2013 stating...more

Orrick's Financial Industry Week In Review

Looking Out for Main Street: SEC Focuses on Retail, Cybersecurity and Cryptocurrency - The Commissioners and senior officials of the Securities and Exchange Commission ("SEC" or "Commission") addressed the public on...more

Federal court rules virtual currency is commodity regulated by CFTC

by Ballard Spahr LLP on

A decision this week from a New York federal district court ruling that the U.S. Commodity Futures Trading Commission (CFTC) had jurisdiction to regulate a cryptocurrency business represents the first opinion from a federal...more

Virtual Currency Is a Commodity Regulated by the CFTC, Eastern District of New York Rules

by Ballard Spahr LLP on

A federal court this week found that the U.S. Commodity Futures Trading Commission (CFTC) had jurisdiction to regulate a cryptocurrency business, raising the possibility of jurisdictional tension among the CFTC and other...more

Governments Begin to Embrace Cryptocurrency

by Michael Volkov on

The world is abuzz about cryptocurrency. By this point, most everyone has heard of Bitcoin, and may even know about some of the other big players in the world such as Ethereum, Ripple, Litecoin, and countless others. The...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Heath insurance behemoth Cigna has agreed to buy Express Scripts—a “pharmacy benefits manger”—for $67 billion in cash and stock, including assuming $15 billion of its debt. The merger is one of a series of big moves in the...more

5 Ways to Fight a Subpoena From the U.S. Government

by Kobre & Kim on

Hedge funds and financial service providers in the cryptocurrency market have been the target of a recent barrage of investigative subpoenas from the U.S. Securities and Exchange Commission (SEC), U.S. Commodity Futures...more

Crypto-Crime: The SEC and DOJ Go After BitFunder and Its BitFounder

Taking further steps into the world of cryptocurrency, two entities of the federal government recently took legal action against BitFunder, a now-defunct Bitcoin exchange, and its founder, Jon Montroll. The Securities and...more

Cryptocurrency Class Action Lawsuits: A New Frontier

by Polsinelli on

Cryptocurrencies, like Bitcoin and Ethereum, had a breakout year in 2017. The price of Bitcoin rose from approximately $1,000 per Bitcoin on January 1, 2017, to $13,000 per Bitcoin on December 31, 2017, with a high of...more

Financial Regulatory Observer - February 2018: The year of blockchain: Global legal framework begins to take form

by White & Case LLP on

Virtual currency and blockchain (VC&B) technology are becoming an important component of the global financial system. Although VC&B were founded on a non-governmental philosophy, the technology is steadily gaining legitimacy....more

Israeli Supreme Court grants injunctive relief to Bitcoin trading company against its bank

by Allen & Overy LLP on

On 25 February 2018, the Israeli Supreme Court, in what appears to be a landmark decision, granted temporary relief in favour of a crypto-currency (Bitcoin) trading company, Bits of Gold Limited (BoG) against its bank, Bank...more

Global Regulators to Maintain AML Pressure on the Cryptocurrency Industry

by Ballard Spahr LLP on

On February 23, the Financial Action Task Force (“FATF”) signaled that the inter-governmental body “will step up its efforts in monitoring the use of cryptocurrencies in money laundering.” ...more

ICOs - The necessity of a European regulatory framework for tokens

by Dentons on

While regulators were still discussing the most effective way to regulate crowdfunding within the EU, a new wave of alternative financing overwhelmingly took them by surprise: ICOs are the new hype, and it seems like there is...more

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