News & Analysis as of

Cryptocurrency

Eversheds Sutherland (US) LLP

SEC and CFTC continue efforts to regulate cryptocurrency

Two important events occurred in the cryptocurrency space last week. The Chairman of the US Commodity Futures Trading Commission (CFTC) gave a speech regarding regulators’ role in effectively supervising markets in the era...more

Perkins Coie

Blockchain Week in Review - November 2018

by Perkins Coie on

Upcoming Bitcoin exchange-traded funds (“ETF”) Decisions - On January 4, 2018, NYSE Arca filed a proposed rule change to list 9 Bitcoin ETFs. Subsequently, the time for the Security Exchange Commission (“SEC”) to approve or...more

MoFo Tech

First SEC Enforcement Action Against Unregistered Digital Token Exchange

by MoFo Tech on

Until November 8, 2018, the enforcement actions of the U.S. Securities and Exchange Commission (SEC) in the digital token (aka cryptocurrency) space have primarily focused on the primary issuances of tokens. However, on...more

King & Spalding

The Next Shoe Drops: SEC Makes Clear Crypto Exchanges Must Register

by King & Spalding on

The Securities and Exchange Commission (SEC) took an important step in its steady march of enforcement actions involving digital assets. On November 8, 2018, the SEC announced that Zachary Coburn, the founder of crypto token...more

Blake, Cassels & Graydon LLP

Confronting Money Laundering and Terrorist Financing: Canada Considers Vast Changes to AML Regime

by Blake, Cassels & Graydon LLP on

The Standing Committee on Finance (Committee) recently released its report, Confronting Money Laundering and Terrorist Financing: Moving Canada Forward (Report), where it makes 32 recommendations on proposed modifications and...more

Mintz

Digital Tokens: Rethinking the Term “Cryptocurrency”

by Mintz on

What are the similarities between a one dollar bill, a share of a company, and a prepaid gift card? The answer is … not so much! The same is true of the similarities between virtual currencies, security tokens, and utility...more

Winstead PC

Federal Court Evaluates When Cryptocurrency May Constitute a Security in a Criminal Case

by Winstead PC on

The regulatory framework for virtual currencies is evolving, as federal and state regulators and courts wrestle with the circumstances in which cryptocurrencies are securities. For instance, the staff of the Securities and...more

BakerHostetler

Blockchain Developments: Bitcoin ATMs, Token Listings, Voting Pilots, Shipping Competition, Global Enforcement, Tax and More

by BakerHostetler on

NY DFS Grants License to Bitcoin ATM Operator, Exchanges Make Announcements - The New York State Department of Financial Services (DFS) announced last week that it approved Coinsource, Inc.’s application for a virtual...more

Pillsbury - Policyholder Pulse blog

Ohio Court Holds Stolen Cryptocurrency Constitutes Covered Property Under Homeowner’s Policy

A little over a month ago, a judge in Franklin County, Ohio, held that Bitcoin—a popular form of cryptocurrency—constitutes covered “property” under the terms of a traditional homeowner’s policy. In Kimmelman v. Wayne...more

Shearman & Sterling LLP

UK Crypto-Assets Task Force Outlines the Path to Crypto-Asset Regulation

by Shearman & Sterling LLP on

The U.K. Crypto-Assets Task Force has published its Final Report. Established in March 2018 by the U.K. Chancellor of the Exchequer as part of the U.K. government's FinTech Sector Strategy, the Task Force comprises...more

Field Law

Defence + Indemnity: November 2018 - Emerging Technology Issues - Case Summary: Copytrack Pte Ltd. v Wall

by Field Law on

A British Columbia court has come out with one of the first Canadian decisions directly addressing the enforcement of rights to ownership of cryptocurrency. Copytrack Pte Ltd. v Wall, 2018 BCSC 1709, per Skolrood,...more

Blank Rome LLP

SEC Exerts Extraterritorial Jurisdiction over Securities Dealer Accepting Bitcoin

by Blank Rome LLP on

SEC sets its sights on foreign companies and individuals looking to take advantage of America’s growing virtual currency market. On September 27, 2018, the Securities and Exchange Commission (“SEC”) filed a complaint in...more

Thomson Reuters Financial & Risk

Embracing technology and regulatory partnerships in Asia

Fintech and regulation are no longer opposing forces. Our Pan Asian Regulatory Summit discussed the value of regulatory partnerships and the use of technology in the region to combat financial crime, streamline compliance and...more

Proskauer -  Blockchain and the Law

CFTC Commissioner: Code Developers May be Accountable for Smart Contracts

Recently at a conference in Dubai, Brian Quintenz, who is a Commodity Futures Trading Commission (CFTC) Commissioner, expressed his personal opinion (rather than the views of the CFTC) on the conceptual challenges in applying...more

King & Spalding

Japan Continues to Embrace Cryptocurrency with Launch of Self-Regulatory Organization: Will the US or Other Countries Follow Suit?

by King & Spalding on

On October 24, 2018, Japan’s Financial Services Agency (FSA) gave the country’s cryptocurrency industry self-regulatory status, allowing the Japan Virtual Currency Exchange Association (JVCEA) power to police and penalize...more

Katten Muchin Rosenman LLP

Bridging the Week - November 2018

by Katten Muchin Rosenman LLP on

During the prior two weeks, three financial authorities in the United Kingdom as well as the Hong Kong Securities and Futures Commission issued reports assessing distributed ledger technology and risks associated with the...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on Swaps, CFTC Initial Margin Phase 5, Brexit, and EU Obligations of...

by Katten Muchin Rosenman LLP on

DERIVATIVES - SEC Issues Statement on Swap Business Conduct Rules - On October 31, the Securities and Exchange Commission took an unusual additional step towards implementing its rules for security-based swaps (SBS) by...more

Foodman CPAs & Advisors

¿Vale la pena el riesgo de la Moneda Virtual?

by Foodman CPAs & Advisors on

Hemos leído que la Moneda Virtual (MV) es un "activo especulativo" que, en determinadas circunstancias, puede utilizarse para pagar bienes o servicios o ser retenido para inversiones; y que su intercambio o uso de intercambio...more

Foodman CPAs & Advisors

Is Virtual Currency worth the Risk?

by Foodman CPAs & Advisors on

We have read that Virtual Currency (VC) is a “speculative asset” that under certain circumstances may be used to pay for goods or services or be held for investment; and that its sale, exchange or use has tax consequences...more

BakerHostetler

Global Blockchain Developments: Zero-Knowledge Proofs on Ethereum, New Foreign Regulatory Frameworks, Continued Enforcement...

by BakerHostetler on

Supply Chain and Banking Pilots Expand, Zero-Knowledge Proofs Meet Ethereum - This week, a leading diamond mining company announced that it joined the Tracr diamond blockchain traceability program, which aims to provide...more

Perkins Coie

Blockchain Week in Review - October 2018 #3

by Perkins Coie on

FATF Issues Virtual Currency Guidance - On October 19, the Financial Action Task Force (“FATF”) published the outcomes of its Plenary meeting. Included in the outcomes of the meeting were new recommendations related to the...more

Sheppard Mullin Richter & Hampton LLP

Our Music Festival- Empowering a Decentralized Fanbase with Blockchain

Distributed ledger technology is continuing to be thought of as the technology that can address some of the issues that plague the music and content-creation space. Our Music Festival (“OMF”) is relying on this technology to...more

Jones Day

Jones Day Talks Technology: Blockchain for Business Lawyers—An Introduction to Blockchain

by Jones Day on

Our first in a series of Jones Day Talks podcasts on Blockchain features Jones Day’s Jim Cox, coeditor of the American Bar Association book Blockchain for Business Lawyers, answering common blockchain questions such as: What...more

Jones Day

Game Changer for Cryptocurrency in Germany? Court Holds No License Required to Trade Bitcoins

by Jones Day on

The Court Decision: On September 25, 2018, the Higher Regional Court of Berlin held that bitcoins would not qualify as financial instruments for the purposes of the German Banking Act (Kreditwesengesetz, "KWG"), thus...more

King & Spalding

Congress and Cryptocurrency: The Elephant in the Room

by King & Spalding on

In the ancient parable of the Blind Men and the Elephant, a group of blind men who had never come across an elephant before were asked to describe it. Each blind man felt a different part of the elephant’s body, but only one...more

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