News & Analysis as of

Cryptocurrency Arbitration

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Private Civil Consumer Financial Services Litigation to Partially Fill CFPB Void - Part...

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The podcast we are releasing today is part 2 of a re-purposed webinar we produced on March 25 titled “The Impact of the Election on the CFPB - Part 4.” As a result of the diminishing impact of the CFPB on enforcing the...more

Latham & Watkins LLP

Litigation 2024 Year in Review and 2025 Outlook: A view of the landscape in Europe and the UK

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Welcome to our Litigation 2024 Year in Review and 2025 Outlook. In this report, we examine the legal trends that have shaped the commercial landscape in Europe and the UK and explore how these developments are likely to...more

Stikeman Elliott LLP

Class Actions in Ontario: 10 Highlights from 2024

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2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario confirme la nullité de la convention d’arbitrage d’une société de crypt

La Cour d’appel de l’Ontario (la « CAO ») a rendu récemment une décision dans l’affaire Lochan v. Binance Holdings Limited (l’« affaire Lochan »), confirmant la décision de première instance selon laquelle la convention...more

Rivkin Radler LLP

November 2024 Insurance Update

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In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying. We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas...more

Stikeman Elliott LLP

Cryptocurrency Exchange Arbitration Agreement Found Unenforceable: Ontario Court of Appeal

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The Ontario Court of Appeal (the “Court”) in Lochan v. Binance Holdings Limited, 2024 ONCA 784, recently upheld a lower court decision dismissing a large cryptocurrency trading platform’s motion to stay a class proceeding in...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Confirms Crypto Company’s Arbitration Agreement Void

In a recent decision in Lochan v. Binance Holdings Limited, the Ontario Court of Appeal (ONCA) affirmed the decision of the lower court setting aside an arbitration agreement as void both because it was contrary to public...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Says When It Comes to Deciding Arbitration Clauses: “I am the Law”

On May 23, the Supreme Court issued a decision holding that when parties have two conflicting contracts – one that sends disputes to arbitration and one that sends disputes to the courts – a court, not an arbitrator, must...more

Carlton Fields

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

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With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more

A&O Shearman

Supreme Court Holds That A Court—Not An Arbitrator—Must Decide Which Of Two Contracts Controls For Purposes Of Determining Whether...

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On May 23, 2024, the United States Supreme Court held that if parties’ agreements conflict as to whether a dispute is subject to arbitration, then a court (not an arbitrator) must decide which contract controls. Coinbase,...more

Troutman Pepper Locke

SCOTUS Designates Dueling Delegation Decision to Courts

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SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more

Troutman Pepper Locke

Cryptocurrency, Sweepstakes, and the Supreme Court: A Tale of Two Contracts

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On May 23, the U.S. Supreme Court issued its decision in Coinbase, Inc. v. Suski et al., unanimously affirming the Ninth Circuit’s decision holding that when parties have agreed to two contracts — one sending arbitrability...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Coinbase, Inc., v. Suski

On May 23, 2024, the U.S. Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, holding that when parties have agreed to two contracts — the first sending arbitrability disputes to arbitration, and the second sending...more

Proskauer - Blockchain and the Law

Enforceable Terms and Arbitration Provisions Important for Providers in Current Crypto Cyberthreat Environment

According to a recent Bloomberg Law article [subscription required], in the past year there has been a sharp decline in active civil suits against cryptocurrency exchanges, digital wallet, mobile phone providers and others...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2024

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A third attorney team representing World Wrestling Entertainment Inc. stockholders has signaled a tag-in for a widening Delaware Court of Chancery rumble with founder Vincent McMahon and top company officials and directors...more

Fenwick & West LLP

SCOTUS to Weigh Whether a Court or Arbitrator Should Decide if a Subsequent Agreement Narrows a Preceding Arbitration Agreement...

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The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

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In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Davis Wright Tremaine LLP

Broker Dealer Regulatory Digest - August 2023

The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing on:...more

Kohrman Jackson & Krantz LLP

Who’s Liable When Your Cryptocurrency Is Stolen?

One of the asserted advantages of blockchain and cryptocurrency is their operation outside the commercial banking system. However, this very feature poses a challenge when cryptocurrency is stolen—or more accurately,...more

Faegre Drinker Biddle & Reath LLP

English Commercial Court Refuses Recognition and Enforcement of California-Seated Arbitration Award on Grounds of Public Policy

In Payward Inc, Payward Ventures Inc and Payward Ltd v Chechetkin [2023] EWHC 1780 (Comm), the English Commercial Court refused to enforce a California-seated arbitration award, on the basis that enforcement would contravene...more

Miles & Stockbridge P.C.

SCOTUS Coinbase Decision Gives Leverage to Parties Enforcing Arbitration Agreements

Last week, the U.S. Supreme Court held that litigation before the district court must be halted when a party appeals a denial of a motion to compel arbitration. In Coinbase v. Bielski, the courtresolved a split among lower...more

McGlinchey Stafford

Stop the Case: SCOTUS Resolves Circuit Split on Stays Pending Appeal of Arbitration Decision

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Resolving a circuit split, the Supreme Court ruled that litigation, including discovery, is automatically stayed when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (FAA). ...more

Akerman LLP - HR Defense

The Supreme Court Delivers a Win for Employers Seeking a Stay in Appeals Involving Arbitration

In a significant win for employers, the United States Supreme Court has ruled that the Federal Arbitration Act (FAA) requires an automatic stay of the case at the trial court level whenever a party appeals the trial judge’s...more

Seyfarth Shaw LLP

Supreme Court Confirms Automatic Stay When Motions to Compel Arbitration are Denied

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The U.S. Supreme Court’s June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of...more

FordHarrison

Supreme Court Requires Stay of Litigation Pending Appeal of a Denial of a Motion to Compel Arbitration

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Executive Summary: On June 23, 2023, in a 5-4 decision, the U.S. Supreme Court held that district courts (i.e. federal trial courts) must stay pre-trial and trial proceedings while an appeal of a decision denying a motion to...more

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