News & Analysis as of

Cryptocurrency Cryptoassets Token Sales

King & Spalding

Meme Coins: Collectibles, Not Securities.

King & Spalding on

On February 27, 2025, the Securities and Exchange Commission’s Division of Corporation Finance (“CorpFin”) issued a Staff Statement announcing its view that meme coin transactions do not involve the offer and sale of...more

Fenwick & West LLP

Entertainment or Investment? The SEC’s Stance on Meme Coins as Securities

Fenwick & West LLP on

On February 27, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance (Corp Fin) published a new staff statement intended to clarify the application of federal securities laws to meme coins....more

Wiley Rein LLP

A Conversation with SEC Commissioner Hester Peirce

Wiley Rein LLP on

In this episode of the CryptoCounsel, hosts Josh and Frank sit down with SEC Commissioner Hester Peirce to unpack the complexities of cryptocurrency regulation. Together they discuss the recent challenges of SEC regulatory...more

Cadwalader, Wickersham & Taft LLP

NIST Stablecoin Report Highlights Security and Stability Concerns

The National Institute of Standards and Technology (“NIST”), a non-regulatory governmental agency that focuses upon the technological aspects of a wide variety of products and services, mostly non-financial in nature,...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Senate Crypto Bill Would Limit SEC Regulatory Role in Favor of CFTC

A bipartisan bill introduced in the U.S. Senate last week seeks “to bring crypto assets within the regulatory perimeter” by granting oversight responsibility to the Commodity Futures Trading Commission (CFTC) for most forms...more

Nelson Mullins Riley & Scarborough LLP

March Madness: “The Truth” Fined by the SEC for Not Shooting Straight in Crypto Promotion

NBA Hall of Famer Paul Pierce, known by basketball fans as “The Truth,” has run afoul of the SEC. No, not that SEC—Pierce played college basketball at Kansas in the Big 12. No, this would be the U.S. Securities and Exchange...more

Womble Bond Dickinson

The Spectacular Fall of FTX: Considerations about Crypto Custody and Insurance

Womble Bond Dickinson on

This morning, the FTX crypto exchange (and more than 130 affiliates) filed for bankruptcy in Delaware. FTX was recently valued at $32 billion, and now it appears to be worth $0. The bankruptcy petition listed at least $10...more

Morrison & Foerster LLP

Court Rules LBRY Token Is a Security in Another SEC Crypto Win

Morrison & Foerster LLP on

On November 7, 2022, Judge Paul J. Barbadoro in the United States District Court for the District of New Hampshire granted summary judgment in favor of the Securities and Exchange Commission against the content sharing...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

J.S. Held

Decrypting Coinbase Accounts: A Guide for Forensic Analysts

J.S. Held on

As cryptocurrencies become more mainstream, it is vital for forensic analysts to understand and analyze digital currency data. Forensic analysts are increasingly being brought in to trace and help recover crypto assets in...more

Cranfill Sumner LLP

SEC Doubles-Down on Cryptocurrency Regulation With Increased Staffing and Resources for Specialized Enforcement Unit

Cranfill Sumner LLP on

Few investors made it through 2021 and 2022 without learning of, discussing, or perhaps purchasing, cryptocurrency or other blockchain assets, and the federal agency responsible for regulating the securities industry has...more

Proskauer - Blockchain and the Law

SEC to Hire More Staff in Crypto Assets and Cyber Unit and Ratchet Up Scrutiny of Industry

The Securities and Exchange Commission (SEC) announced yesterday that it would hire 20 additional positions to the Crypto Assets and Cyber Unit (formerly known as the Cyber Unit) within the Division of Enforcement, increasing...more

Troutman Pepper Locke

Delaware Court Issues Novel Ruling Clarifying Treatment of Cryptocurrency Assets When Evaluating Contract Damages

Troutman Pepper Locke on

Judge Paul Wallace of the Delaware Superior Court issued a recent opinion in Diamond Fortress Technologies, Inc. v. EverID, Inc., clarifying the treatment of cryptocurrency assets when calculating damages. The opinion also...more

Pillsbury - Gravel2Gavel Construction & Real...

Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

The Metaverse is an immersive world combining virtual reality and augmented reality, where users are represented by avatars and roam virtual spaces. It comprises a variety of platforms and environments that can be explored,...more

Jones Day

Regulating the Ether: Lessons for the MENA Digital Asset Industry from U.S. Enforcement Actions

Jones Day on

As the global digital asset industry continues to grow, regulators worldwide have increased efforts to define and shape the legal landscape through various approaches. In the UAE, for example, the Financial Services...more

Jones Day

SEC Chairman Signals Intensified Enforcement and Regulatory Scrutiny of Crypto and DeFi

Jones Day on

SEC Chairman Gary Gensler suggests SEC will aggressively police crypto assets and decentralized finance ("DeFi") platforms while seeking expanded authority to regulate these fast-growing industries....more

Latham & Watkins LLP

NFTs - A Digital Opportunity for PE Sponsors

Latham & Watkins LLP on

Beyond creative works and consumer products, NFTs open up new avenues for IP monetisation in the technology, life sciences, and pharmaceutical industries. Non-fungible tokens (NFTs), one-of-a-kind cryptoassets stored on...more

Woods Rogers

Cryptocurrency: An Evolving Market Still in its Infancy and Where it Stands Today

Woods Rogers on

Bitcoin was first introduced in a 2009 white paper, Bitcoin: A Peer-to-Peer Electronic Cash System.  Since then, cryptocurrencies, also known as virtual or digital currencies, have exploded, with thousands of different types...more

Orrick - On the Chain

Power of the Peirce: SEC Commissioner Spends Some of Her Influence on Trying to Help Crypto Network Developers

Orrick - On the Chain on

SEC Commissioner Hester Peirce continues to be one of the most vocal persons in leadership positions at federal regulators who are promoting innovation in digital currency and the blockchain....more

Hogan Lovells

IOSCO issues report on regulating cryptoasset trading platforms

Hogan Lovells on

IOSCO has published its final report on the issues, risks and regulatory considerations associated with CTPs, which includes key considerations to help regulatory authorities address those issues. ...more

Orrick - On the Chain

English High Court Recognizes Cryptoassets to be a Form of Property: Considerations Following AA v Persons Unknown

Orrick - On the Chain on

On January 17, In AA v Persons Unknown [2019] EWHC 2556 (Comm), the Commercial Court held that a cryptoasset such as Bitcoin is a form of property capable of being the subject of a proprietary injunction. ...more

Latham & Watkins LLP

INSIGHT: Crypto - The Pursuit of Sufficient Decentralization

Latham & Watkins LLP on

Recent SEC guidance on digital assets cleared a path for at least certain stable coins or payment tokens to avoid securities regulation. However, Latham & Watkins attorneys say there are still a number of open questions that...more

Morgan Lewis

Recent Developments in the Regulatory Treatment of Cryptoassets in the United Kingdom and United States

Morgan Lewis on

Regulators on both sides of the Atlantic continue to monitor and address cryptoasset and distributed ledger technology activities. We recently posted on the guidance issued by the US Financial Crimes Enforcement Network on...more

Carlton Fields

How State Remote Sales and Use Tax Statutes May Impact Crypto Assets

Carlton Fields on

States are updating their sales and use tax laws to collect taxes against a new world of frequent remote transactions. With the popularity of internet commerce and efficient interstate mails and wires, commerce increasingly...more

Katten Muchin Rosenman LLP

Bridging the Weeks - July 2019 #2

The United Kingdom’s Financial Conduct Authority proposed to ban the marketing and sale in or from the UK to retail persons of derivatives and exchange-traded notes based on cryptocurrencies and utility digital tokens,...more

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