News & Analysis as of

Decentralized Autonomous Organization (DAO) Decentralized Finance (DeFi)

Bracewell LLP

An "Immutable" Force Meets an Immovable Object: OFAC's Crypto Loss at the Fifth Circuit

Bracewell LLP on

On November 26, 2024, the US Court of Appeals for the Fifth Circuit ruled that “immutable” smart contracts are not “property” for purposes of regulation by the US Department of the Treasury’s Office of Foreign Assets Control...more

Carey Olsen

Blockchain 2024 - Bermuda (Legal 500)

Carey Olsen on

Carey Olsen has contributed to The Legal 500 Country Comparative Guide 2024 for Blockchain. The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of blockchain law across a variety...more

Carey Olsen

The Legal 500 Country Comparative Guide Blockchain: Cayman

Carey Olsen on

Carey Olsen has contributed to The Legal 500 Country Comparative Guide 2024 for Blockchain. The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of blockchain law across a variety...more

Carey Olsen

Blockchain 2024: BVI (Legal 500)

Carey Olsen on

Carey Olsen has contributed to The Legal 500 Country Comparative Guide 2024 for Blockchain. The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of blockchain law across a variety...more

The Volkov Law Group

SEC Settlement with BarnBridge DAO and its Founders for Securities Violations Highlights Legal Risks for DAOs and DeFi

The Volkov Law Group on

On December 23, 2023, BarnBridge DAO (“BarnBridge”) and its founders, Tayler Ward and Troy Murray, agreed to settle charges with the U.S. Securities and Exchange Commission (“SEC”).  BarnBridge violated Sections5(a) and 5(c)...more

K&L Gates LLP

SEC's Settlement with BarnBridge DAO: Implications for the Future of DeFi

K&L Gates LLP on

The BarnBridge decentralized autonomous organization (the DAO), along with its founders, agreed to a cease-and-desist order (Order), settling charges brought by the US Securities and Exchange Commission (SEC) finding that its...more

Proskauer - Blockchain and the Law

CFTC Wades into DeFi Enforcement Again

Last month, the Commodity Futures Trading Commission (CFTC) announced settled charges against three decentralized finance (DeFi) protocols for various registration and related violations under the Commodity Exchange Act (CEA)...more

BakerHostetler

DSIR Deeper Dive: 2023 Crypto Threat Landscape

BakerHostetler on

Following one of the most turbulent years in crypto history, 2023, in contrast, unfolded as a year of reprieve, including from crypto threats. According to a July 12, 2023, report from blockchain analytics firm Chainalysis,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court Victory for Treasury and Indictment of Tornado Cash Founders Highlights AML and Sanctions Risks for DeFi Crypto Platforms

In a long-awaited decision involving the cryptocurrency “mixer” Tornado Cash, a U.S. district court on August 17, 2023, upheld the broad authority of the Department of the Treasury’s (Treasury’s) Office of Foreign Assets...more

Ballard Spahr LLP

Digital Planning Podcast Episode: Exploring DAOs

Ballard Spahr LLP on

In this episode of the Digital Planning Podcast Jen Zegel, Justin Brown, and Ross Bruch discuss planning considerations for decentralized autonomous organizations (DAO’s)....more

BakerHostetler

CBDC Initiatives Advance in Colombia, Hong Kong; DOJ Charges Defendants in Mt. Gox Hack, BTC-e; CFTC Wins Ooki DAO Case; Crypto...

BakerHostetler on

CBDC Initiatives Advance in Colombia and Hong Kong - According to a recent press release, a major U.S. fintech company and “leader in enterprise blockchain and crypto solutions” has announced a collaboration with Colombia’s...more

BakerHostetler

Fintech Firms Pursue DeFi, CBDC Initiatives; Blockchain Integrations Announced; IRS Trains Ukraine on Crypto; FATF Voices Crypto...

BakerHostetler on

Product Integrations and Data Indicate Increased Interest in DeFi - MetaMask, a web3 Ethereum Network cryptocurrency wallet, recently announced a new integration with a major U.S. payments and fintech firm....more

Proskauer - Blockchain and the Law

DAO Deemed ‘General Partnership’ in Negligence Suit over Crypto Hack, Prompting Decentralized Orgs to Rethink Corporate Formation

In what appears to be an issue of first impression, a California district court ruled that various defendants allegedly holding governance tokens to the bZx DAO (or “Decentralized Autonomous Organization”), a protocol for...more

BakerHostetler

CBDC Pilot Announced; Ethereum Upgrade Completed; U.S. Treasury Department Addresses DeFi Risks; Studies Analyze Crypto Taxation,...

BakerHostetler on

Montenegro Announces CBDC Pilot, BIS Compares CBDCs to Stablecoins - According to a recent press release, “The Central Bank of Montenegro (CBCG) has agreed to collaborate with the enterprise crypto and blockchain solutions...more

Paul Hastings LLP

Treasury’s DeFi Risk Assessment Draws Lines in the Sand Around “Control”

Paul Hastings LLP on

On April 6, 2023, Treasury issued its risk assessment for decentralized financial (“DeFi”) services as required by Executive Order 14067. While not guidance, the Risk Assessment can provide some insight into Treasury’s views...more

Hogan Lovells

Proposed EU AML/CFT Regulation: Cryptoassets are key focus of ECON/LIBE Committees’ adopted position

Hogan Lovells on

On 28 March 2023, the European Parliament’s Economic and Monetary Affairs (ECON) Committee and Civil Liberties, Justice and Home Affairs (LIBE) Committee voted through their position on the proposed anti-money laundering and...more

Dechert LLP

Federal Court Holds DAO Members Can Be Treated as General Partners Subject to Joint and Several Liability

Dechert LLP on

A Southern District of California federal district court in Sarcuni v. bZx DAO held on March 27, 2023, that decentralized autonomous organizations (“DAOs”), which are member-owned communities that maintain financial records...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court Ruling Could Affect the Future Direction of DAOs

A March 27, 2023, decision by a California federal court in a putative class action, Sarcuni v. bZx DAO, has brought into focus how courts might construe the legal existence of decentralized autonomous organizations (DAOs)....more

BakerHostetler

New Initiatives Launch in Staking, DeFi, DAOs; IRS Issues NFT Guidance; White House Report Criticizes Crypto; SEC and DOJ Crypto...

BakerHostetler on

Staking Market Launches, ‘Defi Cover’ Data Published, DAO Buys Golf Course According to a recent press release, MetaMask Institutional, “the web3 wallet for organizations,” has launched its “institutional staking...more

Cadwalader, Wickersham & Taft LLP

Expanding Regulatory Reach over Intermediaries That May Constitute Regulated Exchanges

In response to changes in business practices, regulations and laws eventually change, too.  During the past few years derivatives markets are witnessing this change as it applies to trading facilities as well as to entities...more

Society of Corporate Compliance and Ethics...

CEP Magazine - March 2023. Compliance in decentralized finance

There has been a lot of discussion recently—across the globe—about how (or if) to regulate the decentralized finance (DeFi) industry. The term DeFi encompasses a broad range of activities and services, including, but not...more

Akin Gump Strauss Hauer & Feld LLP

A Fractured Framework: Regulatory Actions Against Mango Token Trader Highlight Complexities of Crypto Enforcement

Key Points - The recent indictment and multiple regulatory enforcement actions brought against a crypto trader alleged to have committed market manipulation highlight the ongoing fractured oversight of the crypto markets...more

BakerHostetler

Paper Touts DeFi FX Benefits; New Stablecoin Launched; DAO Toolkit Published; BIS Addresses Crypto Risk; SEC, FinCEN, and DOJ...

BakerHostetler on

Paper Explores Benefits of DeFi for FX; Australian Bank Launches Stablecoin - A recent industry paper found that DeFi can reduce costs and enhance transparency in foreign exchange (FX) markets. The paper concludes that...more

Paul Hastings LLP

Top PHive Crypto Enforcement Notes: January Edition

Paul Hastings LLP on

Happy New Year! While the holidays hopefully provided a chance to rest and recharge, things have not slowed down in the world of digital asset enforcement. We see a growing dedication of resources by government law...more

Barnea Jaffa Lande & Co.

2022: A Turbulent Year for the Cryptocurrency Sector

2022 was a turbulent year for the cryptocurrency sector, with one of the worst bear markets ever recorded and the collapse of several major cryptocurrency platforms. The breaking of Terra’s UST stablecoin peg caused a domino...more

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