News & Analysis as of

Digital Assets

When Does Software Become Securities?

The SEC Munchee Order and Chairman’s Statement - On December 11, 2017, the U.S Securities and Exchange Commission (“SEC”) issued a cease and desist order (“Order”) against Munchee, Inc.’s (“Munchee”) $15 million Initial...more

Art Galleries, Dealers, Buyers, and Sellers Now the Target of High-Stakes Digital Heists

In the financial industry, companies engaging in million-dollar transactions invest in the latest in technology in order to safeguard valuable assets. However, in the art world—a market built on relationships and...more

SEC Takes $15 Million Bite Out of an ICO

The SEC issued a cease and desist order against Munchee’s $15 million ICO, opining that the tokens were securities for which no there was registration statement filed or in effect with the Commission nor a qualifying...more

Income, from Whatever Exchange, Mine, or Fork Derived: The Basics of U.S. Cryptocurrency Taxation

by Proskauer - Tax Talks on

In this first of (we hope) many posts on the interesting and myriad tax issues arising in the world of cryptocurrency and blockchain technology, we focus on the very basic U.S. federal income tax consequences of...more

Are Your Social Media Accounts in Trusted Hands if You Die or Become Incapacitated?

by Barley Snyder on

All of us increasingly rely on online accounts and electronic devices. Many of us own assets that exist only in electronic book entry form or are stored on an electronic device, including social media accounts, photographs...more

The Importance of Medical and Financial Powers of Attorney and Healthcare Directives for Young Adults: a Q&A with PK Law Estate...

by Pessin Katz Law, P.A. on

The Importance of Medical and Financial Powers of Attorney and Healthcare Directives for Young Adults: a Q&A with PK Law Estate Planning Attorney Cheryl Jones. Q: Why do young adults need Financial Powers of Attorney and...more

LinkedIn – in whose professional interest?

by Seyfarth Shaw LLP on

LinkedIn is the biggest online network of professionals in the world. Many employers encourage staff to use LinkedIn to promote their organisation. While employees may share content relating to their organisation, they...more

A look at how Blockchain could redefine the structure of the capital markets

by Hogan Lovells on

Could blockchain redefine the structure of the capital markets? The venue for trading and the management of risks of trades have traditionally been the role of exchanges and market infrastructure organizations such as the...more

Stored Communications Act Does Not Prohibit Disclosure of Deceased’s Yahoo Account

In what appears to be a case of first impression in the Commonwealth of Massachusetts, the Supreme Judicial Court (SJC) has ruled that Yahoo may disclose the contents of a deceased’s Yahoo email account to his personal...more

Protecting Your Digital Assets

Protecting your digital assets is as important as protecting your physical assets. Never think, “It won’t happen to me”—everyone has something that cyber criminals can steal. Stay secure by following a few basic guidelines....more

Bitcoin and Bankruptcy: What You Need to Know about the Value of Bitcoin and Other Cryptocurrencies in Bankruptcy

It is hard to peruse the internet or even mainstream media outlets without hearing about bitcoin. What is this ubiquitous bitcoin? It depends on whom you ask....more

Governor Christie Signs Uniform Fiduciary Access to Digital Assets Act into Law

by Genova Burns LLC on

On September 13, 2017, Governor Chris Christie signed into law New Jersey Assembly Bill A-3433, otherwise known as the Uniform Fiduciary Access to Digital Assets Act (“UFADAA”). The Act becomes effective ninety days after the...more

SEC to ICO Players: Our Game, Our Rules

On July 25, 2017, the U.S. Securities and Exchange Commission (the “SEC”) published an investigative report (the “Report”) cautioning market participants that the offer and sale of digital assets such as “coins” or “tokens,”...more

Funds Talk: September 2017 - SEC Investigation Warns Digital Assets May Be Subject to Securities Laws

On July 25, the SEC released an investigative report warning that “virtual” organizations’ offers and sales of digital assets may be subject to the requirements of the Securities Act of 1933 and the Securities Exchange Act of...more

SEC Issues Guidance on Initial Coin Offerings and Digital Assets

by Holland & Knight LLP on

The U.S. Securities and Exchange Commission (SEC) on July 25, 2017, issued a "Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934: The DAO," weighing in on what are known as Initial Coin...more

SEC Statement on Treatment of Digital Assets under the Federal Securities Laws

by BakerHostetler on

The U.S. Securities and Exchange Commission has provided welcome guidance by publishing its most comprehensive statement to date on the treatment of digital assets – and the offer and sale of such assets by "virtual"...more

SEC Report Determines DAO Tokens, A Digital Asset, Were Securities

by King & Spalding on

On July 25, 2017, the U.S. Securities and Exchange Commission (“SEC”) released a Report of Investigation (“Report”) warning market participants that offers and sales of digital assets (“Tokens”) by “virtual” organizations...more

ICOs: Proceed With Caution

by Ifrah PLLC on

Yesterday, the Securities and Exchange Commission (“SEC”) issued an investor bulletin and an investigative report. The investigative report found that companies involved in sales of digital assets via distributed ledger or...more

You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?

by Farrell Fritz, P.C. on

E-mail is seemingly omnipresent. Day in and day out, we use it in our business, social, and personal affairs. Yet, the improvements to the technology associated with e-mail have far outpaced the development of the law...more

Yes, your 18-year-old does need estate planning!

by Thompson Coburn LLP on

A common misperception is that estate planning is only for the old or the wealthy. Often, estate planning becomes urgent, something done quickly due to an upcoming trip or in response to a health scare. Estate planning,...more

Nevada Enacts Multiple Laws Affecting Consumer Finance

by Ballard Spahr LLP on

Nevada is rolling out a slate of legislation affecting consumer finance, including a measure to protect consumers’ privacy online and programs aimed at mitigating their risk of foreclosure. Here is a list of measures recently...more

Legal Aspects of Smart Contract Applications - Digital Asset Sales and Capital Markets, Supply Chain Management, Land Registries,...

by Perkins Coie on

Smart contracts have received significant attention from legal academics and attorneys for the impact they may have on contract law and the role of lawyers. Some have also identified and described a series of use cases for...more

Digital Assets Bill Signed by Governor Branstad

by Davis Brown Law Firm on

Governor Branstad signed Senate File 333, the Iowa Uniform Fiduciary Access to Digital Assets Act, on April 20. This bill is an important tool in estate planning and trust and estate administration....more

Ohio’s New Laws Governing the Management of Digital Property After Death

by Reminger Co., LPA on

When Ohio House Bill 432 and Ohio Revised Code Chapter 2137 became effective on April 4, 2017, estate fiduciaries were given new tools for managing a decedent’s digital property....more

Privacy Perils: The Untimely Death of Digital Data

by Bass, Berry & Sims PLC on

Many people have thoughtfully gathered information on the location of their bank accounts, deeds, lock boxes, safe combination, car title (and keys), investment accounts, check books, and other assets to make handling their...more

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Cybersecurity

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