News & Analysis as of

Digital Assets Token Sales Initial Coin Offering (ICOs)

BakerHostetler

New U.S. Stablecoin Launches; U.S. Central Bank Addresses Crypto Activities; DOJ and SEC Enforcement Continues; Major Wallet...

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U.S. Fintech Firm Launches Stablecoin; Circle Launches ‘Programmable Wallets’ - A major U.S. fintech and payments firm recently announced the launch of a U.S. dollar-denominated stablecoin, PYUSD. According to a press...more

Polsinelli

Blockchain+ Bi-Weekly - June 2023 #2

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The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more

DarrowEverett LLP

Should Influencers Be Held Liable for the Promotion of Digital Assets?

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The world’s ever-changing technological landscape has led to the formation of new mediums of creativity — mediums that the sports and entertainment industry cannot ignore. Digital currencies, virtual universes, and enhanced...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - December 2022

This December issue of Crypto Link covers the significant developments surrounding FTX Trading Ltd. (FTX), including its bankruptcy filing and the charges against and arrest of its CEO, Samuel Bankman-Fried. In the midst of...more

Kramer Levin Naftalis & Frankel LLP

The SEC’s Limited Guidance on Crypto Tokens in No-Action Letters

The Securities and Exchange Commission (SEC or Commission) has been accused of “regulation by enforcement” when it comes to the standard for determining whether a crypto token is a security. Part of this stems from the fact...more

Sheppard Mullin Richter & Hampton LLP

Securities and Exchange Commission V. LBRY; Is Your Crypto Project Illegal?

While the crypto community is rightfully focused on the Ripple case to see how the SEC will fare in court on enforcements alleging cryptocurrency offerings are a security, a lesser-known case may provide clarity first. The...more

Proskauer - The Capital Commitment

Decentralized Finance: The Next Frontier of SEC Enforcement

The SEC’s push to regulate the next generation of blockchain-based applications will likely give rise to disputes and enforcement actions, particularly in the developing decentralized finance (DeFi) space....more

A&O Shearman

Two sides of a (Bit)coin

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How Indonesia’s regulatory framework is handling Crypto assets. Every business involved with crypto assets in the Indonesia market should be aware of regulatory and policy changes by the Indonesian regulators – the...more

Latham & Watkins LLP

New SEC Chairman Gives His First Speech on Crypto

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Gary Gensler asserts the SEC’s broad powers over digital assets, and puts consumer protection at the forefront. On August 3, 2021, Gary Gensler, chairman of the US Securities and Exchange Commission (SEC), gave a speech on...more

Jones Day

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

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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

WilmerHale

Split SEC Settles Touting Charges with ICO "Listing" Website

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On July 14, 2021, the US Securities and Exchange Commission (SEC or Commission) announced settled charges against Blotics, Ltd., f/d/b/a Coinschedule Ltd. (Coinschedule), the UK-based operator of Coinschedule.com, a...more

Proskauer - Blockchain and the Law

When is a Token More Than a Token? SEC Settlement over Anti-Touting Provision Raises Familiar Questions

On July 14, 2021, the Securities and Exchange Commission (“SEC”) settled an action against the operator of a platform that promoted current and upcoming digital token offerings for violations of the anti-touting provision of...more

BakerHostetler

Reports Address CBDCs, Security Tokens; NFT Sales Continue; Blockchain Initiatives Announced; Regulators Address Crypto; SEC...

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Reports Address CBDCs and Security Tokens, Banks Launch Crypto Initiatives - A recent report released by the Bank for International Settlements (BIS) analyzes results from a survey of 50 central banks in the first quarter of...more

Proskauer - Blockchain and the Law

NFTs Are Interesting but Fractionalized Non-Fungible Tokens (F-NFTs) May Present Even More Challenging Legal Issues

Except for the extensive coverage surrounding Coinbase’s IPO last week and the volatility in the price of cryptocurrencies, much of the air in the crypto space in the last few months has been taken up by the meteoric rise of...more

Mayer Brown Free Writings + Perspectives

SEC Division of Examinations Risk Alert: New SEC Leadership Continues Focus on Examinations Related to Digital Asset Securities

On February 26, 2021, the US Securities and Exchange Commission’s (“SEC”) Division of Examinations published a risk alert in connection with the offer, sale, and trading of digital assets that are securities. The risk alert...more

Mayer Brown Free Writings + Perspectives

SEC Examinations Division Issues Risk Alert Regarding Digital Assets

On February 26, 2021, the Division of Examinations (“Division”) of the US Securities and Exchange Commission (“SEC”) published a risk alert regarding its continued focus on digital assets (“Risk Alert”). The term “digital...more

Proskauer - The Capital Commitment

Three Critical Questions That Will (Hopefully) be Answered by the SEC’s Lawsuit against Ripple

Late last year, the SEC filed a litigated action in the U.S. District Court for the Southern District of New York against Ripple Labs Inc. and two of its executive officers (collectively, “Ripple”), alleging that Ripple...more

Polsinelli

Scrolling to the End SoluTech Sanctioned After Conducting Illegal Sale of Securities

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Late last month, SoluTech, Inc. and Nathan Pitruzello consented to a cease-and-desist order with the U.S. Securities and Exchange Commission (“SEC”).  From April 2018 through March 2019, SoluTech, a technology start-up...more

Carlton Fields

Recovery by ICO Token Investors May Be Challenged in Bankruptcy

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Bankruptcy courts may provide relief to debtors by discharging pre-petition obligations to repay existing debts owed to creditors, and claims by equity holders. Creditors who hold debt and investors who hold equity interests,...more

BakerHostetler

Recent Securities Class Actions Targeting ICOs Raise Variety of Complex Legal Issues

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On April 3, 2020, exactly one year after the Securities and Exchange Commission (SEC) issued its “Framework for ‘Investment Contracts’ Analysis of Digital Assets” (Framework), 11 class action lawsuits were filed in the...more

Womble Bond Dickinson

Can Purpose-Built Equipment Bring Blockchain Back as a Tech Solution?

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When was the last time you talked about blockchain? Maybe 18 months to 2 years ago when the world was new, Broadway was open, and blockchain was everywhere. And then it wasn’t. Blockchain didn’t leave us, its golden promise...more

BCLP

SAFTs in Telegram’s Wake

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The Simple Agreement for Future Tokens (“SAFT”) was once touted as a creative solution to execute “initial coin offerings” (“ICOs”) that did not violate federal securities laws. The two-step transaction contemplated by SAFTs...more

Polsinelli

Peircing the Decentralized Autonomous Organization Veil

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U.S. Securities and Exchange (SEC) Commissioner Hester Peirce, referred to by some as “crypto mom” for her support for blockchain technology and cryptocurrency, was nominated on June 3, to serve a five-year term. Peirce is...more

Perkins Coie

Blockchain Week in Review - February 2020 #3

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Weekly Focus: -ICO Issuer Settles SEC Registration Charges - IRS and Cryptocurrency Industry Groups to Meet Amid Agency Enforcement Push - Washington Blockchain Work Group Bill Passes State Senate - Brazilian Central...more

Polsinelli

BitBlog Bi-Weekly Update - March 2020

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Strikeout for Bitcoin ETF -   Another ETF bites the dust. On February 26th the SEC rejected the application of NYSE Acre for the approval of an exchange traded fund sponsored by the New York firm of Wilshire Phoenix to...more

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