News & Analysis as of

Digital Currency Securities and Exchange Commission (SEC) Non-Fungible Tokens (NFTs)

Sheppard Mullin Richter & Hampton LLP

NFTs and Securities Law Issues Are on the Rise – SEC Analysis Relies on Resale Royalties

Until fall 2023, there were few SEC enforcements or litigations involving securities issues with non-fungible tokens (“NFTs”). This has changed dramatically. In rapid succession last fall, the SEC undertook two enforcements...more

Sheppard Mullin Richter & Hampton LLP

NFT Legal Issues

This year, the SEC has ramped up its enforcement efforts against digital asset marketplaces for selling non-fungible tokens (“NFTs”) (and other digital assets) the agency alleges are securities. In response, some potential...more

Polsinelli

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: September 2024

Polsinelli on

In the last few weeks, decisions by regulatory agencies and courts overseeing cryptocurrency disputes have dominated the Web3 legal news. This can be expected to continue, even as Congress comes back from its August break, as...more

Polsinelli

Blockchain+ Bi-Weekly: August 2024

Polsinelli on

As the end of summer approaches, litigation in the digital asset industry has remained hot. In the SEC’s cases against various exchanges, ongoing discovery fights are starting to play out in court filings, and one can expect...more

BakerHostetler

Weekly Blockchain Blog - March 2024 #2

BakerHostetler on

Financial Institutions Add Bitcoin ETFs, Crypto Product Integrations Continue - According to recent reports, two major U.S. financial institutions have begun offering spot bitcoin exchange-traded funds (ETFs) to their...more

Cohen & Gresser LLP

Stoner Cats: Another Example of the SEC Targeting NFTs

Cohen & Gresser LLP on

On September 13, the U.S. Securities and Exchange Commission settled enforcement proceedings against the maker of the Stoner Cats web series arising from its sale of non-fungible tokens (NFTs), reflecting a significant...more

Brownstein Hyatt Farber Schreck

Artists and the SEC: A Bleak View for NFT Creators

Yesterday, in another blow to the viability of NFTs and crypto, the Securities and Exchange Commission (SEC) released a settlement with Stoner Cats 2, LLC, an NFT project designed to raise money to cover some production costs...more

Levenfeld Pearlstein, LLC

Who Owns Crypto Assets? Know the Risks

Until recently, the nature of ownership of assets on deposit with a third party was not controversial. If a local bank branch goes bankrupt, the cash or other assets deposited with the bank belonged to individual...more

Sheppard Mullin Richter & Hampton LLP

NFT Regulatory Issues – a 2022 Review and 2023 Preview

Despite the minimal regulatory enforcement actions against blockchain game companies and NFT issuers, now is NOT the time to become complacent about regulatory issues. As indicated below, many U.S. agencies are increasing...more

Woodruff Sawyer

NFTs Hit the Mainstream—And Risk Follows

Woodruff Sawyer on

Nonfungible tokens, or NFTs, burst into our collective imagination with the auctioning of Crypto Punks and Bored Ape Yacht Club illustrations in 2021. Initially minted and launched in April 2021, the NFTs quickly rose in...more

BakerHostetler

Crypto Products Launch; FSB, OECD Address Crypto Regulation and Tax; US Exchange Fined $24M; DOJ and SEC Actions Continue; Major...

BakerHostetler on

New Crypto Products Launch in Custody, Cloud Collaborations and Stablecoins - This week, a major U.S. financial institution announced that its Digital Asset Custody platform is now live in the United States. According to...more

Wiley Rein LLP

Crypto and Web3 Under Consumer Protection Scrutiny

Wiley Rein LLP on

In the world of crypto and Web3, a great deal of attention has focused on who is responsible for regulation and any sector-specific regulations that would follow: Are tokens securities, commodities, currencies, or something...more

BakerHostetler

Crypto and NFT Firms Make Announcements; Treasury Interprets Crypto Reports; Crypto Enforcement Actions by CFTC, SEC, IRS, DOJ and...

BakerHostetler on

Exchange Reaches Agreement to Sell Assets; New Crypto Products Launch - In a press release this week, Voyager Digital, a cryptocurrency exchange that recently filed for Chapter 11 bankruptcy, announced that it selected the...more

Jones Day

Digital Assets Defined: How Lummis-Gillibrand Will Shape the Coming Fintech Debate

Jones Day on

On June 7, 2022, U.S. Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) introduced the Responsible Financial Innovation Act (the "Bill"), which proposes a regulatory framework for digital assets across nine titles...more

Nelson Mullins Riley & Scarborough LLP

SEC’s Crypto Assets and Cyber Unit Expands Its Reach to Cryptomining

As recently discussed in FinTech Nostradamus, the SEC recently doubled the size of its Crypto Assets and Cyber Unit. Since its inception in 2017, the SEC’s Crypto Assets and Cyber Unit has launched more than 80 investigations...more

Cadwalader, Wickersham & Taft LLP

More Crypto Sheriffs from the SEC

The Securities and Exchange Commission ("SEC") has renamed and expanded a unit within its Division of Enforcement to address protection of investors in crypto markets. The “Crypto Assets and Cyber Unit,” which also has...more

Nelson Mullins Riley & Scarborough LLP

The Feds Double Down (Again): SEC Adds 20 Positions to Cryptocurrency Unit

The SEC announced on May 3, 2022 that 20 additional positions will be allocated to the Crypto Assets and Cyber Unit within the Division of Enforcement.  This increase in resources will nearly double the size of the unit (now...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

Nelson Mullins Riley & Scarborough LLP

Crypto Love is a Battlefield

The battle over blockchain technology and digital assets bears a striking resemblance to the debate over the potential of the internet in the mid-1990s. Where critics see a passing fad with little actual utility or a lawless...more

Amundsen Davis LLC

BlockFi Settlement: A New Era in Crypto Regulation?

Amundsen Davis LLC on

On February 14, 2022, BlockFi Lending LLC (BlockFi) settled charges with the SEC and state securities regulators for a total of $100 million in penalties. BlockFi was charged with a failure to register the offer and sales of...more

BakerHostetler

NFT Initiatives Launch, Congress Writes to CFTC on Crypto, SEC Charges ICO Fraud Scheme, GAO Addresses Crypto ATMs, Reports...

BakerHostetler on

From Music to Marketplaces: NFT Use Cases Continue to Expand - According to recent reports, a Philadelphia rapper has announced that the final installment of his mixtape series will drop as a non-fungible token (NFT). Details...more

BakerHostetler

CBDC Initiatives Announced, NFTs Expand Across Markets, Token and Wallet Applications Evolve, SEC and DOJ Target Crypto Fraud,...

BakerHostetler on

CBDC Initiatives Announced, Blockchain Trade Finance Platform Launches - This week, the Bank for International Settlements (BIS) announced Project Dunbar, an initiative in which BIS will collaborate with the Reserve Bank of...more

BakerHostetler

Cryptocurrency and NFT Market Growth Continues, Regulators Across Globe Target Crypto Industry as Threats Continue, Global...

BakerHostetler on

Crypto Market Develops in DeFi, Payments, Compliance and Consumer Adoption - A large institutional financial and media conglomerate recently announced a partnership with a major financial services and investment management...more

BakerHostetler

Cryptocurrency Payment Products and NFT Initiatives Launch, SEC Chairman Addresses Crypto, Pending Legislation Includes New Crypto...

BakerHostetler on

New Crypto Products Launch in Payment Cards, Gold and Sandwiches - Coinjar, an Australian cryptocurrency exchange, recently announced its launch of a payment card backed by a major U.S. credit card and financial services...more

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