News & Analysis as of

Distributed Ledger Technology (DLT)

AEON Law

Patent Poetry: The Evolving Intersections between NFTs and IP Rights

AEON Law on

As we’ve explained before, a Non-Fungible Token (NFT) isn’t a form of intellectual property (IP). Instead, it’s more like a receipt for a unique item of IP, to show that you own it – like a pink slip for a car or the deed to...more

Stinson - Corporate & Securities Law Blog

SEC Charges Issuer with Failure to Disclose Source of Revenue Growth

The SEC announced settled charges against technology company NVIDIA Corporation for inadequate disclosures concerning the impact of cryptomining on the company’s gaming business. - The SEC’s order finds that, during...more

Weiner Brodsky Kider PC

FDIC Announces Notice Requirement for “Crypto-Related Activities”

The FDIC recently announced, via Financial Institution Letter 16-2022 (FIL-16-2022), that FDIC- supervised institutions must notify the FDIC if they intend to engage in, or are currently engaged in, activities relating to...more

Allen & Overy LLP

What the FCA’s Business Plan and Strategy really means: digital markets

Allen & Overy LLP on

The UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) recently published their Business Plans for 2022/23. The FCA also published a three-year strategy. But what does it really mean for firms? ...more

Hogan Lovells

Global Payments Newsletter, April 2022

Hogan Lovells on

Key developments of interest over the last month include: HM Treasury announces package of crypto measures including next steps on UK regulatory approach to cryptoassets, stablecoins and DLT in financial markets; Philippines...more

Troutman Pepper

Digital Asset Federal Legislation and Regulatory Developments: Wrap Up of First Quarter 2022

Troutman Pepper on

Several recent releases of draft legislation, reports, and speeches highlight the federal government's efforts in the first quarter of 2022 to address the rapidly developing digital asset marketplace and its regulatory...more

Cadwalader, Wickersham & Taft LLP

FDIC Weighs In on Crypto Activities

Last week, the FDIC issued a Financial Institution Letter (“FIL”) related to crypto activities, following in some ways in the footsteps of the OCC in requiring notice to the regulator before engaging in crypto-related...more

Alston & Bird

UK Treasury Moves Forward with Plans to Regulate Stablecoins for Payments

Alston & Bird on

Our Financial Services & Products London Team examines the UK’s foray into the regulation of cryptoassets in its effort to be ‘a global hub’ for crypto-companies....more

Dentons

IP rights at the interface of Artificial Intelligence and NFTs: The good, the bad, the smart

Dentons on

In 2021, Collins Dictionary named “NFT,” the abbreviation for non-fungible token, its word of the year. In 2017, the US-based Association of National Advertisers named AI (artificial intelligence) its marketing word of the...more

Cadwalader, Wickersham & Taft LLP

The UK’s Plan to Become a Global Crypto Hub

On April 4, 2022, the UK government announced plans to become a “global hub” for the cryptoasset industry with proposals for the regulation of stablecoins, development of an NFT (non-fungible token) issued by the Royal Mint,...more

Cohen & Gresser LLP

Post-Brexit UK: Open for (Crypto) Business?

Cohen & Gresser LLP on

The UK’s HM Treasury published its response to last year’s consultation on the UK regulatory approach to cryptoassets, stablecoins, and distributed ledger technology (“DLT”) in financial markets on the 4th of April 2022. ...more

BakerHostetler

New Crypto Payment Initiatives; Regulators Address Crypto in Speeches; Lawmakers Propose Legislation; OFAC Sanctions Crypto...

BakerHostetler on

Crypto Payment Initiatives Announced in Stablecoins, Lightning Network, Mining - Late last week, the issuer of USD Coin (USDC) announced that it had selected a major U.S. bank as a primary custodian for USDC reserves....more

Gray Reed

Cryptocurrency: The Basics of Tax Treatment and Recognition

Gray Reed on

Cryptocurrencies might, simplistically, be defined as virtual currencies that use cryptography to secure transactions which are digitally recorded on a widely distributed ledger.  The ledger technology uses independent...more

Morgan Lewis

Biden-Harris Administration Takes On Digital Asset Regulation

Morgan Lewis on

US President Joseph Biden’s recent executive order outlines the administration’s first take on regulating the digital asset industry, which includes cryptocurrency and non-fungible tokens. The order lays out six policy...more

Dentons

The Metaverse: Personal property security in digital assets

Dentons on

The Metaverse is a far reaching concept being discussed in many different spheres of business. However, much confusion still exists in the lending, borrowing and insolvency spaces as to “what is the Metaverse?” and what are...more

Womble Bond Dickinson

SEC Proposes to Redefine “Exchange” - New Definition Could Subject Blockchain Crypto Platforms to SEC Regulation

Womble Bond Dickinson on

The Securities and Exchange Commission (“SEC” or “Commission”) has released a proposal to amend Exchange Act Rule 3b-16, Regulation ATS, and Regulation SCI. Criticized by SEC Commissioner Hester Peirce as “too wide-ranging”...more

Goldberg Segalla

Crypto: A Virtual Currency with Real-Life Energy Consequences

Goldberg Segalla on

Although only 16% of Americans have personally invested in or exchanged cryptocurrencies, the ever-increasing use of this virtual currency in the U.S. will have very real ramifications for virtually all Americans. Arguably,...more

Fisher Phillips

Public vs. Private Blockchains: 3 Considerations to Help Businesses and Employers Decide the Best Option

Fisher Phillips on

As cryptocurrency continues to enter the mainstream, many businesses and employers are trying to understand how to implement blockchain technology at their organizations – and one of the most important choices they’ll have to...more

McGuireWoods LLP

Blockchain, Cryptocurrency and Non-fungible Token Litigation Primer: A Look at McKimmy v. OpenSea

McGuireWoods LLP on

Since 2020, the market for non-fungible tokens (NFTs) has grown rapidly. NFTs are units of data stored in a distributed ledger that represent unique collectibles, artwork or other property and can be sold and traded. (For a...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

Cadwalader, Wickersham & Taft LLP

UK Revenue Guidance on Cryptoasset Lending and Staking Using Decentralised Finance

In early February, HMRC published a new chapter in its Cryptoassets Manual dealing with decentralised finance (“DeFi”). DeFi is an umbrella term encompassing a range of products which are comparable with traditional financial...more

Orrick - On the Chain

Proof-of-Stake Rewards: Payment for Services or a Baked Cake?

Orrick - On the Chain on

Against the backdrop of rapidly evolving blockchain technology, the IRS has oftentimes been slow to update its related tax guidance, leaving participants in the blockchain ecosystem uncertain about their tax obligations....more

K&L Gates LLP

Luxembourg Financial Services Regulator CSSF Issues White Paper On Distributed Ledger Technology - DLT Financial Instruments on...

K&L Gates LLP on

In the context of enhanced interest in digital financial services technologies, Luxembourg’s financial sector regulator (the CSSF) has recently published a white paper named “Distributed Ledger Technologies & Blockchain –...more

Burr & Forman

SEC Proposes T+1 Settlement: Back to the Future

Burr & Forman on

In the 1920s, Wall Street cleared and settled trades by the end of the day after the trade instruction (“T+1”). Over the years, that cycle bloated to T+4, to T+3 in 1993, and then T+2 in 2017. Last week, the SEC proposed to...more

Morgan Lewis - Tech & Sourcing

NFTs: Key Considerations for Rights Clearance

Non-fungible tokens (NFTs) have exploded in popularity over the past year. Use cases for NFTs have been growing as more industries are realizing the benefits they present. A report by blockchain specialist Chainalysis found...more

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