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Alston & Bird

Structured Finance Spectrum - Summer 2024

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Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures....more

Cadwalader, Wickersham & Taft LLP

A New Age of PerFFFection June 2024 - Potential Impact of UCC Article 12 on Fund Finance Transactions

At the bottom of the stack in investment fund structures, there are generally “real” assets—things like equity interests in portfolio companies, mortgage loans, commercial receivables, maybe even bricks and mortar. Fund...more

Mayer Brown

SEC Approves Listings of Spot Ether ETFs: Waiting is the Hardest Part

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On May 23, 2024, the Staff of the Securities and Exchange Commission’s Division of Trading and Markets (the “SEC”) approved rule changes (so-called “19b-4 forms”) permitting the listing and trading of eight separate...more

WilmerHale

Binance Ruling Spotlights Muddled Post-Morrison Landscape

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The March decision in Williams v. Binance from the U.S. Court of Appeals for the Second Circuit marks the latest chapter in the judiciary's struggle to apply the U.S. Supreme Court's 2010 decision in Morrison v. National...more

BakerHostetler

Weekly Blockchain Blog - April 2024 #4

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Stablecoin, Wallet Products Launch; German Bank Launches Crypto Services - Circle, a global fintech firm and issuer of the USDC stablecoin, has announced new smart contract functionality to allow holders of BUIDL, a...more

Mayer Brown

Three-Body Problem: Challenges and Considerations for a First-of-Its-Kind Triple-Token Merger

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Token holders for three different decentralized protocols have recently proposed a first-of-its-kind merger of tokens that would create an “Artificial Superintelligence Alliance” (“Alliance”) with a single token and a new,...more

Seward & Kissel LLP

Leash the Kraken: SEC Sues Kraken

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On November 20, 2023, the SEC filed a complaint in the United States District Court for the Northern District of California against Payward, Inc. and Payward Ventures, Inc. which, together, do business as Kraken. The...more

Ankura

Understanding the Crypto Ripple Effect

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On July 13, 2023, the Court ruled in partial favor of Ripple Labs Inc.’s argument that many of its XRP sales did not violate investor-protection laws. The ruling has sent the crypto world ablaze with speculation on the future...more

Allen Barron, Inc.

The New IRS Tax Implications of Crypto Staking

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What is the concept of “staking” in terms of cryptocurrency assets and what are the new IRS tax implications of crypto staking for US Taxpayers who invest in cryptocurrencies?  The concept of staking requires a general...more

Seward & Kissel LLP

Herding a Bunch of Stoned Cats

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On Sept 13, 2023, for its second non-fungible token (NFT) related enforcement action, the SEC issued a settled Order against Stoner Cats 2, LLC (“SC2”) for SC2’s offer and sale of 10,320 NFTs linked to images of characters...more

A&O Shearman

DeFi protocol Uniswap and investors avoid suit for fraudulent activity on digital asset exchange

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On August 30, 2023, in a case of first impression, the U.S. District Court for the Southern District of New York dismissed in full a putative securities class action against Uniswap Labs, a decentralized finance (“DeFi”)...more

Foley & Lardner LLP

Blockchain Tech's Role as Driver of M&A Action Evolves

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The landscape of mergers and acquisitions is undergoing a seismic shift powered by the adoption of distributed ledger and other blockchain derivative technology across industries. Recent challenges in the cryptocurrency...more

Lowenstein Sandler LLP

From Operator to Investor: How One General Partner Selects Her Investment Vehicles

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In this episode of “Crypto Innovators,” Lowenstein Crypto’s Frank Eucalitto speaks with Aubrie Pagano, general partner at Alpaca VC, about her journey from operator to investor. Pagano discusses how her lived experience as a...more

Proskauer - Corporate Defense and Disputes

The Ripple Effect: Implications of the SEC’s Partial Loss in SEC v. Ripple Labs Inc.

The SEC suffered a significant loss last week in its ongoing legal battle with Ripple over the XRP digital token. While the District Court held that Ripple’s initial sales of XRP to institutional investors constituted the...more

Lowenstein Sandler LLP

Portfolio Investments in Web3: A Discussion with Collider Founder Adam Benayoun

In this episode of “Crypto Innovators,” Adam Benayoun talks about his journey from entrepreneur to angel investor to founding partner of Collider Ventures, which invests in Web3 focused companies across such sectors as...more

K2 Integrity

Crypto in a Time of Uncertainty

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On 07 June 2023, K2 Integrity hosted a webinar on the state of cryptocurrency and digital assets in a rapidly evolving regulatory landscape. A discussion was held with Bryan Stirewalt, senior managing director at K2...more

White & Case LLP

Five things you need to know about… investing in Web 3.0

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Despite the recent market turbulence for cryptocurrencies and associated high profile scandals, investment in Web 3.0 assets continues as investors look to take advantage of depressed valuations and corporations continue to...more

Manatt, Phelps & Phillips, LLP

Kraken Crypto Staking Program for U.S. Investors Shut Down in Aggressive Expansion of the Howey Test

Payward Ventures, Inc., d/b/a Kraken, the cryptocurrency exchange, has entered into a $30 million settlement agreement with the U.S. Securities and Exchange Commission (SEC) over allegations the company failed to register its...more

Shipkevich PLLC

Kraken Agrees to Settlement with SEC Including $30 Million Penalty

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As of February 9, 2023, the Securities and Exchange Commission (SEC) has accused Payward Ventures, Inc. and Payward Trading Ltd, better known as Kraken, of failing to register the sale of their cryptocurrency...more

Tonkon Torp LLP

SEC Scores a Win in Securities Case Against LBRY

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If the ongoing fallout from the collapse of offshore cryptocurrency exchange, FTX, and now BlockFi wasn’t enough, crypto investors also lost a significant battle last month in the U.S. District Court of New Hampshire....more

Proskauer - Blockchain and the Law

In Response to the White House’s Executive Order, FSOC Releases Digital Asset Stability Report with Legislative Recommendations

On October 3, 2022, the Financial Stability Oversight Council (“FSOC”) – a collaborative body formed under the Dodd-Frank Act composed of state and federal regulators and tasked with identifying risks and responding to...more

Ankura

ETH's Merge - What's It All About?

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The blockchain underpinning the ether cryptocurrency has just been made more energy-efficient, secure, and scalable. Ethereum, the blockchain that powers the ether (ETH) cryptocurrency, has upgraded its system in a move...more

Conyers

Inclusiveness vs Volatility: The Impact of Crypto and Blockchain Technology on Business

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There are widely varying opinions on blockchain and cryptocurrency. Corporate and TMT expert Nicholas Kuria recently spoke to Africa Legal about the impacts of the technology on business, nations and lawyers. Originally...more

Perkins Coie

2022 Summer Sustainability Series: A Look Back

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Last week we observed the first day of fall, offering an opportunity to look back at the summer that was. Summer 2022 was marked by continued supply chain disruptions; inflation; and acceleration of environmental, social, and...more

Kelley Drye & Warren LLP

The Crypto Weekly - September 2022 Issue #2

The below articles and industry developments have been identified by Kelley Drye and Warren’s Blockchain and Cryptocurrency practice group as relevant during the week of September 7 – September 13. We hope you find this...more

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