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Jurisdiction Cryptocurrency

Polsinelli

Blockchain+ Bi-Weekly - March 2024 #2

Polsinelli on

It was a busy two weeks in Web3 law, as Binance lost in an appeal that could have wide-ranging jurisdictional implications outside of just digital assets. Coinbase also went on the offensive against the SEC in appealing the...more

Dechert LLP

2023 Developments in U.S. Securities Fraud Class Actions Against Non-U.S. Issuers

Dechert LLP on

In 2023, plaintiffs filed 33 securities class action lawsuits against non-U.S. issuers, down by one from the 34 filings in 2022. This number indicates a continued decline in non-U.S. issuer filings, since a recent high of 88...more

Dechert LLP

Cryptocurrency Securities Class Action Litigation 2023 Year Review

Dechert LLP on

The year 2023 witnessed a recovery in the cryptocurrency and digital assets market corresponding with fewer crypto-related securities class action litigation actions than in 2022. Despite this decrease, the nature of the...more

Jones Day

The Year In Bankruptcy: 2023

Jones Day on

One year ago, we wrote that 2022 would be remembered in the corporate bankruptcy world for the "crypto winter" that descended in November 2022 with the spectacular collapse of FTX Trading Ltd., Alameda Research, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

JPEX Is Test Case for Hong Kong’s New Regulatory Regime for Virtual Asset Exchanges

Hong Kong regulators recently brought criminal enforcement actions against virtual asset trading platform JPEX and individuals associated with the platform. This case has become the first opportunity for local authorities to...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

McGlinchey Stafford

Which came first: Forum selection clause or arbitration provision? SCOTUS to decide

McGlinchey Stafford on

For the second time in as many years, the Supreme Court of the United States has agreed to hear an appeal from a prominent cryptocurrency exchange regarding the enforceability of its arbitration clause in the exchange’s user...more

Jones Day

SEC Rebuked for Failing to Explain Why It Declined to Regulate a Financial Product

Jones Day on

The SEC's loss highlights a bigger problem with legislation that calls for sharing jurisdiction with the CFTC over financial products....more

K&L Gates LLP

Consumer Rights and Public Policy Prevent Recognition of Crypto US Arbitration Award in England

K&L Gates LLP on

If an online business thinks it is insulated from court proceedings by an arbitration clause in standard terms, the English Commercial Court decision in Payward Inc. v Chechetkin will give pause for thought, particularly...more

Kohn, Kohn & Colapinto LLP

SDNY Order Clouds the Water on SEC Crypto Jurisdiction

On July 13th, Judge Analisa Torres of the United States District Court for the Southern District of New York entered an order that was quickly celebrated by the crypto world (SEC v. Ripple Labs, Inc., No. 20CIV10832ATSN;...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Senate Crypto Bill Would Limit SEC Regulatory Role in Favor of CFTC

A bipartisan bill introduced in the U.S. Senate last week seeks “to bring crypto assets within the regulatory perimeter” by granting oversight responsibility to the Commodity Futures Trading Commission (CFTC) for most forms...more

Carlton Fields

Mark Cuban’s Cryptocurrency Conundrum: The Road to Filing Sanctions

Carlton Fields on

Selecting a named plaintiff in a putative class action can be one of the most important, but overlooked, decisions that a plaintiff’s counsel makes. Picking the wrong plaintiff can lead to delay, dismissal of claims, denial...more

Latham & Watkins LLP

New York Attorney General Proposes Stringent Crypto Bill

Latham & Watkins LLP on

The CRPTO Act is intended to increase transparency and consumer protections, and reduce conflicts of interest, through heightened disclosures and penalties. On May 5, 2023, New York Attorney General (NYAG) Letitia James...more

Morgan Lewis

Software Developers and Fiduciary Duties to Cryptocurrency Owners

Morgan Lewis on

Software developers should take note of a recent English Court of Appeal decision. According to the court, “If the decentralised governance of bitcoin really is a myth, then . . . there is much to be said for the submission...more

BCLP

Catch me if you can: How the English Courts are adapting to remain an effective jurisdiction to combat crypto fraud

BCLP on

The English courts have sought to lead the way in adjudicating crypto-related disputes and other technological matters in an international context. Recent decisions have demonstrated the English courts’ willingness to assist...more

Pillsbury Winthrop Shaw Pittman LLP

How Are Digital Assets Regulated in the United States and Elsewhere?

Continuing instability in the crypto sector highlights the need for clear regulation for efficient development, but how best to regulate is an ongoing debate. Recent instability in the crypto sector will only intensify the...more

SECIL Law

JURSIDICTION OVER CRYPTOCURRENCY - The U.S. Government’s Fraud Actions Against Samuel Bankman-Fried, FTX, and Alameda Research

SECIL Law on

The U.S. government’s criminal and civil actions against Samuel Bankman-Fried (“SBF”) reveal a novel coordination and collaboration among three government agencies and use of various jurisdictional bases and anti-fraud...more

Shearman & Sterling LLP

CFTC Delivers Notice to Ooki Via Chat Box: Important Legal Questions for DAOs

The United States District Court for the Northern District of California (the “Court”) recently held that a decentralized autonomous organization (DAO) could be served via its online forum. If upheld, this decision will have...more

Eversheds Sutherland (US) LLP

FTX files for Chapter 11 bankruptcy

On November 11, 2022, FTX, the world’s third-largest cryptocurrency exchange, filed for Chapter 11 bankruptcy protection in the United States. Reports suggest that the exchange might have a shortfall of as much as US$8...more

Akerman LLP

Crypto Customers Lose Anonymity in Celsius Chapter 11

Akerman LLP on

All crypto Celsius Network, LLC customers expecting and relying on anonymity should be concerned that their crypto transactions may become public. Recently, the Bankruptcy Court in the Celsius Network LLC chapter 11 case...more

Venable LLP

Treasury Doubles Up Enforcement Efforts Against Noncompliant Crypto Platforms

Venable LLP on

​​​​​​​The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) and Office of Foreign Assets Control (OFAC) announced yesterday that they had reached settlements for over $24 million and $29 million,...more

Mintz

Senate Bill Defines Bitcoin, Ether as Digital Commodities to be Regulated By CFTC

Mintz on

Following the announcement DOJ/SEC enforcement actions alleged insider trading against a former Coinbase employee, many cried foul at the perceived "regulation by enforcement." The SEC Complaint, alleged – for the first time...more

Proskauer - Blockchain and the Law

From Cryptic to (Some) Clarity: English Law and Policy Rising to the Challenge of Cryptoassets (Part 2)

In the first part of this series of articles, we examined the progress of English law to shape and build an infrastructure to support the development of a secure and certain environment for investment in digital assets. We...more

K&L Gates LLP

CFTC and SEC Perspectives on Cryptocurrency and Digital Assets – Volume I: A Jurisdictional Overview

K&L Gates LLP on

I. Introduction - The rise of cryptocurrencies and digital assets in the financial markets, including the investment management industry, has given rise to a crucial question: which federal regulator - the Securities and...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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