Popular, Peer-to-Peer

OCC Risk Perspective Report Focuses on Third-Party Relationships with Fintechs

Ballard Spahr LLP on 12/15/2023

In its Fall 2023 Semiannual Risk Perspective, published on December 7, the Office of the Comptroller of the Currency (“OCC”) reported on key issues facing the federal banking system. In evaluating the overall soundness of...more

Part I: NFT Lending — Legal Issues Involving Secured Transactions under the UCC, Pre- and Post-Article 9 and 12 Amendments

Proskauer - Blockchain and the Law on 11/15/2023

Despite the protracted crypto bear market, innovators in non-fungible tokens (“NFTs”) are hard at work. Gone are the days when NFTs were merely profile pictures (“PFPs”) displayed on a pseudonymous social media account or...more

Global Legal Insights Fintech 2023: BVI

Walkers on 9/13/2023

Approaches and developments - The government of the British Virgin Islands (“BVI”) and the BVI Financial Services Commission (“FSC”) – the principal financial services regulator – have progressed important initiatives in...more

Standard Computer Equipment Can Support Inventive Concept under Alice Step 2

McDermott Will & Emery on 10/6/2022

The US Court of Appeals for the Federal Circuit overturned a district court dismissal of a patent case for errors in analyzing the claims’ patent eligibility under Alice. The Court found that regardless of whether the claimed...more

Emerging Financial Crime Trends, Payment Fraud, and Risk Mitigation: How Banks Can Be Prepared

Morgan Lewis on 9/27/2022

Consumers’ worldwide adoption of instant, contactless transactions has provided an opportunity for some to take advantage of loopholes and weaknesses in digital systems. Peer-to-peer (P2P) payments fraud, synthetic...more

Connecticut Stops FinTech from Unlicensed Lending Activities

Sheppard Mullin Richter & Hampton LLP on 6/8/2022

On May 4, the Connecticut Department of Banking issued a temporary cease and desist order directing a peer-to-peer lending platform that connected borrowers with third-party lenders to cease its lending-related activities on...more

Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?

Fox Rothschild LLP on 3/14/2022

I read an interesting article by Justin Brown and Lisa Schreter of Littler Mendelson about the usage of cryptocurrency as a way of paying employees. As if those of us who advise management did not have enough headaches, this...more

A One-Way Rachet: FATF Regulation of Cryptocurrency and Decentralized Finance

King & Spalding on 11/23/2021

As cryptocurrency, decentralized finance (DeFi), and other uses of blockchain technology continue to proliferate, global regulators are grappling with how best to regulate their use. We have previously written about the...more

First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO.

Dorsey & Whitney LLP on 10/5/2021

What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your...more

Cryptocurrency: An Evolving Market Still in its Infancy and Where it Stands Today

Woods Rogers on 6/2/2021

Bitcoin was first introduced in a 2009 white paper, Bitcoin: A Peer-to-Peer Electronic Cash System. Since then, cryptocurrencies, also known as virtual or digital currencies, have exploded, with thousands of different types...more

The Anti-Money Laundering Act and Crypto Collide: Non-Fungible Tokens

King & Spalding on 5/19/2021

As NFTs gain popularity, buyers and sellers should consider the potential issues related to federal anti-money laundering laws. While non-fungible tokens (“NFTs”) have existed for several years, the market for NFTs grew...more

FinCEN Proposes Crypto Reporting and Recordkeeping Requirements

Morgan Lewis on 1/20/2021

Recently proposed regulations could present significant compliance burdens for the banks and money service businesses that engage in cryptocurrency transactions with unhosted wallets or wallets held in jurisdictions specified...more

FinCEN Issues Human Trafficking Advisory (Part II of II)

The Volkov Law Group on 11/17/2020

Human traffickers, like all criminals, rely on the international financial system to facilitate their crimes and to disguise proceeds from their illegal activities. Traffickers open bank accounts to deposit and launder...more

Take the Money and Run - Bitcoin Transfers (even within the same state) Provide Basis for Federal Jurisdiction in Money Laundering...

Polsinelli on 4/25/2020

Earlier this month, the Ninth Circuit Court of Appeals affirmed the money laundering convictions of Thomas Costanzo, a bitcoin broker. According to Costanzo, the bitcoin transfers at issue, which originated from and were...more

IRS Issues Long-Awaited Cryptocurrency Guidance in Revenue Ruling 2019-24 and New FAQs

Fenwick & West LLP on 10/14/2019

On October 9, 2019, the IRS released Revenue Ruling 2019-24, which provides guidance with respect to hard forks and airdrops of cryptocurrency, and new frequently asked questions (FAQs), which provide guidance on other...more

UK Regulator Publishes Policy Statement on Peer-To-Peer and Investment-Based Crowdfunding Platforms

A&O Shearman on 6/17/2019

The U.K. Financial Conduct Authority has published a Policy Statement containing its final changes to the rules and guidance governing loan-based crowdfunding platforms (or "peer-to-peer" platforms). The Policy Statement...more

The Intersection Between Technology and Retail: The Use of Blockchain Technology in Tracking Supply Chains

Goulston & Storrs PC on 5/9/2019

In the past few years, many industries have poured resources into exploring how they can use blockchain to grow. The retail industry is no exception. ...more

Privacy Tip #188 – Home Security Camera Vulnerabilities

Robinson+Cole Data Privacy + Security Insider on 5/3/2019

I attended a meeting of cybersecurity professionals recently and overheard several of them talking about their new security cameras and how great it is to see everyone who comes up the driveway and to the front door, and...more

Blockchain Energizer – Volume 32

K&L Gates LLP on 7/27/2018

There is a lot of buzz around blockchain technology and its potential to revolutionize a wide range of industries from finance and health care to real estate and supply chain management. Many institutions and companies are...more

Blockchain in Energy – Where Do We Stand? Where Do We Go From Here?

Mintz - Energy & Sustainability Viewpoints on 3/16/2018

For all the publicity generated by the recent increase in value of Bitcoin, as well as the generally increasing awareness of the existence of blockchain technology, the recent Blockchain in Energy Forum 2018 held in New York...more

PropTech: Exploring the future impact of tokenization, smart contracts, and blockchain on the commercial real estate industry

Hogan Lovells on 2/20/2018

Historically commercial real estate was stuck in the Stone Age. Traditionally, ownership and encumbrancing regarding the properties have been kept in paper formats — some of which may or may not be publicly available....more

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