News & Analysis as of May 11, 2025

Cryptocurrency

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: May 8, 2025

Polsinelli on 5/8/2025

As the Polsinelli Blockchain+ team gears up for Consensus 2025 next week in Toronto — where Stephen Rutenberg, Daniel McAvoy and Jonathan Schmalfeld will be attending — the regulatory momentum in Washington appears to be...more

The Tornado Cash Delisting And Sanctions Compliance Implications For Crypto

K2 Integrity on 3/25/2025

On 21 March 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) removed Tornado Cash, a virtual currency mixer, from its list of Specially Designated Nationals and Blocked Persons (SDN List),...more

CryptoLink - December 2024 Updates

Akin Gump Strauss Hauer & Feld LLP on 1/14/2025

CryptoLink is a compilation of news stories published by outside organizations. Akin aggregates the stories, but the information contained in them does not necessarily represent the beliefs or opinions of the firm. Akin's...more

An "Immutable" Force Meets an Immovable Object: OFAC's Crypto Loss at the Fifth Circuit

Bracewell LLP on 12/19/2024

On November 26, 2024, the US Court of Appeals for the Fifth Circuit ruled that “immutable” smart contracts are not “property” for purposes of regulation by the US Department of the Treasury’s Office of Foreign Assets Control...more

2024 Post-Election Analysis

Mintz - ML Strategies on 11/11/2024

Following a hotly contested election, Donald Trump is once again the president-elect and will return to the White House on January 20, 2025. He will do so with a dominant electoral college win, potentially a win of the...more

SEC Enforcement of Cryptocurrency Reaches a New High

Cornerstone Research on 1/26/2024

More than 50% increase in SEC cryptocurrency-related enforcement actions in 2023 over 2022. The Securities and Exchange Commission (SEC) continues to view cryptocurrency-related enforcement as a top priority, bringing 46...more

Understanding the Crypto Ripple Effect

Ankura on 10/16/2023

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

Split Court Decision on Whether a Token Is a Security in SEC v. Ripple Labs

Akin Gump Strauss Hauer & Feld LLP on 7/19/2023

Key Points - A judge in the Southern District of New York recently held that (i) the crypto asset XRP is not, on its own, a security and, (ii) as a result, the determination of whether an offer or sale of XRP required SEC...more

Coinbase Contests the SEC’s Regulatory Authority over Crypto Exchanges, Staking

Pillsbury Winthrop Shaw Pittman LLP on 7/6/2023

Arguments presented by Coinbase in its answer to SEC charges would, if accepted, potentially deprive the SEC of its most effective tool in regulating digital assets. The SEC alleges in a Complaint in SDNY that Coinbase...more

Cryptocurrency Companies Should Expect More SEC Enforcement in the Near Future

Amundsen Davis LLC on 3/29/2023

The Securities and Exchange Commission (SEC) has been increasing its enforcement actions against cryptocurrency companies and individuals in recent years. In 2022, the SEC brought 24 litigation actions in federal courts and 6...more

SEC Approach In Wahi Presents New Challenges For Crypto

Proskauer Rose LLP on 3/15/2023

Government scrutiny of the crypto market has been sharply increasing in recent months on the criminal and civil enforcement fronts. In parallel proceedings that will be seen in other digital asset contexts — as in the...more

Cryptocurrency Regulations and How They May Impact Private Investment Funds

White and Williams LLP on 7/7/2022

Over the last five years, decentralized finance (DeFi), especially cryptocurrencies and other digital assets are a space that continues to grow at an exponential rate, not only for retail investors but also for private...more

Comparing Apples To Orange [Groves]: How The SEC Defines Digital Assets As Securities

UB Greensfelder LLP on 9/14/2021

In any classic securities regulation textbook, you’ll be sure to find a chapter called “Definition of a Security.” Besides your typical bonds and stocks, which are easily identifiable as securities, the most infamous (and a...more

Is SEC “Regulation by Enforcement” for the Digital Asset Industry Next Up?

Faegre Drinker Biddle & Reath LLP on 8/20/2021

Cryptocurrencies are one of the fastest growing asset types worldwide. Cryptocurrencies, as an asset class, total over $1.5 trillion in market capitalization. With the rapid growth of this asset type, SEC Chair Gary Gensler...more

The SEC in 2019: Doing More With Less

Faegre Drinker Biddle & Reath LLP on 11/18/2019

Facing a 35-day government shutdown and new restrictions on the ability to recover disgorgement, it would be perfectly understandable if the SEC’s Division of Enforcement suffered a lackluster year. Nevertheless, according to...more

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Supreme Court of the United States › Digital Assets › Cryptocurrency

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