News & Analysis as of

Token Sales Non-Fungible Tokens (NFTs)

Latham & Watkins LLP

SEC Reels in Fishy NFT Project

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In its third action involving NFTs, the SEC targets a restaurant membership token tied to fundraising and promises of potential price appreciation for buyers....more

Polsinelli

Blockchain+ Bi-Weekly: August 2024

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As the end of summer approaches, litigation in the digital asset industry has remained hot. In the SEC’s cases against various exchanges, ongoing discovery fights are starting to play out in court filings, and one can expect...more

Polsinelli

Blockchain+ Bi-Weekly: June 2024

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Our last update included a whirlwind of activities, with the surprisingly bipartisan House of Representatives vote on FIT 21 and the SEC’s approval of certain Ether spot ETF rule change proposals coming in quick succession....more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Assessing the Benefits and Challenges of Tokenizing Real World Assets

The world of cryptocurrencies on blockchains and the world of traditional assets in markets have often stood in stark contrast to one another since Bitcoin’s creation in 2008. The lack of a reliable bridge between these two...more

Barnea Jaffa Lande & Co.

SEC Signals Intent to Regulate NFTs

Barnea Jaffa Lande & Co. on

This past August, the US Securities and Exchange Commission took enforcement action against Impact Theory, a US media company that sold NFTs called “KeyNFTs.” It filed a second enforcement action shortly thereafter, against...more

White & Case LLP

Consumer & Retail goes Phygital – are digital and physical assets converging?

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The Consumer & Retail Industry has been an early champion of the benefits of Web 3 concepts like NFTs (non-fungible tokens) and the metaverse, helping retailers to drive sales and growth and supercharge brand awareness. NFTs...more

A&O Shearman

SEC charges Impact Theory for unregistered offering of NFTs

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On August 28, 2023, the Securities and Exchange Commission (the “SEC”) charged Impact Theory, LLC (“Impact Theory”), a media and entertainment company headquartered in Los Angeles, with conducting an unregistered securities...more

BakerHostetler

NFT Used for Service of Process; Blockchain CO2 Monitoring Solution Launches; IRS Addresses Staking; SEC Enforcement Continues;...

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Federal District Court Enters Default Judgment Based on NFT Service of Process - A federal district court judge in Florida entered a $2.2 million default judgment against a defendant on whom the judge previously authorized...more

Allen Barron, Inc.

IRS and California Tax Issues Associated with Non-Fungible Tokens or NFTs

Allen Barron, Inc. on

What is a Non-Fungible Token or NFT and what are the IRS and California tax issues associated with Non-Fungible Tokens or NFTs which might apply to you?  NFTs are unique tokens based in and recorded within a blockchain that...more

SECIL Law

Deconstructing The SEC’S Cryptocurrency Suppression Program - Part 6: Why Cryptocurrency Companies Are Unable To Comply With...

SECIL Law on

INTRODUCTION- This article is the sixth in a series that explains how the SEC has structured a campaign to suppress and eradicate cryptocurrency and digital tokens, why the SEC lacks jurisdiction over creators of...more

BakerHostetler

Crypto Payment Products, DeFi Networks and Price Indices Launch; CBDC Report and NFT Royalty Data Published; FinCEN, FTC Address...

BakerHostetler on

Payments Firms Launch Crypto Products, New DeFi Price Indices Announced - A U.S. fintech company recently announced the launch of a fiat-to-crypto on-ramp, which facilitates fiat-to-crypto payments using “a customizable...more

Lowenstein Sandler LLP

From Station Wagon to Lamborghini: One CypherPunk’s Journey from Cryptoanarchy to Solana Cross-Chain NFT Innovations

In this episode of Crypto Innovators, co-hosts Eric Swartz, senior counsel and Vice Chair of Lowenstein Crypto, and Leah Satlin, counsel in Lowenstein’s Tech Group, talk to self-described CypherPunk Zach Silva, head of...more

Lowenstein Sandler LLP

Wax Studios

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In this episode of Crypto Innovators, hosts Eric Swartz and Leah Satlin talk to David Kim of Wax Studios about metaverse tokenomics and incentives as well as the ways blockchain technology facilitates a legitimate and...more

Cadwalader, Wickersham & Taft LLP

In Depth: Regulation and Enforcement of the Digital Assets Markets, Part Two – Focus on Enforcement

In last week's Cabinet News and Views, we examined the U.S. regulators' approach to the digital asset space, with a focus on the assertion of jurisdiction by the CFTC, the SEC, prudential regulators, state executive and...more

Dechert LLP

Countdown to MiCA: The EU’s cryptoassets regulation

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On 30 June 2022, the European Council (Council) and the European Parliament (Parliament), announced that they had reached a provisional agreement on the proposal for regulation on markets in cryptoassets (MiCA), which covers...more

The Rodman Law Group, LLC

Investor Psychology in the Current Bear Market

Financial analyst Howard Marks recently spoke with Professor Patrick Schotanus to discuss current market trends and the psychology behind them. During downturns of the market such as the current one, many often wonder how to...more

Holland & Knight LLP

Let's Talk Cryptocurrencies and "Digital Assets": A Primer for Trust and Estate Lawyers

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By now, nearly everyone knows that cryptocurrency is digital money and cryptocurrency transactions are recorded in secure digital ledgers known as blockchains. But that doesn't even scratch the surface of this robust...more

J.S. Held

Decrypting Coinbase Accounts: A Guide for Forensic Analysts

J.S. Held on

As cryptocurrencies become more mainstream, it is vital for forensic analysts to understand and analyze digital currency data. Forensic analysts are increasingly being brought in to trace and help recover crypto assets in...more

Akin Gump Strauss Hauer & Feld LLP

SEC Ramp Up Means Increased Enforcement Coming to Crypto Platforms, DeFi Exchanges and NFTs

On May 3, the Securities and Exchange Commission (SEC) announced that it was nearly doubling the size of the Enforcement Division’s Crypto Assets and Cyber Unit in order to pursue cases involving crypto asset offerings,...more

Cranfill Sumner LLP

SEC Doubles-Down on Cryptocurrency Regulation With Increased Staffing and Resources for Specialized Enforcement Unit

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Few investors made it through 2021 and 2022 without learning of, discussing, or perhaps purchasing, cryptocurrency or other blockchain assets, and the federal agency responsible for regulating the securities industry has...more

Proskauer - Blockchain and the Law

SEC to Hire More Staff in Crypto Assets and Cyber Unit and Ratchet Up Scrutiny of Industry

The Securities and Exchange Commission (SEC) announced yesterday that it would hire 20 additional positions to the Crypto Assets and Cyber Unit (formerly known as the Cyber Unit) within the Division of Enforcement, increasing...more

Sheppard Mullin Richter & Hampton LLP

April 2022 Crypto Enforcement Actions And Regulatory Guidance Roundup

In April, we continued to see a steady pace in the seriousness and frequency of crypto enforcement actions by state and federal law enforcement.  (See our March 2022 Crypto Enforcement Actions Roundup blog here where we...more

Holland & Knight LLP

Avoiding Sticky Situations with Web3: DOJ, SEC Scrutiny of NFT and DeFi Projects Expected to Continue

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Web3 is a term with a shifting, amorphous definition. In its current form, Web3 encompasses both decentralized platforms and the metaverse. Decentralized platforms offer services and assets that use distributed ledger...more

Pillsbury - Gravel2Gavel Construction & Real...

Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

The Metaverse is an immersive world combining virtual reality and augmented reality, where users are represented by avatars and roam virtual spaces. It comprises a variety of platforms and environments that can be explored,...more

Venable LLP

“Are You Guys Into Crypto????”: Celebrities Promoting Cryptocurrencies Become Class Action Targets

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A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any...more

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