News & Analysis as of

Asset Tokens

BakerHostetler

Weekly Blockchain Blog - September 2024 #4

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Payments Firms Launch Crypto Products, New Crypto Adoption Data Published - According to a recent press release, a well-known U.S. payments and financial technology company announced that it will allow its United States...more

Latham & Watkins LLP

Hong Kong Court Compels Disclosure in Novel Crypto Case Involving DAO

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The case involves substantive litigation that could yield important legal principles for the treatment of decentralised projects. Decentralised autonomous organisations (DAO) are unique structures that operate...more

BakerHostetler

Weekly Blockchain Blog - August 2024 #4

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Financial Firms Announce Crypto Initiatives, Stablecoin Growth Continues - A major U.S. crypto investment company recently announced the launch of its Avalanche Trust, which “offers investors the opportunity to gain...more

BakerHostetler

Weekly Blockchain Blog with Client Alert - August 2024 #2

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Crypto Offerings Launch by Major Investment Bank, Asset Manager and Insurer - According to a recent report, a major multinational investment bank and financial services firm is now allowing its investment advisors to pitch...more

A&O Shearman

Joint EU Guidelines on Suitability of Management Body Members and Shareholders for Entities Under the Markets in Crypto-Assets...

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The European Banking Authority and European Securities and Markets Authority have published joint guidelines on the suitability of members of the management body, and on the assessment of shareholders and members with...more

Goodwin

Are You Ready for MiCA Implementation?

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On June 30, 2024, the new Markets in Crypto-assets (MiCA) regulation, which affects stablecoins in the European Union, went into effect. This client alert outlines the critical obligations and considerations for stablecoin...more

Dechert LLP

MiCA Phase 1: ARTs and EMTs (Incl. Stablecoins) Need EU Authorization

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The first phase of the Markets in Crypto-Assets Regulation (MiCA) applies from 30 June 2024. Issuers of asset-reference tokens (ARTs) must be authorized in the EU, which includes submitting a detailed application and...more

Fenwick & West LLP

Tokenized Real-World Assets: Pathways to SEC Registration

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Demand for tokenized real-world assets (RWAs) is rapidly growing across the decentralized finance (DeFi) community, with growing interest among existing crypto-native participants and across the traditional finance industry...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

Seward & Kissel LLP

Greenbook Tax Proposals

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Tax reform, like spring, is in the air. The Biden Administration recently released its fiscal year 2025 revenue proposals, known as the annual “Greenbook.” The Greenbook’s 250+ pages of tax reforms include six potential...more

Latham & Watkins LLP

Hong Kong Consults on Proposed Regulations to Prudential Treatment of Cryptoasset Exposures

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Implementation of Basel Committee cryptoassets standard to provide additional clarity for banks looking to engage in cryptoassets business. On 7 February 2024, the Hong Kong Monetary Authority (HKMA) released a...more

Proskauer Rose LLP

Regulation Round Up - October 2023

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Fund Tokenisation: The Financial Conduct Authority (“FCA”) published a press release announcing that it has joined the Monetary Authority of Singapore’s Project Guardian, a collaborative initiative with the financial industry...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

Proskauer - Blockchain and the Law

Ownership Claims over Auction of “The First NFT” Previously Dismissed by a New York Court Now on Appeal

Way back (if we’re counting tech years) in 2014, artist Kevin McCoy (“McCoy”) created a digital record of his pulsating, octagon-shaped digital artwork Quantum on the Namecoin blockchain on May 2, 2014, thereby minting “the...more

Latham & Watkins LLP

FASB Adopts Changes to Accounting and Disclosure Standards for Digital Assets

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The new standard aims to improve accounting treatment of certain digital assets under GAAP and may pave the way for increased institutional adoption. On September 6, 2023, the Financial Accounting Standards Board (FASB)...more

A&O Shearman

Private Markets 2023 – let’s check the pulse!

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As we approach the half way point in 2023, it's time to take stock of developing trends in private markets and what it could mean for the future. Our Funds and Asset Management Partner, Kamar Jaffer, has identified some...more

Morrison & Foerster LLP

SDNY Issues Split Decision in SEC v Ripple Labs, Potentially Complicating Analysis of When Crypto-Tokens Will Be Treated as...

On July 13, 2023, Judge Analisa Torres in the Southern District of New York issued the much-anticipated summary judgment order in the Securities and Exchange Commission’s (SEC) case against Ripple Labs and two senior leaders,...more

A&O Shearman

Law Commission’s final report on digital assets: What’s new?

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Eleven months after the publication of its monster consultation paper, the Law Commission has published its final report on Digital Assets. Last time, tongue in cheek, we likened the hype to that for “Top Gun: Maverick”,...more

Goodwin

Marketing Crypto-Assets in and Into Europe: MiCAR, the EU’s New Uniform Crypto Code

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The EU Markets in Crypto-Assets Regulation (MiCAR) was published in the Official Journal of the European Union on 9 June 2023. MiCAR is a the major, step toward an EU-wide uniform code governing crypto-assets, such as BTC,...more

McDermott Will & Emery

IRS Releases Memorandum on the Tax Consequences of a Blockchain Protocol Upgrade

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On April 21, 2023, the Internal Revenue Service (IRS) released a Chief Counsel Advice memorandum (ILM 202316008), concluding that a protocol upgrade to the consensus mechanism of a cryptocurrency blockchain that did not...more

Goodwin

SEC Brings Suit Against Owner of BitTorrent, Inc., and Settles Claims With Celebrity Endorsers of Certain Crypto Tokens

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On March 22, 2023, the US Securities and Exchange Commission (SEC) filed a complaint in US District Court for the Southern District of New York against Justin Sun, the owner of BitTorrent, Inc., a file-sharing platform; three...more

Goodwin

Court Holds All DAO Governance Token Holders Can Be Held Responsible for the Actions and Inactions of the DAO

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A California federal court recently held that all governance token holders were responsible for any losses suffered in a security incident. Specifically, the court, in denying a motion to dismiss, ruled in part in favor of a...more

Goodwin

Bankrupt in the Metaverse

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Companies are pouring capital into the metaverse, often on expectations of outsized future returns. Investment in the metaverse more than doubled in 2022, and industry experts have projected that the metaverse could generate...more

Conyers

A Practical BVI Guide to Crypto, Tokens and VASPs

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Conyers attorneys Eric Flaye and Nicholas Kuria provide a practical overview of cryptocurrency and tokens in the British Virgin Islands and discuss the impending Virtual Asset Services Providers Act, 2022. This webinar is...more

Womble Bond Dickinson

It’s A Wonderful Life’s Lessons Ring True in BlockFi Bankruptcy

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We are heading into the holiday season. It’s a Wonderful Life will be on television. And cryptocurrency bankruptcies will be in the news. Yesterday, BlockFi filed for bankruptcy. What does a seventy year old Frank Capra movie...more

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