On July 13, 2023, the United States District Court for the Southern District of New York (the “Court”) issued a major ruling in in a closely-followed lawsuit brought by the Securities and Exchange Commission (the “SEC”)...more
The Supreme Court recently denied certiorari in a case that presented the issue of whether corporate “tag” jurisdiction, which arises from serving a corporate executive temporarily present in the relevant territory (say, the...more
In response to President Biden’s March 9, 2022 Executive Order on digital assets, the DOJ announced the formation of a new network of prosecutors tasked with becoming specialists in investigating and prosecuting alleged...more
9/22/2022
/ Anti-Money Laundering ,
Biden Administration ,
CFTC ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Penalties ,
Popular ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Statute of Limitations
Key Takeaways -
According to sources with firsthand knowledge, the SEC is conducting an industry-wide inquiry into alleged insider trading activities of cryptocurrency exchanges.
Insider trading occurs when a corporate...more
7/6/2022
/ Bitcoin ,
Capital Markets ,
Cryptoassets ,
Cryptocurrency ,
Enforcement Actions ,
Enforcement Priorities ,
Financial Instruments ,
Financial Regulatory Agencies ,
Insider Trading ,
Investment Opportunities ,
Popular ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Trading Platforms ,
Virtual Currency
Introduction -
Cryptocurrencies have surged in popularity in recent years. As we have reported in recent OnPoints, the swift growth and adoption of cryptocurrencies raise legal questions about everything from their...more
Key Takeaways-
The United States Securities and Exchange Commission announced a settlement against chip manufacturing company Nvidia Corporation, on May 6, 2022, for inadequate disclosures concerning the impact of...more
5/19/2022
/ Bitcoin Mining ,
Corporate Counsel ,
Cryptocurrency ,
Enforcement Actions ,
Failure To Disclose ,
Gaming ,
Gaming Revenues ,
Microchip Technology ,
NVIDIA ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement Agreements
On February 23, 2022, the Department of Justice announced that it would no longer be grouping cases under the "China Initiative" rubric, citing the "harmful perception" of racial or ethnic bias the use of that nomenclature...more
Whether a cryptocurrency product is a security is an issue with serious regulatory consequences. In recent years, the Securities and Exchange Commission (“SEC”) has taken a broad position that various crypto assets are...more
11/19/2021
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
Financial Instruments ,
Financial Markets ,
Howey ,
Investment Contract ,
Investment Opportunities ,
Popular ,
Regulatory Agenda ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
As we recently noted in our OnPoint dated October 20, 2021, the rise in interest from retail and institutional investors in the cryptocurrency market has attracted increased regulatory and enforcement attention in the past...more
11/17/2021
/ Bitcoin ,
Capital Gains ,
Cryptocurrency ,
Digital Currency ,
Enforcement Priorities ,
Financial Transactions ,
Income Taxes ,
Internal Revenue Code (IRC) ,
Investment ,
IRS ,
Popular ,
Regulatory Requirements ,
Reporting Requirements ,
Tax Liability ,
Tax Planning ,
Tax Reform ,
Virtual Currency
Key Takeaways - The federal government has the cryptocurrency market in its crosshairs. Specifically, the DOJ, SEC and CFTC have all continued to make announcements and show interest in regulating cryptocurrency and enforcing...more
Key Takeaways
- Slave, forced, and child labor is a modern-day reality impacting some 40 million people throughout the world, by some estimates. Such practices are—and have always been—repugnant, and certainly have no place...more
8/14/2020
/ Aiding and Abetting ,
Alien Tort Statute ,
Anti-Slavery Commissioner ,
Anti-Trafficking Statutes ,
Child Labor ,
Coronavirus/COVID-19 ,
Corporate Social Responsibility ,
Criminal Code ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Rights ,
Immigration and Customs Enforcement (ICE) ,
Modern Slavery Act ,
Multinationals ,
Popular ,
Risk Management ,
Sex Trafficking ,
Slavery ,
Supply Chain ,
Tariff Act of 1930 ,
Trade Facilitation and Trade Enforcement Act ,
Transparency in Supply Chains Act ,
UK
Key Takeaways -
As stocks surge in reaction to news about COVID-19-related products and solutions, the SEC is actively working to protect investors from misleading statements, fraud, and even investment scams relating to the...more
7/13/2020
/ Biotechnology ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Enforcement Actions ,
Investor Protection ,
Life Sciences ,
Material Misstatements ,
Popular ,
Risk Assessment ,
Risk Mitigation ,
Scams ,
Securities and Exchange Commission (SEC) ,
Vaccinations