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CFTC Asserts Jurisdiction Over DAOs in Groundbreaking Enforcement Action

On 22 September 2022, in its first-ever enforcement action against a decentralized autonomous organization (DAO), the Commodity Futures Trading Commission (CFTC) alleged that certain automated crypto transactions conducted on...more

Digital Tokens and the Banking System: Basel Committee Proposes Risk-Weighted Assets Framework for Cryptoassets

Background - On 10 June 2021, the Basel Committee on Banking Supervision published a preliminary proposed framework for the prudential treatment of cryptoasset exposures based on classification cryptoassets (the Proposal).1...more

The Coming Blockchain Revolution in Consumption of Digital Art and Music: The Thinking Lawyer's Guide to Non-Fungible Tokens...

First there were CryptoKitties. Then came digital art, CryptoPunks and NBA Top Shot. But when Beeple’s digital art piece “Everydays: The First 5000 Days” sold at Christie’s for US$69 million, the NFT mania truly began. And as...more

Metamorphosis: Digital Assets and the U.S. Securities Laws

In the past year, the U.S. Securities Exchange Commission (“SEC”) and Chairman Jay Clayton have repeatedly cautioned the cryptocurrency and initial coin offering (“ICO”) industries about the securities law implications for...more

The Acts of the Apostilles: Authentication of Documents in International Business Transactions Under the Hague Apostille...

Introduction - In some cross-border transactions the procurement and authentication of “public documents” from international jurisdictions can be a time-consuming bottleneck. ...more

SEC, NASAA, and State Regulators Caution on Cryptocurrencies and ICOs

If 2017 was the year that cryptocurrencies came to the forefront of public attention, 2018 will be the year that this emerging medium of exchange enters a new phase of regulatory scrutiny. As an example, on January 4, 2018,...more

Initial Coin Offerings: Key Considerations You Absolutely, Positively Need to Know About Before Launching an ICO

Initial Coin Offerings (ICOs) have rapidly emerged as the hottest trend in FinTech financing, albeit one that is not without controversy. Put simply, an ICO is a method of fundraising somewhat akin to an initial public...more

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