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Resources on Crypto-Tokens and Securities Law

The following resources take a deep dive into the issues surrounding crypto-tokens and securities law and recognize that, when properly designed, some tokens may not meet the Howey test...more

Legal Aspects of Smart Contract Applications - Digital Asset Sales and Capital Markets, Supply Chain Management, Land Registries,...

Smart contracts have received significant attention from legal academics and attorneys for the impact they may have on contract law and the role of lawyers. Some have also identified and described a series of use cases for...more

FinCEN Issues New Rulings Covering Virtual Currency Exchanges and Payment Processors

On Monday, FinCEN issued two advisory rulings responding to requests for clarification regarding the money transmitter status of two virtual currency companies. While the advisory rulings are technically limited to only the...more

10/30/2014  /  Bitcoin , FinCEN , Virtual Currency

Admin Rulings: FinCEN Clarifies Money Transmitter Exemptions for Virtual Currency and Payment-Related Services

On April 29, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a series of administrative rulings determining whether five different companies constitute money services...more

New FinCEN Guidance On Virtual Currency Transactions

Overview - On January 30, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued two administrative letter rulings that clarify the application of FinCEN’s regulations to...more

2/12/2014  /  Bitcoin , FinCEN , Virtual Currency

Supreme Court Issues Significant Patent Antitrust Decision Rejecting The “Scope Of The Patent” Rule

In the most significant patent antitrust decision in decades, Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 WL 2922122 (June 17, 2013), the Supreme Court has held, by a 5-3 vote with Justice Alito recused, that...more

Vermont Heightens Enforcement Efforts Against Patent Assertion Entities

With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE)....more

Federal Government Crackdown On Virtual Currency Heats Up

Asset Seizures and Arrests Mark Recent Federal Virtual Currency Enforcement Actions - Federal authorities have initiated several recent enforcement actions that are indicative of continuing regulatory changes in the...more

New FinCEN Guidance Changes Regulatory Landscape For Virtual Currencies And Some Prepaid Programs

To address a perceived gap in regulatory treatment of increasingly popular virtual currencies, including Bitcoin, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) released new guidance on...more

Check Your Arbitration Agreements After New Washington Supreme Court Case

A recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the...more

Federal Circuit Clarifies Expanded Standing to Bring Walker Process Antitrust Claims

On November 20, 2012, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183, 2012 WL 5862779 (Fed. Cir. Nov. 20, 2012). They affirmed that direct...more

11/30/2012  /  Patents , Sherman Act , Standing
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