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Litigation Minute: Current Issues in Cryptocurrency-Related Litigation (Cryptocurrency Litigation Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Blockchain and distributed ledger technology hold great promise for advancements in logistics and supply chain management, health care, finance, and many other aspects of business...more

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

Qui Tam Quarterly - EHR Systems: a Step Forward for Patients but a Compliance and Enforcement Minefield for Health Care Providers

Information is power, but the consequences of mismanaging information in the health care industry can be severe. Electronic Health Record (EHR) systems provide comprehensive real-time patient medical information in an...more

Staying Out of Trouble: The Basics Every Civil Litigator Should Know About Staying Civil Proceedings When One of the Parties Faces...

OVERVIEW - Most civil litigators successfully avoid having to address criminal matters, but sometimes the collision of civil and criminal worlds cannot be avoided. For instance, you may represent a financial adviser being...more

There's No Place Like Home: Ethical Considerations for Lawyers Continuing to Work Remotely and Use Social Media

There’s no place like home. Now, more than any time in history, lawyers are working from home, supervising other lawyers who are also working remotely, and weighing options to integrate this change permanently in a...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

Bot or Not? Authenticating Social Media Evidence at Trial in the Age of Internet Fakery

Prosecutors offer Facebook posts to show that a gang leader “green lighted” the hatchet killing of a homeless man for “snitching” on him. A plaintiff in an Internet stalking case offers the hundreds of abusive emails she...more

Know Your Limits: The CFTC Adopts Position Limits for Derivatives Related to Energy, Agriculture, and Metals Products

INTRODUCTION - The Commodity Futures Trading Commission (CFTC) recently voted 3–2, along party lines, to approve a final rule (Final Rule) regarding position limits for certain futures contracts and economically equivalent...more

The CFTC's Enforcement Division Again Puts Market Participants on Notice About Its Expectations Concerning Compliance Programs

Continuing to press the message that implementing and enforcing an effective compliance program is a business imperative, not an optional “best practice,” on 10 September 2020, the Commodity Futures Trading Commission (CFTC)...more

The CFTC Once Again Proposes Position Limits for Derivatives

INTRODUCTION - On January 30, 2020, the Commodity Futures Trading Commission (“CFTC” or “Commission”) approved a proposed rule (the “Proposed Rule”) for new and amended regulations concerning speculative position limits for...more

Reconsidering CFTC Position Limits - Looking Back in Order to Look Forward to the Upcoming CFTC Position Limit Proposal

As the new Chairman of the Commodity Futures Trading Commission (“CFTC” or the “Commission”), Chairman Tarbert’s short-term agenda is expected to include new position limit rules related to physical commodities....more

CFTC Issues No-Action Relief for Floor Traders to Exclude SEF-Executed Cleared Swaps from the Swap Dealer De Minimis Calculation

Introduction - On June 27, 2019, the Commodity Futures Trading Commission (“CFTC”) issued no-action relief for floor traders to “encourage new liquidity providers to trade cleared swaps on registered venues without...more

Qui Tam Quarterly: The Department of Justice False Claims Act Policy Issue

In this second installment of Qui Tam Quarterly, K&L Gates breaks down two policy statements by the U.S. Department of Justice ("DOJ"), providing an analysis of both (1) the 2018 "Granston Memo" and related case law; as well...more

How To Authenticate Social Media Evidence In Court

Prosecutors offer Facebook posts to show that a gang leader "green lighted" the hatchet killing of a homeless man for "snitching" on him. A plaintiff in an internet stalking case offers the hundreds of abusive emails she...more

American Bar Association Publishes White Paper on Digital and Digitized Assets

On March 13, 2019, the American Bar Association’s Derivatives and Futures Law Committee published a white paper called Digital and Digitized Assets: Federal and State Jurisdictional Issues. ...more

Another Cop on the International Beat: The CFTC Announces Expanded Focus on Foreign Corruption

On Wednesday, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) became the latest government agency to formally set its sights on foreign corruption. ...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

It’s Inevitable: Pleading Trade Secret Misappropriation Under the Defend Trade Secrets Act of 2016

The Defend Trade Secrets Act (“DTSA”), enacted on May 11, 2016, provides the first private federal cause of action for trade secret misappropriation and allows employers whose trade secrets have been misappropriated to head...more

The SEC Sends a Stern Reminder That It Is Serious About Punishing “Spoofing” and “Layering” Schemes in the Securities Markets

On March 10, 2017, the U.S. Securities and Exchange Commission (“SEC”) filed a civil complaint in the U.S. District Court for the Southern District of New York alleging that a Ukraine-based trading firm committed securities...more

DOJ’s Recent Guidance on Compliance Programs

In assessing potential sanctions against corporations, prosecutors must decide whether and how to exercise their discretion when evaluating penalties to impose upon a company whose employees engaged in wrongdoing despite the...more

DOJ Sharpens Focus on Corporate Compliance in Deciding Whether to Prosecute Companies

One of the factors that the U.S. Department of Justice (DOJ) considers in deciding whether to bring charges against a corporation is the existence and effectiveness of the corporation’s pre-existing compliance program. On...more

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