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Financial Markets and Funds Quick Take | Issue 31

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

Bitnomial Exchange Sues SEC, Challenging Agency's Authority Over XRP Futures

Bitnomial Exchange, LLC (Bitnomial), a designated contract market (DCM) registered with the Commodity Futures Trading Commission (CFTC), has launched a legal offensive against the US Securities and Exchange Commission (SEC),...more

Financial Markets and Funds Quick Take | Issue 30

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

CFTC’s Uniswap Settlement Sparks Debate on DeFi Regulation

The Commodity Futures Trading Commission (CFTC) continues to expand its regulatory reach in the decentralized finance (DeFi) space, this time targeting Uniswap Labs, the developer behind a prominent decentralized exchange...more

Ether’s Legal Status Clarified? CFTC Scores Win as Court Backs Agency’s Commodity Classification

In a victory for the Commodity Futures Trading Commission (CFTC), a federal court has granted summary judgment in favor of the agency in its case against Sam Ikkurty and his company Ikkurty Capital LLC. The ruling, issued by...more

SEC Targets Crypto Infrastructure Provider: Consensys Charged with Operating Unregistered Broker and Selling Unregistered...

In a significant escalation of its crypto enforcement efforts, the Securities and Exchange Commission (SEC) has filed charges against Consensys Software Inc., the developer of the popular MetaMask crypto wallet and suite of...more

Financial Markets and Funds Quick Take | Issue 24

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

The Lesson of Prometheus – A Special Purpose Broker Dealer May Cause Havoc in TradFi by Unilaterally Declaring ETH To Be A...

As referenced in the opening scene of the 2023 Oscar-winning film Oppenheimer, Prometheus, the Greek god of forethought, is best known for stealing fire from the gods to give to humanity. As punishment, Zeus had Prometheus...more

Financial Markets and Funds Quick Take | Issue 19

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

US Court Holds DeFi Developer Cannot Be Held Liable for 3d Party Bad Actors; A Week Later, CFTC Suggests Contrary View Over One...

A developer and financial backers of a renowned decentralized finance protocol cannot be held liable to private litigants for the activities of unrelated bad actors that utilized the protocol to launch and offer for sale scam...more

Offering of NFTs Allegedly Promoted as Investments Claimed To Be Unregistered Securities Offering by SEC in Settled Enforcement...

An offering of non-fungible tokens was deemed an unlawful offering of securities without registration by the Securities and Exchange Commission in a novel Order of first impression accepting a settlement of proposed charges...more

In the Words of Yogi Berra, 'The Future Ain’t What It Used to Be'

As the great American philosopher and baseball legend Yogi Berra once said, "The future ain't what it used to be." Yogi was prescient (as usual) as this observation has been fulfilled by the decision of a federal court...more

Katten Financial Markets and Funds Quick Take | Issue 15

Four Key Considerations Since SEC Amended Form PF - In early May, the Securities and Exchange Commission (SEC) adopted a final rule amending Form PF, the confidential reporting form for certain SEC-registered investment...more

Rationality in the Federal Oversight of Digital Assets? It’s Possible Say Members of Two House Committees Proposing New...

A framework for a potential bill that would provide (1) the Commodity Futures Trading Commission exclusive jurisdiction over digital commodity transactions occurring on or with three new types of registrants and (2) an...more

NY Attorney General Proposes to Increase Obligations on Crypto Businesses Operating in NY or with NY Residents

Businesses engaged in certain digital currency activities from or within New York would be subject to enhanced obligations and restrictions if a bill entitled the “Crypto Regulation, Protection, Transparency, and Oversight...more

NFTs and the Enduring Allure of Digital Collectibles

Editor's Note: This article is the first of a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs, including in copyright law and beyond....more

Financial Markets and Funds Quick Take | Issue 10

Katten Named Leader in Blockchain and Cryptocurrency in Chambers FinTech 2023 Guide - Katten announced that the firm had attained a superior ranking in the Chambers FinTech 2023 guide. Katten was recognized as a leader in...more

Public Companies with Exposure to Crypto Markets After FTX Collapse: To Disclose or Not to Disclose – You Better Disclose if...

The recent collapse of FTX and other companies transacting in cryptoassets prompted staff of the U.S. Securities and Exchange Commission to advise public reporting companies to double-check that they are adequately disclosing...more

Sale of Crypto Assets by Promoter Held to Be Sale of Securities Despite Claimed Utility Use of Digital Assets by at Least Some...

Cryptoassets issued and promoted by LBRY, Inc. (LBRY) and sold directly to investors constituted investment contracts and thus securities, requiring registration with the Securities and Exchange Commission (SEC), ruled a...more

Weathering the Crypto Winter: Tools for Insolvency Practitioners

Cryptoassets are particularly unique assets that are sources of deep and rapid innovation in global financial markets. Given the volatility of the crypto market, their value can dramatically rise and fall. Insolvency...more

CFTC Brings Enforcement Action against Digital Exchange and Natural Person Controller Suggesting Native Cryptoasset is a Commodity...

The Commodity Futures Trading Commission (CFTC) charged a group of companies and their natural person controller with operating an unlicensed futures brokerage company (i.e., a futures commission merchant (“FCM”)); not...more

Holders of DAO Governance Tokens Beware: According to the CFTC, Voting May Be Hazardous to Your Well-Being

Natural persons and legal entities are potentially jointly and severally liable for all of a decentralized autonomous organization's (DAO) violations of the Commodity Exchange Act (CEA) and Commodity Futures Trading...more

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