On May 23, the Supreme Court issued a decision holding that when parties have two conflicting contracts – one that sends disputes to arbitration and one that sends disputes to the courts – a court, not an arbitrator, must...more
6/11/2024
/ Arbitration ,
Arbitration Agreements ,
Coinbase ,
Coinbase Inc v Suski et al ,
Contract Disputes ,
Contract Terms ,
Crypto Exchanges ,
Cryptocurrency ,
FinTech ,
SCOTUS ,
User Agreements
Join us for the next edition of FinTech University as we focus on the remediation of defective token offerings. This webinar will examine how defective tokens are detected, what makes a token defective, and how FinTech users...more
In his famous 2018 speech, William Hinman, Digital Asset Transactions: When Howey Met Gary (Plastic), the Director of the U.S. Securities and Exchange Commission (“SEC”), asked...more
4/4/2023
/ Bitcoin ,
Cryptocurrency ,
Digital Currency ,
Enforcement Actions ,
Ethereum ,
Financial Instruments ,
Initial Coin Offering (ICOs) ,
Investment ,
Offerings ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
State Attorneys General ,
Token Sales ,
Unregistered Securities
NBA Hall of Famer Paul Pierce, known by basketball fans as “The Truth,” has run afoul of the SEC. No, not that SEC—Pierce played college basketball at Kansas in the Big 12. No, this would be the U.S. Securities and Exchange...more
3/20/2023
/ Athletes ,
Celebrity Endorsements ,
Cryptoassets ,
Cryptocurrency ,
Endorsements ,
Enforcement Actions ,
Failure To Disclose ,
False Statements ,
Misleading Statements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Settlement Agreements ,
Token Sales ,
Unregistered Securities
There is little in this world more valuable than fine art. Just ask Paul Allen, whose collection of paintings and sculptures recently fetched over $1.5 billion at auction, including $117 million for van Gogh’s “Verger avec...more
In a case watched by companies that offered and sold digital assets Federal District Court Judge Paul Barbadoro recently granted summary judgment for the Securities and Exchange Commission (“SEC”) against LBRY, Inc. This case...more
In a recent speech,2 Gensler quoted the first Chairman of the SEC, Joseph Kennedy3 who noted: “No honest business need fear the SEC.”4 Unfortunately, Gensler failed to note that as the SEC often explains, whether a party has...more
As the U.S. Securities and Exchange Commission (“SEC”) continues to step up its enforcement concerning cryptocurrencies, U.S.-based exchanges should take note when conducting due diligence concerning tokens to list for...more
5/24/2022
/ Cryptocurrency ,
Digital Currency ,
Due Diligence ,
Enforcement Actions ,
Enforcement Priorities ,
Financial Fraud ,
Financial Transactions ,
Initial Coin Offering (ICOs) ,
Investment Fraud ,
Securities and Exchange Commission (SEC) ,
Token Sales
As recently discussed in FinTech Nostradamus, the SEC recently doubled the size of its Crypto Assets and Cyber Unit. Since its inception in 2017, the SEC’s Crypto Assets and Cyber Unit has launched more than 80 investigations...more
5/12/2022
/ Bitcoin Mining ,
Blockchain ,
Cryptoassets ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Currency ,
Enforcement Priorities ,
Ether ,
FinTech ,
Non-Fungible Tokens (NFTs) ,
NVIDIA ,
Regulatory Agenda ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Stablecoins
The SEC recently doubled the size of its Crypto Assets and Cyber Unit. Since its inception in 2017, the SEC’s Crypto Assets and Cyber Unit has launched more than 80 investigations resulting in over $2 billion in monetary...more
5/11/2022
/ Bitcoin Mining ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Currency ,
Enforcement Actions ,
Enforcement Guidance ,
Financial Transactions ,
Non-Fungible Tokens (NFTs) ,
NVIDIA ,
Regulatory Agenda ,
Regulatory Oversight ,
Stablecoins ,
Virtual Currency
The SEC announced on May 3, 2022 that 20 additional positions will be allocated to the Crypto Assets and Cyber Unit within the Division of Enforcement. This increase in resources will nearly double the size of the unit (now...more
The U.S. Attorney’s Office for the Southern District of New York recently charged two individuals for allegedly participating in a scheme to defraud purchasers of “Frosties” non-fungible tokens (or “NFTs”) out of over $1...more
4/8/2022
/ Blockchain ,
Criminal Prosecution ,
Cryptocurrency ,
Digital Assets ,
Digital Wallets ,
Enforcement Actions ,
FinTech ,
Investment Funds ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Wire Fraud
On March 24, 2022, the U.S Attorney’s Office for the Southern District of New York charged two individuals for their alleged participation in a scheme to defraud purchasers of non-fungible tokens (or “NFTs”) known as...more
4/1/2022
/ Blockchain ,
Criminal Conspiracy ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Wallets ,
Enforcement Actions ,
Enforcement Priorities ,
Financial Transactions ,
Investment Opportunities ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Wire Fraud
Please forgive some members of the FinTech community for remembering President Ronald Reagan’s comment: “The nine most terrifying words in the English language are: ‘I’m From the Government and I’m Here to Help.’” President...more
3/16/2022
/ Biden Administration ,
Bitcoin ,
Central Bank Digital Currency (CBDCs) ,
Cryptocurrency ,
Digital Assets ,
Executive Orders ,
Financial Regulatory Reform ,
Financial Services Industry ,
Financial Transactions ,
Investment Contract ,
Investor Protection ,
Regulatory Agenda
Speaking at last week’s Munich Cyber Security Conference, U.S. Deputy Attorney General Lisa Monaco announced the formation of a new FBI unit dedicated to blockchain analysis and virtual asset seizure – the Virtual Asset...more
2/22/2022
/ Asset Seizure ,
Bitcoin ,
Blockchain ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Crimes ,
Digital Assets ,
Enforcement Priorities ,
FBI ,
FinTech ,
Ransomware ,
Regulatory Oversight ,
Virtual Currency
The Traveling Wilburys famously noted “In Jersey, anything's legal as long as you don't get caught.” Apparently the New Jersey Bureau of Securities (“Bureau”) disagrees....more
Securities and Exchange Commission (“SEC”) Chairman Gary Gensler received a letter last week seeking clarification on the SEC’s authority to regulate cryptocurrency exchanges from Senator Elizabeth Warren, chair of the Senate...more
Five plaintiffs recently voluntarily dismissed their putative securities class action lawsuits one year after sending shock waves through the crypto world when they filed eleven alleged class action lawsuits against...more