The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
9/8/2023
/ Bitcoin ,
Blockchain ,
Coinbase ,
Criminal Prosecution ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Exchange-Traded Products ,
Financial Services Industry ,
First Amendment ,
Fourth Amendment ,
IRS ,
Non-Fungible Tokens (NFTs) ,
Pump and Dump ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Smart Contracts ,
Tax Liability ,
Unregistered Securities
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
8/24/2023
/ Bitcoin ,
Blockchain ,
Coinbase ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
FinTech ,
Investment ,
PayPal ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Token Sales ,
Virtual Currency
In a major step forward for the reorganization of Celsius Network LLC and its affiliated debtors (the "Debtors"), the United States Bankruptcy Court for the Southern District of New York approved the adequacy of the Debtors’...more
8/21/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Blockchain ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Disclosure Requirements ,
FinTech ,
Proxy Voting ,
Reorganizations ,
Solicitation
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
8/10/2023
/ Blockchain ,
Coinbase ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Institutions ,
Financial Services Industry ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Smart Contracts ,
Stablecoins
The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more
7/28/2023
/ Anti-Money Laundering ,
Blockchain ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
FinCEN ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Smart Contracts
On February 9, 2023, the U.S. Securities and Exchange Commission (the “SEC”) charged Kraken with offering and selling Kraken’s Staking Program – its staking-as-a-service product – as an unregistered security. Kraken, more...more
2/16/2023
/ Blockchain ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Services Industry ,
Investment Opportunities ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Token Sales ,
Trading Platforms ,
Unregistered Securities
While the blockchain crypto community is processing the latest round of “crypto contagion,” potentially lost in the busy news week was a significant legal development regarding what digital assets qualify as securities under...more
11/17/2022
/ Blockchain ,
Digital Assets ,
Enforcement Actions ,
Financial Instruments ,
Howey ,
Investment Contract ,
Payment Tokens ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Summary Judgment ,
Token Sales ,
User-Generated Content
On January 3, 2022, the Commodity Futures Trading Commission (CFTC) announced an order against and settlement with Polymarket, a blockchain-enabled prediction market that allows users to “bet” on the occurrence of certain...more
Thoughts on Recent SEC statements and Action on Enforcement Related to Decentralized Autonomous Organizations (DAO) -
On November 10, 2021 the US Securities and Exchange Commission (the SEC) announced that it had halted...more
An interesting and thoughtful whitepaper called “A Legal Framework for Decentralized Autonomous Organizations” was co-authored by a general counsel of one of the major venture investors in the blockchain space suggesting a...more
As the United States Senate considered H.R. 3684, the “Investing in a New Vision for the Environment and Surface Transportation In America Act (INVEST in America Act)”, an attempt to modify legislative language concerning...more
8/18/2021
/ Biden Administration ,
Bipartisan Budget ,
Blockchain ,
Brokers ,
Critical Infrastructure Sectors ,
Cryptocurrency ,
Digital Assets ,
Financial Transactions ,
Legislative Agendas ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Reporting Requirements
The U.S. Department of Justice (“DOJ”) filed a civil forfeiture complaint detailing two hacks of virtual currency exchanges by North Korean actors. These actors stole millions of dollars’ worth of cryptocurrency or other...more
9/16/2020
/ Blockchain ,
Civil Forfeiture ,
Cryptocurrency ,
Data Breach ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Crimes ,
Financial Services Industry ,
FinTech ,
Foreign Exchanges ,
Hackers ,
Money Laundering ,
North Korea ,
Virtual Currency
The U.S. Securities and Exchange Commission (SEC) recently charged two Maryland companies and their executives in a scheme that allegedly defrauded approximately 1,200 investors of more than $27 million. ...more
9/1/2020
/ Blockchain ,
Cryptocurrency ,
Enforcement Actions ,
Financial Transactions ,
Investment ,
Investment Fraud ,
Misappropriation ,
Ponzi Scheme ,
Rule 10(b) ,
Rule 10b-5 ,
Section 17(a) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
U.S. Securities and Exchange (SEC) Commissioner Hester Peirce, referred to by some as “crypto mom” for her support for blockchain technology and cryptocurrency, was nominated on June 3, to serve a five-year term. Peirce is...more
With the world slowly coming out of the COVID-19 lock down and the economy hopefully on the path to recovery there have been many developments in the blockchain / crypto space over the last few weeks....more
5/19/2020
/ Bitcoin ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
FinTech ,
Fraudulent Investment ,
Initial Coin Offering (ICOs) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Stock Exchange ,
Unregistered Securities ,
Virtual Currency
On April 28, 2020, the Congressional Research Service (CRS) published an in depth report related to Fintech, titled Fintech: Overview of Innovative Financial Technology and Selected Policy Issues....more
While the world at large shelters in place due to COVID-19 legal and regulatory activity of digital asset and the blockchain world is hopping. ...more
4/23/2020
/ Best Interest Standard ,
Bitcoin ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Instruments ,
Form CRS ,
FSB ,
Initial Coin Offering (ICOs) ,
Investment Fraud ,
Regulation BI ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Virtual Currency
Like Butch Cassidy and the Sundance Kid gloriously diving off a cliff, Telegram is about to take the fall and is trying to take the SEC with it. However, Telegram and supporters are making a number of important arguments in...more
Judge P. Kevin Castel of the Southern District of New York struck his gavel and hung up on Telegram’s contentious $1.7 billion initial coin offering (“ICO”). Judge Castel ruled Telegram's planned distribution of Grams...more
Many crypto entrepreneurs are seeking to build decentralized networks in which a token serves as a means of exchange on, or provides access to a function of the network. In the course of building out the network, they need...more
2/14/2020
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
De Minimus Quantity Exemption ,
Digital Currency ,
Financial Instruments ,
Financial Markets ,
FinTech ,
Initial Coin Offering (ICOs) ,
Investment Opportunities ,
IRS ,
Popular ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Tax Liability ,
Tax Planning ,
Token Sales ,
Virtual Currency
Digital assets and Blockchain technologies which were once described as the tools of criminals, are now a key part of efforts by traditional financial services firms to transform their businesses and innovative firms looking...more
1/3/2020
/ Accredited Investors ,
Bitcoin ,
Blockchain ,
CFTC ,
Critical Infrastructure Sectors ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Facebook ,
Financial Services Industry ,
FinTech ,
Initial Coin Offering (ICOs) ,
Mark Zuckerberg ,
Martin Act ,
No-Action Letters ,
Offerings ,
Popular ,
Regulatory Requirements ,
Sanctions ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Simple Agreement for Future Tokens (SAFT) ,
Technology Sector ,
Token Sales ,
Transparency ,
Unregistered Securities ,
Virtual Currency
Five years or so years ago, the Internal Revenue Service (“IRS”) provided its first, and until this week, only formal advice on the taxation of cryptocurrency transactions in Notice 2014-21. This guidance, while helpful in...more
10/22/2019
/ Bitcoin ,
Blockchain ,
Capital Gains ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Transactions ,
Future Tax Treatment ,
Guidance Update ,
Income Taxes ,
Investment ,
IRS ,
Reporting Requirements ,
Tax Liability ,
Tax Planning ,
Virtual Currency
This week’s summary includes updates on anti-money laundering in the crypto-friendly nation of Malta and a proposal to regulate cryptocurrency miners in the United States to help stop human trafficking....more
9/18/2019
/ Anti-Money Laundering ,
Bitcoin ,
Bitcoin Mining ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Currency ,
EU ,
Facebook ,
France ,
Gold ,
Human Trafficking ,
IMF ,
International Finance ,
Malta ,
Regulatory Agenda ,
Startups ,
Strategic Planning ,
Token Sales ,
Virtual Currency
The Polsinelli BitBlog Weekly Update begins with the U.S. Securities and Exchange (“SEC”) settlement with an issuer of securities, who managed to both illegally offer securities, and create an unlicensed exchange to trade...more
9/11/2019
/ Anti-Money Laundering ,
Bad Faith ,
Bitcoin ,
Blockchain ,
Corporate Issuers ,
Cryptocurrency ,
Digital Currency ,
Enforcement Actions ,
Facebook ,
Federal Trade Commission (FTC) ,
Financial Transactions ,
FINMA ,
Illegal Trading ,
Initial Coin Offering (ICOs) ,
Mobile Apps ,
Publicly-Traded Companies ,
Pyramid Schemes ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Settlement Agreements ,
Strict Compliance ,
Token Sales ,
Trading Policies ,
Willful Violations
Recently, the Patent Office announced two new Guidance documents which although not targeted specifically to blockchain technology provide insight into strategies for the drafting and prosecuting of blockchain-based patents....more