While the nation was preoccupied with the significant developments in the Presidential race, advocates and promoters of the blockchain ecosystem were particularly attentive to the news, given the perception that the current...more
7/25/2024
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
ETFs ,
Ether ,
Financial Instruments ,
Financial Markets ,
Presidential Elections ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Virtual Currency ,
Wells Notice
The SEC’s litigation against the largest digital asset exchanges in America has been unfolding for over a year, beginning with the agency suing various Binance entities in June 2023, followed by actions against Coinbase...more
It was a busy two weeks in Web3 law, as Binance lost in an appeal that could have wide-ranging jurisdictional implications outside of just digital assets. Coinbase also went on the offensive against the SEC in appealing the...more
3/29/2024
/ Blockchain ,
CFTC ,
Coinbase ,
Commodity Exchange Act (CEA) ,
Copyright Office ,
Crypto Exchanges ,
Cryptocurrency ,
Digital Assets ,
Intellectual Property Protection ,
Jurisdiction ,
Non-Fungible Tokens (NFTs) ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
USPTO
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
11/17/2023
/ Blockchain ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Currency ,
Digital Wallets ,
Distributed Ledger Technology (DLT) ,
EFTs ,
Enforcement Actions ,
Financial Markets ,
Financial Services Industry ,
Investment Opportunities ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
On September 15, 2022, the Senate Committee on Agriculture, Nutrition, and Forestry (the “Ag. Committee”) held a hearing to discuss Senate Bill 4760, titled the Digital Commodities Consumer Protection Act of 2022 (the “Bill”)...more
9/19/2022
/ Bitcoin ,
CFTC ,
Congressional Investigations & Hearings ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Ethereum ,
Financial Instruments ,
Regulatory Authority ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Stablecoins
On October 28, 2021, The Financial Action Task Force (FATF), an inter-governmental body that sets international standards with an aim to prevent global money laundering and terrorist financing, released updated guidance...more
On April 14, 2021, the U.S. Senate confirmed Gary Gensler as the new Chair of the U.S. Securities and Exchange Commission. Over the last few years the SEC has taken an assertive position in considering many digital assets to...more
4/26/2021
/ Administrative Agencies ,
Administrative Appointments ,
Biden Administration ,
Bitcoin ,
Cryptocurrency ,
Digital Currency ,
ETFs ,
Regulatory Agenda ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Senate Confirmation Hearings
The SEC recently required BitClave to return over $25 million to investors which the company raised by selling its Consumer Activity Tokens (CAT) to over 9,000 investors in an initial coin offering (ICO). BitClave was also...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
This BitBlog summary focuses on the continuing actions by the U.S. Securities and Exchange Commission (“SEC”) against the issuers of noncompliant initial coin offerings (“ICOs”) and other crypto related transactions including...more
10/29/2019
/ Bitcoin ,
CFTC ,
Commodities ,
Cryptocurrency ,
Default Judgment ,
Digital Currency ,
Enforcement Actions ,
ETFs ,
Ether ,
Exchange-Traded Products ,
Fund Managers ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Initial Coin Offering (ICOs) ,
Regulation A ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Settlement Agreements ,
Token Sales ,
Virtual Currency
This summary covers the last two weeks which includes news about continued enforcement actions by the U.S. Securities and Exchange Commission (“SEC”) involving fraudulent digital asset transactions, dismissal of a securities...more
10/2/2019
/ Bitcoin ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Prosecution ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Ether ,
Extortion ,
FBI ,
Financial Transactions ,
Initial Coin Offering (ICOs) ,
Innovative Technology ,
Investment Adviser ,
Legal Opinion ,
Offerings ,
Popular ,
Putative Class Actions ,
Regulatory Oversight ,
Rewards Programs ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Startups ,
Token Sales ,
Unregistered Brokers ,
Unregistered Securities ,
Virtual Currency
This week saw two items of note in the regulation of digital assets and both came out of the state of New York.
The Return of the Empire State -
A New York State Supreme Court ruled that it has personal and subject...more
8/27/2019
/ Bitcoin ,
Blue Sky Laws ,
Cryptocurrency ,
Currency Exchange ,
Digital Assets ,
Enforcement Actions ,
ETFs ,
Exchange-Traded Products ,
Financial Services Industry ,
Injunctions ,
IRS ,
Martin Act ,
Motion to Dismiss ,
NY Supreme Court ,
Personal Jurisdiction ,
Regulatory Oversight ,
Regulatory Standards ,
State and Local Government ,
State Attorneys General ,
Subject Matter Jurisdiction ,
Tax Liability ,
Virtual Currency
The end of July saw continued regulatory activity in the digital assets space. This entry of BitBlog will cover some of the highlights.
1) The U.S. Securities and Exchange Commission (“SEC”) continues to dole out bits of...more
8/12/2019
/ Bitcoin ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Financial Conduct Authority (FCA) ,
Financial Transactions ,
FinTech ,
Investment Opportunities ,
Mt.Gox ,
NYDFS ,
Regulatory Agenda ,
Regulatory Oversight ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
UK
The Securities and Exchange Commission’s (“SEC”) Strategic Hub for Innovation and Financial Technology (“FinHub”) hosted an important public forum on Friday, May 31, 2019 at the SEC headquarters in Washington, D.C. ...more
6/21/2019
/ Capital Formation ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Innovation ,
Innovative Technology ,
Investment Management ,
Public Forum ,
Regulatory Agenda ,
Regulatory Oversight ,
Rulemaking Process ,
Securities and Exchange Commission (SEC)
Despite the growth of crypto-currencies in number and use, relatively little guidance has been provided by the Internal Revenue Service (IRS) to date related to the federal income taxation of such crypto transactions. ...more
On January 22, 2019 FINRA, the self-regulatory organization for U.S. broker-dealers, released its “Risk Monitoring and Examination Priorities Letter” for 2019. A number of of FINRA’s hot topics for 2019 should be of interest...more
2/11/2019
/ Bitcoin ,
Broker-Dealer ,
Digital Assets ,
Digital Currency ,
FinTech ,
Initial Coin Offering (ICOs) ,
Investment Opportunities ,
Market Manipulation ,
Regulatory Oversight ,
Regulatory Standards ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Token Sales