News & Analysis as of

Commodity Exchange Act (CEA) Cryptocurrency

Troutman Pepper Locke

Breaking Down CFTC's Novel Theory Driving Uniswap Action

Troutman Pepper Locke on

Although Congress has neither formulated a regulatory framework for the digital asset industry nor anointed a federal regulatory agency as the de facto overseer of digital asset-related activities affecting interstate...more

Paul Hastings LLP

CFTC’s High-Profile Crypto Cases Lead to Massive Recoveries but Far Fewer Enforcement Actions

Paul Hastings LLP on

The CFTC Division of Enforcement recently released its 2024 results, trumpeting its focus on large crypto matters that generated big headlines and even bigger recoveries, but resulted in a significant decline in total...more

Troutman Pepper Locke

Crackdown on DeFi? An Examination of the CFTC's Enforcement Action Against Uniswap — The Crypto Exchange

Troutman Pepper Locke on

In the latest episode of The Crypto Exchange, host Ethan Ostroff is joined by Addison Morgan to discuss the recent CFTC enforcement action against Uniswap. The CFTC alleged that Uniswap violated the Commodity Exchange Act...more

BakerHostetler

Weekly Blockchain Blog - September 2024 #4

BakerHostetler on

Payments Firms Launch Crypto Products, New Crypto Adoption Data Published - According to a recent press release, a well-known U.S. payments and financial technology company announced that it will allow its United States...more

Lowenstein Sandler LLP

DeFi Takes Another Hit: CFTC Settles With Uniswap Labs Over Leveraged Tokens

Lowenstein Sandler LLP on

On September 4, the Commodity Futures Trading Commission (CFTC) issued a settlement order (the Order) against Universal Navigation Inc. d/b/a Uniswap Labs (Uniswap).1 The Order asserted that Uniswap, through its front-end...more

BakerHostetler

Weekly Blockchain Blog - July 2024 #3

BakerHostetler on

Stablecoin Demand Increases with Initiatives Announced in Germany, Hong Kong - Recent reports highlight an increasing demand for stablecoins. According to one report, the market cap of the PYUSD stablecoin recently...more

Faegre Drinker Biddle & Reath LLP

Digital Asset Enforcement: Between Proposed Legislation and CFTC Enforcement

While most people would agree that bitcoin and cryptocurrency would be classified as digital assets, no one has quite defined what exactly is a digital asset. The Commodities Futures Trading Commission (CFTC) released a...more

Cadwalader, Wickersham & Taft LLP

Groundbreaking and Informative – CFTC’s KuCoin Complaint

On March 26, 2024, the U.S. Commodity Futures Trading Commission (“CFTC”) filed a complaint (the “Complaint”) in the U.S. District Court for the Southern District of New York (“SDNY”) for injunctive and other relief against...more

Ballard Spahr LLP

KuCoin and Founders Charged with Operating Illegally as Money Transmitter and Futures Commission Merchant

Ballard Spahr LLP on

Last week, the United States Attorney’s Office for the Southern District of New York unsealed an indictment against global cryptocurrency exchange KuCoin and two of its founders, Chun Gan and Ke Tang, for allegedly conspiring...more

Polsinelli

Blockchain+ Bi-Weekly - March 2024 #2

Polsinelli on

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

The Volkov Law Group

DOJ and CFTC Bring Charges Against Crypto Exchange KuCoin for AML and KYC Failures

The Volkov Law Group on

On March 26, 2024, the U.S. Department of Justice (“DOJ”) unsealed an indictment against prominent cryptocurrency exchange KuCoin and two of its founders, Chun Gan and Ke Tang.  The DOJ charged the exchange and its founders...more

Latham & Watkins LLP

Can It Be a Commodity if It’s Not Fungible? Evaluating NFTs Under the Commodity Exchange Act

Latham & Watkins LLP on

Understanding NFTs as commodities calls for a more nuanced analysis than what their “non-fungible” label might suggest at first glance. The appropriate regulatory characterization of cryptocurrencies and digital assets...more

Proskauer - Blockchain and the Law

From Code to Consequence: CFTC Obtains Default Judgment Against Ooki DAO for Commodity Exchange Act Violations

Unlike traditional corporate entities with a typical hierarchical structure, a decentralized autonomous organization (“DAO”) – a management structure that uses blockchain technology – functions as a leaderless entity. Without...more

Latham & Watkins LLP

What’s Next for DAOs in the Wake of the Ooki Decision?

Latham & Watkins LLP on

The viability of DAO structures draws attention after a judge declares that a decentralized autonomous organization is a “person” under the law. On June 8, 2023, the US District Court for the Northern District of...more

Latham & Watkins LLP

Digital Asset Market Structure Bill Seeks to Fill US Regulatory Gaps

Latham & Watkins LLP on

The proposed bill sets forth a comprehensive framework for the digital asset ecosystem by bridging regulatory gaps, promoting innovation, and protecting consumers. On June 2, 2023, Patrick McHenry, Chairman of the House...more

Davis Wright Tremaine LLP

CFTC Issues Staff Advisory Letters on DCO Regulation: Prime Brokerage Arrangements and Digital Assets

In May 2023, the Division of Clearing and Risk ("DCR") of the Commodity Futures Trading Commission ("CFTC") issued two Staff Advisory letters addressing areas of regulatory focus related to Derivatives Clearing Organizations...more

A&O Shearman

CFTC Charges Digital Asset Exchange And Its Founder With Violating The Commodity Exchange Act And Commission Regulations

A&O Shearman on

On March 27, 2023, the Commodity Futures Trading Commission (“CFTC”) filed a civil enforcement action against three entities that operate a digital asset exchange (the “Company”) and its Founder and Chief Executive Officer...more

Proskauer - Blockchain and the Law

CFTC Enforcement Highlights Potential Compliance Risks to Crypto Exchanges for Derivatives Trading

Binance is the latest major crypto industry player to be sued by a U.S. regulator. On March 27, 2023, the CFTC announced that it had filed a civil enforcement action against Binance Holdings Limited (and related legal...more

Cadwalader, Wickersham & Taft LLP

CFTC Charges Binance and its Founder with Multiple CEA Violations

On March 27, the Commodity Futures Trading Commission (“CFTC”), the U.S. derivatives regulator, charged three Binance entities (collectively “Binance”) and its founder and chief compliance officer (“CCO”) with numerous...more

BakerHostetler

Zero Knowledge EVMs Launch; U.S. Central Bank Publishes Custodia Denial Order; CFTC Charges Binance Exchange; SEC, DOJ Bring...

BakerHostetler on

“Z” Doors Are Open: Rival Zero Knowledge EVMs Launch - Earlier this week, a technology innovation lab reportedly released a public Alpha version of its “zero-knowledge Ethereum Virtual Machine” (zkEVM), which has been...more

Nelson Mullins Riley & Scarborough LLP

U.S. Regulators File Complaints for Digital Asset Market Manipulation and Misappropriation

The U.S. Commodity Futures Trading Commission (CFTC) filed a complaint on Jan. 9, 2023, in the U.S. District Court for the Southern District of New York against Avraham Eisenberg. The U.S. Securities and Exchange Commission...more

Nelson Mullins Riley & Scarborough LLP

Ooki Dao Is a “Person” That Can Be Sued

As the rules and procedures are being developed through cases of first impression, thousands of DAOs and other crypto enthusiasts are watching the CFTC v. Ooki DAO legal battle for clues about how our legal system will treat...more

Morgan Lewis - All Things FinReg

Court OKs CFTC’s Service of Process Through Online Forum, Chat Box in Ooki DAO Action

The US District Court for the Northern District of California ruled on December 20, 2022, that the Commodity Futures Trading Commission (CFTC) properly served the defendant, Ooki DAO, by posting summons documents in Ooki...more

Davis Wright Tremaine LLP

CFTC’s Annual Enforcement Results Include Notable and Novel Cases

The Commodity Futures Trading Commission ("CFTC") recently released its enforcement results for Fiscal Year 2022 ("FY 2022"). In addition to detailing the recovery of over $2.5 billion in restitution, disgorgement, and civil...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Settles Claims Against Founders of a Decentralized Protocol and Sues Its Successor DAO and Its Members, Pressing a Novel...

On September 22, 2022, the Commodity Futures Trading Commission (CFTC or Commission) (1) issued an order settling charges against protocol creator bZeroX, LLC and its founders, and (2) filed a federal civil enforcement action...more

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