A Conversation with SEC Commissioner Hester Peirce
El Salvador’s Bitcoin Nation: A Government Insider’s View
Exploring the AI and Crypto Intersection
A Tale of Two Crypto Cases
The Justice Insiders Podcast: The Sam Bankman-Fried Trial: Defendants Testifying (Poorly), FOMO, and How to Actually Blame Lawyers
Digital Planning Podcast Episode: Exploring DAOs
Turning up the Heat – A Look at the FTC’s Groundbreaking Fine Against Bankrupt Digital Asset Services Provider Celsius Network LLC - The Crypto Exchange Podcast
Crypto Year in Review 2022: State-Level Regulatory Developments in the Digital Asset Market - The Crypto Exchange Podcast
Episode 256: The FTX Scandal and Cryptocurrency Risks: Featuring Matt Stankiewicz from The Volkov Law Group
Bankruptcy Filings Among Crypto Exchanges: Is This a Sign of the Future? - The Crypto Exchange Podcast
Navigating the Impact of Counterparty Insolvency and Negative Market Conditions in the Crypto Space
Whose Crypto Is It Anyway? Bankruptcy and Crypto - The Crypto Exchange Podcast
Part 2: Additional Implications for Cryptocurrency Companies in Bankruptcy
Crypto Enforcement Is Here, and Always Has Been
Crypto and DeFi Platforms: Aggressive SEC Enforcement on the Way?
This articles provides some insights on the direction of travel in the UK in relation to distributed ledger technology (DLT) and digital assets, in light of recent legislative and policy developments that signal the UK’s...more
In this episode of the CryptoCounsel, hosts Josh and Frank sit down with SEC Commissioner Hester Peirce to unpack the complexities of cryptocurrency regulation. Together they discuss the recent challenges of SEC regulatory...more
In 2023, the digital asset industry demonstrated remarkable resilience amidst significant challenges, including the dissolution of several digital asset financial services companies, numerous bank failures, and a $4.7 billion...more
The U.S. Patent and Trademark Office and the U.S. Copyright Office recently published the results of their co-study (on the interplay between non-fungible tokens (NFTs) and intellectual property. ...more
Financial Institutions Add Bitcoin ETFs, Crypto Product Integrations Continue - According to recent reports, two major U.S. financial institutions have begun offering spot bitcoin exchange-traded funds (ETFs) to their...more
The huge expansion of crypto-assets over recent years and the popularity of their underlying technology (distributed ledger technology (DLT) or blockchain) have come with their share of challenges, including a significant...more
Government attitude and definition - As in many countries, the regulation of cryptocurrencies in Canada is divided among various levels of government and administrative agencies, depending on the nature of the activity...more
In April 2023, the SEC re-proposed amendments to Exchange Act Rule 3b-16 to expand the definition of what it means to be an exchange. When the SEC initially proposed these amendments in January 2022, there were zero direct...more
On August 8, the Federal Reserve Board (Fed) issued a press release providing additional information on its Novel Activities Supervision Program (Program) to monitor novel activities in the banks it oversees. Novel activities...more
With increasing levels of capital continuing to flow into digital assets globally, an ever-growing pool of asset holders, and even governments exploring various digital asset projects, the need to examine custody services in...more
On January 13, 2023, the Internal Revenue Service (IRS) Office of Chief Counsel published Memorandum 202302011 titled “[a]pplicability of I.R.C. section 165 to cryptocurrency that has declined in value.” The Memorandum...more
FINRA recently announced targeted exams of its members focused on certain retail communications concerning “crypto asset” products and services between July 1, 2022 and September 30, 2022. For purposes of the exams, FINRA...more
As might be expected, FINRA appears to be aligning itself with the SEC in its assertion of jurisdiction over investments that may not, at the end of the day, be deemed securities. ...more
Blockchain and other distributed ledger technologies (DLTs) underpinning crytpoassets are being adopted across the business world for a variety of purposes. In the finance sector, DLT is being used to create decentralized...more
Below, we highlight some of our latest thought leadership articles on important legal topics and trends....more
The Securities and Exchange Commission (SEC) kept up with their plan to increase enforcement on the sale of crypto assets in filing a complaint against Dragonchain for engaging in an unlawful offer and sale of securities in...more
On 30 June 2022, the European Council (Council) and the European Parliament (Parliament), announced that they had reached a provisional agreement on the proposal for regulation on markets in cryptoassets (MiCA), which covers...more
Last week, the FDIC issued a Financial Institution Letter (“FIL”) related to crypto activities, following in some ways in the footsteps of the OCC in requiring notice to the regulator before engaging in crypto-related...more
On April 4, 2022, the UK government announced plans to become a “global hub” for the cryptoasset industry with proposals for the regulation of stablecoins, development of an NFT (non-fungible token) issued by the Royal Mint,...more
The worldwide emergence of cryptocurrencies has not escaped the Indonesian government's attention and it has announced its intention to regulate crypto-asset transactions. As the relevant authority to supervise commodities in...more
As in other fields of digital transformation, the EU Commission wants to set a standard with its draft regulations for both cryptoassets, and artificial intelligence. But is it ready for the challenge? Both technologies will...more
Bitcoin was first introduced in a 2009 white paper, Bitcoin: A Peer-to-Peer Electronic Cash System. Since then, cryptocurrencies, also known as virtual or digital currencies, have exploded, with thousands of different types...more
On April 16, 2021, in In re Bibox Group Holdings Ltd. Securities Litigation, Judge Denise Cote of the U.S. District Court for the Southern District of New York dismissed a putative class action alleging registration...more
On September 24, 2020 the European Commission (EC) launched proposals for a new EU-wide regime to regulate crypto-assets and distributed ledger technology (DLT) in the financial sector through a Digital Finance Package. Key...more