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Cryptoassets Digital Assets Investment

Walkers

Global Legal Insights FinTech 2024: Ireland chapter

Walkers on

The Irish government has been supportive of the development of the financial services sector in Ireland and this extends to fintech. The government’s strategy for the development of Ireland’s international financial services...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - June 2024 Updates

CryptoLink is a compilation of news stories published by outside organizations. Akin aggregates the stories, but the information contained in them does not necessarily represent the beliefs or opinions of the firm. Akin's...more

Mintz

SEC’s Enforcement Authority Over Crypto Asset Transactions Upheld (Again) in Case Against Coinbase

Mintz on

On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. (collectively, “Coinbase”) for judgment...more

Goodwin

Acquiring or Investing in EU Crypto-Asset Businesses: Further Clarity on MiCA

Goodwin on

In our previous alert “Acquiring or Investing in EU Crypto-Asset Businesses: MiCA’s Impact,” we discussed the impact of the European Union (EU) Markets in Crypto-Assets Regulation (MiCA) on the acquisition or investment in EU...more

Troutman Pepper

FINRA Finds Potential Rule Violations in Crypto Asset Sweep

Troutman Pepper on

In November 2022, the Financial Industry Regulatory Authority (FINRA) launched a targeted crypto asset sweep, reviewing more than 500 retail communications related to crypto assets from member firms....more

Akin Gump Strauss Hauer & Feld LLP

UK Enacts Legislation to Bring Cryptoassets Within Scope of Existing Financial Services Regulatory Regime

In a move with significant implications for the crypto sector, the UK has enacted legislation to bring cryptoassets within the scope of the existing financial services regulatory regime. The relevant provisions of the...more

Dechert LLP

The Southern District of New York Splits on Whether a Digital Token is a “Security”

Dechert LLP on

In the latest decision evaluating the application of federal securities laws to the digital asset context, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York (“SDNY”) ruled in favor...more

Mayer Brown Free Writings + Perspectives

Ripple is Not a Tidal Wave – the SEC’s Case Against Terraform Labs Provides a Quick Counterpoint to the Recent Ripple Ruling

Just weeks after the novel securities analysis in SEC v. Ripple Labs was handed down by Judge Analisa Torres, a different judge in the Southern District of New York has distinguished the approach taken in Ripple and argued...more

Patterson Belknap Webb & Tyler LLP

SEC v. Ripple Labs: Analysis of Summary Judgment Opinion

Under the helm of SEC Chairman Gary Gensler, the Securities and Exchange Commission has argued that many cryptocurrencies qualify as “securities” under federal law, and therefore fall within the SEC’s bailiwick....more

Dechert LLP

UK Law Commission Recommends Reforms for Digital Assets

Dechert LLP on

In 2020, the UK Government asked the Law Commission to review the legal status of digital assets in England and Wales, with the aim of making the UK an attractive jurisdiction for crypto development and investment. The Law...more

The Volkov Law Group

The SEC Sues Cryptocurrency Exchange Binance Alleging Sweeping Securities Violations

The Volkov Law Group on

In a complaint filed June 5, 2023, the U.S. Securities and Exchange Commission (“SEC”) is suing the world’s larged cryptocurrency exchange – Binance Holdings Ltd. (“Binance”), BAM Trading Services Inc. (“BAM Trading”), BAM...more

Bracewell LLP

FINRA Facts and Trends: May 2023

Bracewell LLP on

Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This...more

Stinson LLP

FTX Fallout: How Sponsorship Partners are Moving Forward

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Prior to its collapse, cryptocurrency exchange FTX spent millions in sponsorship dollars securing the naming and promotional rights to National Basketball Association stadiums, Formula 1 organizations, esports teams and...more

Cadwalader, Wickersham & Taft LLP

UK Government Consults on Expanding the Cryptoasset Regulatory Perimeter

The UK Government (Treasury) has published a consultation and call for evidence on a ‘Future financial services regulatory regime for cryptoassets’ which sets out what is being called ‘phase 2’ of the UK’s approach to...more

Patterson Belknap Webb & Tyler LLP

SEC v. LBRY, Inc.: Federal Court Finds LBRY’s Crypto Token as a Security

It is no secret that over the last several years, there has been an exponential increase in the utilization of blockchain and digital assets. Crypto trading and lending platforms have grown rapidly and the total crypto market...more

Proskauer - Blockchain and the Law

Custodia Bank Is, Once Again, Asking for a Federal Reserve Master Account

On December 12, 2022, Custodia Bank (“Custodia”) – a state-chartered, digital asset-focused bank based in Wyoming – was denied its motion for a default judgment in its battle with the Federal Reserve Board of Governors (the...more

Sullivan & Worcester

Zero Degrees Celsius: The Effects of a "Crypto Winter" and Celsius’ Bankruptcy on Crypto Customers

Sullivan & Worcester on

Part 1 – Celsius Bankruptcy - The Celsius Network was conceptualized as an alternative to conventional banking, offering its customers return rates of up to 20% on deposits of digital assets, and providing digital...more

Walkers

Issues and Strategies: Trustees, Digital Assets and Fiduciary Duties

Walkers on

Notwithstanding the turbulent past few months, which have seen roughly $2 trillion worth of value disappear from the digital asset ecosystem, we are still seeing an increase in enquiries by high net worth individuals...more

Conyers

The Cayman Islands and British Virgin Islands – Good Alternatives for a Crypto Fund

Conyers on

A recent report published by AIMA, the 4th AIMA Annual Global Crypto Hedge Fund Report 2022, highlighted the continued growth in the AUM being allocated to this asset class during 2021....more

ArentFox Schiff

First-of-a-Kind Crypto Insider Trading Prosecution: SEC-v-Wahi et al Action May Have Broad Implications Across the Digital Asset...

ArentFox Schiff on

As use of cryptocurrency investment has increased throughout the world, regulators have faced a bevy of novel questions, especially related to applying different strains of law to regulate novel digital assets. To date,...more

K&L Gates LLP

Brussels Regulatory Brief: July 2022

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ANTITRUST AND COMPETITION - European Union General Court Confirms the European Commission’s Ability to Review Certain Transactions Even When They Fall below the European Union and Member States’ Merger Filing Thresholds - On...more

Cadwalader, Wickersham & Taft LLP

OECD Cryptoasset Reporting Framework

On 22 March 2022, the Organisation for Economic Co-operation and Development (“OECD”) published a public consultation document proposing new and amended reporting requirements with respect to cryptoassets and electronic-money...more

Cadwalader, Wickersham & Taft LLP

FDIC Weighs In on Crypto Activities

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

Burns & Levinson LLP

Department of Labor Issues New Guidance on Cryptocurrency In Retirement Plans

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The U.S. Department of Labor issued Compliance Release No. 2022-01 on March 10, 2022, raising “serious concerns” over the prudence of retirement plan fiduciaries’ investing in cryptocurrencies, and cautioning plan fiduciaries...more

K&L Gates LLP

Luxembourg Financial Services Regulator CSSF Issues FAQ on Investments in Virtual Assets by Undertakings in Collective Investments...

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Like other financial centers, Luxembourg has recently seen a strongly growing interest in investments in new technologies, including virtual assets such as digital tokens. Complementary to that interest is a growing strong...more

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