News & Analysis as of

Cryptoassets Digital Assets Investors

Troutman Pepper

SEC Approves Spot Ether ETFs

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On July 22, 2024, the Securities and Exchange Commission (SEC) declared nine registration statements effective under the Securities Act of 1933 for spot Ether ETFs, clearing the way for the ETFs to begin trading on July 23....more

Orrick, Herrington & Sutcliffe LLP

New York Attorney General issues judgment against crypto-asset firm

On June 14, the New York Attorney General, Letitia James, announced a stipulation and consent to judgment against a crypto-asset company for allegedly misleading investors on the risks of its program. Under the order, the...more

Mayer Brown

SEC Approves Listings of Spot Ether ETFs: Waiting is the Hardest Part

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On May 23, 2024, the Staff of the Securities and Exchange Commission’s Division of Trading and Markets (the “SEC”) approved rule changes (so-called “19b-4 forms”) permitting the listing and trading of eight separate...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - February 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

Orrick, Herrington & Sutcliffe LLP

SEC charges DAO for unregistered sale of crypto smart yield bonds

On December 22, 2023, the SEC announced a settlement with a decentralized autonomous organization (DAO) and a second settlement with its founders. The SEC alleged that the DAO failed to register with the Commission for its...more

Mintz - Securities Litigation Viewpoints

Judge Rakoff puts the Ripple Party on Ice as the Crypto Community and SEC Ponder their Next Moves

Just barely two weeks ago, we wrote about the half-victory for Ripple Labs in its ongoing litigation with the Securities and Exchange Commission (“SEC”), in which Judge Analisa Torres granted partial summary judgment in favor...more

Barnea Jaffa Lande & Co.

Crypto as a Security – Applying the Howey Test

A US court recently handed down a landmark ruling addressing the question of whether the crypto token XRP falls under the definition of “security”. The US court ruled that the same crypto token may be classified differently...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

Dorsey & Whitney LLP

FTX - Billions of Dollars to a Firm with No Controls

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Things change, at least sometimes. Take Crypto assets. They began as a way to “get off the grid.” Over time some came on to the grid as their popularity increased. Others stayed off....more

A&O Shearman

Show me the Cryptocurrency: English High Court Grants Novel Information Orders Against Crypto Exchanges

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The High Court has once again grappled with novel issues raised by disputes concerning cryptoassets, this time in the context of an interim application for information orders....more

Troutman Pepper

SEC Advises Companies to Disclose Crypto Market Exposure

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On December 8, the Securities and Exchange Commission (SEC) issued new guidance for publicly traded companies, advising them to disclose their exposure and risk in the cryptocurrency market to investors....more

Proskauer - Blockchain and the Law

In Response to the White House’s Executive Order, FSOC Releases Digital Asset Stability Report with Legislative Recommendations

On October 3, 2022, the Financial Stability Oversight Council (“FSOC”) – a collaborative body formed under the Dodd-Frank Act composed of state and federal regulators and tasked with identifying risks and responding to...more

Conyers

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

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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

Dechert LLP

The UK Investment Manager Exemption and Cryptoassets – Consultation Document

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As part of wider efforts to make Britain a global hub for cryptoassets technology and investment, on 4 April 2022 the government publicly committed to consult on extending the scope of the UK Investment Manager Exemption (the...more

Clark Hill PLC

Irish Regulated Funds – The Ascent of Crypto

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The European financial regulators continue to warn consumers that many crypto-assets are risky and are not suited for most retail consumers as an investment or as a means of payment or exchange. However, two recent fund...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

Akin Gump Strauss Hauer & Feld LLP

Landmark Legal Statement on Cryptoassets and Smart Contracts

On November 18, 2019, the U.K. Jurisdiction Taskforce (UKJT), one of six taskforces established by the LawTech Delivery Panel (set up by the U.K. government, the judiciary and the Law Society to promote the use of technology...more

Jones Day

Japan Legal Update - Volume 47 | May–June 2019

Jones Day on

Finance - Amendment to the Payment Services Act Tightens Regulation of Crypto Assets - The Payment Services Act ("PSA") and the Financial Instruments and Exchange Act ("FIEA") were amended on May 31, 2019...more

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