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Cryptocurrency
Breaking news and analysis exploring how the legal industry and regulators are approaching virtual currency and other blockchain-enabled items.
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'Headaches,' Opportunities Ahead for Corporate and Trade Lawyers Advising Foreign Businesses
By Alyssa Aquino | January 16, 2025
This “is an incredible opportunity for both U.S. and non-U.S. lawyers who want to help companies,” navigate the new environment, said Howard Fischer, a former senior trial counsel at the U.S. Securities and Exchange Commission. The panelists spoke at the New York State Bar Association annual meeting.
1 minute read
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Sullivan & Cromwell Handling FTX Bankruptcy Is Just the Tip of the Iceberg
By Alexander Lugo | November 15, 2022
"Whether it be a federal criminal forum, whether it be the bankruptcy forum, whether it be the regulatory forum, there's going to be a lot of lawyers involved in this no question about it," said Robert Shimberg, a shareholder at Hill Ward Henderson.
4 minute read
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Sylvia Favretto Elevated to Mysten Labs’ General Counsel
By Michael A. Mora | February 4, 2025
“Working in crypto involves operating in gray areas without legal precedent, and the most successful attorneys can make informed decisions quickly even without clarity,” said Sylvia Favretto, general counsel at Mysten Labs.
1 minute read
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Crypto Hacker’s $65 Million Scam Ends in Indictment
By Michael A. Mora | February 3, 2025
“The change in administration certainly means that a different approach to enforcement in the crypto space is coming, but it doesn’t mean that it’s open season on investors," said Mark Kasten, counsel at Buchanan Ingersoll & Rooney.
1 minute read
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'Every MAGA Will Buy It:' Elon Musk Featured in Miami Crypto Lawsuit
By Michael A. Mora | January 31, 2025
The case is backed by Lara T. Gatz, a partner, Daniel A. Sox, of counsel, and Conor D. Cassidy, an associate, at Reed Smith in the Am Law 50 firm’s Miami office.
1 minute read
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NFT Buyers Accuse Nelk Boys of Ripping Them Off
By Michael A. Mora | January 30, 2025
“Based on the allegations, there’s a tension between what’s a failed business idea that was launched in good faith and what’s a nefarious rug pull," said Scott Armstrong, a principal at McGovern Weems and former federal prosecutor.
1 minute read
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Crypto Industry Eyes Legislation to Clarify Regulatory Framework
By Dan Novak | January 29, 2025
“Unless you’ve got a third agency that's going to say, ‘These are security coins and these are commodity coins,’ it doesn't resolve anything,” said law professor Jack Graves. “This [bill] kind of tries to draw a bright line rule between the two. I think they're dreaming because as soon as you draw rules, everybody's going to be in the gray area trying to move the other direction.”
1 minute read
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SEC Official Hints at More Restraint With Industry Bars, Less With Wells Meetings
By Alyssa Aquino | January 29, 2025
Antonia Apps predicted during this year's Securities Enforcement Forum that new agency leadership would be more thoughtful in deciding when to ban individuals from the securities industry, and would be more receptive to Wells meetings.
1 minute read
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Observations on Crypto DEXs and the New Broker Reporting Regulations
By Charles S. Kolstad | January 29, 2025
The inclusion of DEXs and DeFi participants in the definition of "broker" has a number of significant corollary implications.
1 minute read
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Bittensor Hackers, Accused of Stealing Over $28 Million, Face Federal Lawsuit
By Michael A. Mora | January 28, 2025
“There are not more than 100 lawyers in the world who even have the expertise to track this stuff down,” said Franklin L. Zemel, a partner at Saul Ewing and co-chair of the Florida Bar’s Cybersecurity and Privacy Law Committee.
1 minute read
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Digital Assets and the ‘Physical Loss’ Dilemma: How the Fourth Circuit’s Ruling on Crypto Theft Stands at Odds With Modern Realities
By Kevin V. Small and Charlotte E. Leszinske | January 28, 2025
Digital property is, well, not “physical” in the tangible sense. Though it is physical in that it is real and has real value, it cannot be held in your hand. As a result, some courts have elected to rigidly apply vintage caselaw about property insurance to conclude that digital property is not covered, simply because it does not have a corporeal form. Doing so fails to recognize that this caselaw was decided before property could be nonphysical.
1 minute read
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An Uncertain SEC Beats Kraken’s Major Questions Doctrine Defense
By Michael A. Mora | January 27, 2025
“It remains to be seen whether the recent changeover at the SEC, including the appointment of Acting Commissioner Uyeda, will change the way the SEC pursues these cases or the guidance it issues to the cryptocurrency industry,” said Moish Peltz, a partner at Falcon, Rappaport & Berkman who is not involved in the matter.
1 minute read
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