A complaint filed in federal court will test the boundaries of protection from liability for individuals behind decentralized autonomous organizations.
On May 2, 2022, a putative class action was filed in the US District...more
5/11/2022
/ Blockchain ,
Corporate Counsel ,
Corporate Liability ,
Corporate Veil ,
General Partnerships ,
Hackers ,
Jurisdiction ,
Limited Liability Company (LLC) ,
Negligence ,
Partnerships ,
Phishing Scams ,
Piercing the Corporate Veil ,
Putative Class Actions ,
Respondeat Superior ,
Securities Tokens
The agency just revived its dormant authority to supervise nonbank financial entities that it determines pose risk to consumers.
On April 25, 2022, the Consumer Financial Protection Bureau (CFPB) - the US government...more
The promise of faster and cheaper remittances may accelerate crypto adoption in many emerging markets, including those that have not historically utilized credit and debit payments, notably Latin America.
One of the most...more
On March 28, 2022, the US Securities and Exchange Commission (SEC) proposed rules (Proposing Release) that would require securities market participants that engage in dealer-like activities - such as a proprietary trading...more
Guidance clarifies assessment of liability under Rule 3110, including designation as supervisor, application of reasonableness standard, and factors for and against charging compliance officials.
On March 17, 2022, the...more
On March 9, 2022, President Biden issued an Executive Order on Ensuring Responsible Development of Digital Assets (Order). In the face of rapid advancement in blockchain technology and its applications, the Order asserts that...more
The amended definition could provide a new means for the SEC to regulate crypto platforms.
We previously published a blog post on the set of proposed amendments (Proposal) issued on January 26, 2022, by the Securities...more
The proposal would require certain systems and platforms currently not subject to any registration requirements to register as broker-dealers and ATSs.
On January 26, 2022, the Securities and Exchange Commission (SEC)...more
In a long-awaited paper, the FRB continues its exploratory approach and emphasizes the need for congressional support.
On January 20, 2022, the Board of Governors of the Federal Reserve System (FRB) published its...more
Popular and institutional interest in digital assets, decentralized applications, NFTs, and blockchain technology skyrocketed, and regulators sprinted to catch up.
For the digital asset markets, 2021 was a banner year....more
1/25/2022
/ Bitcoin ,
Blockchain ,
Capital Raising ,
Cryptoassets ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Enforcement ,
Entrepreneurs ,
Environmental Social & Governance (ESG) ,
Federal Reserve ,
Financial Regulatory Agencies ,
FinCEN ,
Non-Fungible Tokens (NFTs) ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Startups ,
Unicorns ,
Venture Capital
The Proposal would have a significant impact on current practices surrounding the use of Rule 10b5-1 plans by public companies and insiders.
On December 15, 2021, the Securities and Exchange Commission (SEC) issued a set...more
1/10/2022
/ 10b5-1 Plans ,
Affirmative Defenses ,
Comment Period ,
Corporate Governance ,
Disclosure Requirements ,
Insider Trading ,
Material Nonpublic Information ,
Proposed Amendments ,
Publicly-Traded Companies ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Regulation
As a major LIBOR transition milestone approaches, a Staff Statement provides key considerations for market participants regarding their obligations.
On December 7, 2021, the Staff of the Securities and Exchange...more
12/13/2021
/ Alternative Reference Rates Committee (ARRC) ,
Asset-Backed Securities ,
Broker-Dealer ,
Investment Adviser ,
Libor ,
Municipal Securities Issuers ,
Publicly-Traded Companies ,
Registered Investment Advisors ,
Regulation Best Interest ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
The industry will have two years to learn the new requirements and develop systems to ensure compliance.
On November 15, 2021, President Biden signed the US$1.2 trillion Infrastructure Investment and Jobs Act into law...more
The report addresses the market risks and regulatory challenges presented by stablecoins and urges Congress to act quickly.
On November 1, 2021, the President’s Working Group on Financial Markets (PWG) in conjunction...more
11/11/2021
/ Biden Administration ,
CFTC ,
Digital Assets ,
Digital Currency ,
FDIC ,
Financial Markets ,
Financial Services Industry ,
FSB ,
FSOC ,
Information Reports ,
IOSCO ,
OCC ,
Prudential Standards ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Factors ,
Securities and Exchange Commission (SEC) ,
Stablecoins
The DOJ’s National Cryptocurrency Enforcement Team and Treasury’s OFAC are setting their sights on cryptocurrency use in cybercrimes.
The US Department of Justice (DOJ) is sharpening its focus on combatting...more
10/29/2021
/ Blockchain ,
Compliance ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement ,
Enforcement Authority ,
Financial Crimes ,
Office of Foreign Assets Control (OFAC) ,
Ransomware ,
SDN List ,
U.S. Treasury ,
Virtual Currency
A wide-ranging report encourages regulators to take a concerted approach to combat climate-related risks to the US financial system.
On October 21, 2021, the Financial Stability Oversight Council (FSOC) published a...more
A new national strategy report aims to combat climate-related risks to the US financial system.
On October 14, 2021, the Biden Administration issued “A Roadmap to Build a Climate-Resilient Economy” (the Roadmap), a...more
10/21/2021
/ Biden Administration ,
Climate Change ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Justice ,
Federal Acquisition Regulations (FAR) ,
Federal Budget ,
Financial Institutions ,
Financial Services Industry ,
FIO ,
Greenhouse Gas Emissions ,
Information Reports ,
Insurance Industry ,
OMB ,
Regulatory Agenda ,
Risk Alert ,
Risk Mitigation ,
Securities and Exchange Commission (SEC)
The global central bank cooperative body envisions stablecoins within the context of international standards for payment, clearing, and settlement systems.
Among the different types of digital assets, global authorities...more
10/20/2021
/ Bureau of Industry and Security (BIS) ,
Committee on Payments and Market Infrastructure (CPMI) ,
Consultation ,
Digital Assets ,
Financial Stability Board ,
Information Reports ,
IOSCO ,
Risk Management ,
Security Risk Assessments ,
Stablecoins ,
U.S. Treasury
A new proposal would amend changes made to ERISA less than a year ago that have proved to be detrimental to ESG investing.
In a sweeping reversal of Trump-era policies, the US Department of Labor (DOL) has issued a...more
10/18/2021
/ Benefit Plan Sponsors ,
Biden Administration ,
Comment Period ,
Corporate Social Responsibility ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fiduciary Duty ,
Investment Management ,
Proposed Regulation ,
Retirement Plan
The Clarity for Digital Tokens Act of 2021 would give token issuers the guardrails they need to innovate with far less regulatory anxiety.
US Securities and Exchange Commission (SEC) Commissioner Hester Peirce has always...more
An ambitious proposal could bring digital assets into the mainstream regulatory fold. During an eventful summer for the digital assets industry, it may have been easy to miss US Representative Don Beyer’s introduction of the...more
9/13/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Central Bank Digital Currency (CBDCs) ,
CFTC ,
Commodities ,
Cryptoassets ,
Digital Assets ,
Enforcement Authority ,
FDIC ,
Federal Reserve ,
Proposed Legislation ,
Regulatory Oversight ,
Reporting Requirements ,
Securities ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
U.S. Treasury
Gary Gensler asserts the SEC’s broad powers over digital assets, and puts consumer protection at the forefront.
On August 3, 2021, Gary Gensler, chairman of the US Securities and Exchange Commission (SEC), gave a speech on...more
8/13/2021
/ Bitcoin ,
Blockchain ,
Broker-Dealer ,
Consumer Financial Products ,
Consumer Protection Laws ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Enforcement ,
Exchange-Traded Products ,
Initial Coin Offering (ICOs) ,
Popular ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Token Sales
A new Executive Order could help open the door for the portability of consumer financial data.
Definitive regulation for open banking may be on the horizon in the US. On July 9, 2021, President Biden issued an Executive...more
As the countdown to the LIBOR sunset enters its final six months, the CFTC staff is trying to help the market transition. With less than six months to go before the London Interbank Offered Rate (LIBOR) expires on December...more
7/23/2021
/ Banking Sector ,
Benchmarks ,
CFTC ,
Derivatives ,
Federal Bank Regulatory Agencies ,
Financial Regulatory Agencies ,
Interest Rate Swaps ,
Interest Rates ,
Libor ,
Secured Overnight Funding Rate (SOFR) ,
Swap Execution Facilities ,
Swaps
A sovereign nation’s decision to adopt Bitcoin as legal tender raises interesting questions — and legal ramifications.
On June 8, 2021, El Salvador’s Legislative Assembly voted to establish Bitcoin as unrestricted legal...more
6/25/2021
/ Article 9 ,
Banking Sector ,
Bitcoin ,
CFTC ,
Commodity Exchange Act (CEA) ,
Cryptocurrency ,
El Salvador ,
Exchange-Traded Products ,
Financial Action Task Force ,
Foreign Currency ,
IRS ,
Money Transfer ,
Multinationals ,
New Legislation ,
Securities and Exchange Commission (SEC) ,
Uniform Commercial Code (UCC)