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Federal Stablecoin Legislation Poised to Implement Comprehensive Regulatory Framework for Payment Stablecoins

The Guiding and Establishing National Innovation for U.S. Stablecoins Act (the “GENIUS Act”), which would comprehensively regulate stablecoins in the United States, was adopted by the U.S. Senate on June 17 by a bipartisan...more

Crypto Regulatory Framework Begins to Take Shape in Congress

The discussion draft of a new crypto market infrastructure bill proposes a new regulatory framework based on shared jurisdiction between the CFTC and SEC, expanded CFTC authority, and new SEC exemptions for token sales and...more

New IRS and FinCEN Reporting Requirements for Businesses that Accept Payments in Digital Assets

Although the Internal Revenue Service (IRS) has postponed broker-related digital asset reporting, a less publicized requirement that applies long-standing reporting rules for physical cash payments to businesses that accept...more

“Regulation by Enforcement” in the Digital Asset Industry: A Lagging Response to Stale Facts

The focus on enforcement has done little to clarify regulatory expectations regarding current facts and market practices. The Securities and Exchange Commission (SEC) has used and continues to use enforcement actions as...more

Digital Asset Custody and the SEC’s Proposed Safeguarding Rule: Significant Potential Implications and Unanswered Questions

On February 15, 2023, the Securities and Exchange Commission (SEC) released a proposed rulemaking (the Proposal) that would transform existing Rule 206(4)-2 (the Custody Rule) under the Investment Advisers Act of 1940 (the...more

2022 Year in Review: Digital Currency and Blockchain Litigation and Enforcement Developments

Throughout a tumultuous 2022, the digital currency and blockchain space saw a number of significant investigation, litigation, and enforcement matters as regulators continue their laser focus on the industry. This Year in...more

CFTC Attempts to Extend Liability to DAO Participants

In a first of its kind enforcement action, the Commodity Futures Trading Commission (“CFTC”) is attempting to hold participating members of a decentralized autonomous organization (“DAO”) liable for alleged violations of the...more

SEC Alleges “Crypto Asset Securities” Insider Trading; Case Has Significant Implications For The Digital Asset Industry

On July 21, 2022, the SEC charged three individuals with insider trading of digital assets via a scheme to trade ahead of multiple announcements regarding crypto assets being made available on a United States-based digital...more

SEC Complaint Against Ripple (XRP) And Possible Regulatory Signals Ahead For 2021

The U.S. Securities & Exchange Commission (“SEC”) filed a complaint against Ripple Labs, Inc. (“Ripple”) and two of its executives, Brad Garlinghouse and Chris Larsen, on December 22, 2020 in the U.S. District Court for the...more

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