The U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (CorpFin) recently issued guidance (Guidance), including a “Dear Issuer” Sample Letter (Sample Letter) to assist companies in meeting their...more
New Research and Surveys Address CBDCs, Institutional Crypto Investment -
Staff from the board of governors of the U.S. central bank recently published a research paper addressing central bank digital currencies (CBDCs)....more
12/5/2022
/ Banking Sector ,
Bitcoin Mining ,
Central Bank Digital Currency (CBDCs) ,
Cryptoassets ,
Cryptocurrency ,
Data Collection ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
Digital Wallets ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Initial Coin Offering (ICOs) ,
Intellectual Property Protection ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
USPTO
New Crypto Products Launch in Custody, Cloud Collaborations and Stablecoins -
This week, a major U.S. financial institution announced that its Digital Asset Custody platform is now live in the United States. According to...more
10/17/2022
/ Bitcoin ,
Blockchain ,
Crypto Exchanges ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Financial Stability Board ,
FinCEN ,
Fines ,
Government Investigations ,
Hackers ,
Non-Fungible Tokens (NFTs) ,
OECD ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Statutory Violations
Takeaways -
..U.S. Securities and Exchange Commission (SEC, or Commission) Chair Gary Gensler reaffirmed his view that the “vast majority” of cryptocurrency tokens are securities, and recent agency enforcement actions...more
On July 25, 2022, the Securities and Exchange Commission (SEC or the Commission) made headlines announcing insider trading charges against 10 individuals across four separate cases, signaling an increased and renewed focus on...more
Significant parallel actions commenced this week by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) bring crypto fraud enforcement into the spotlight, with the SEC alleging that multiple...more
7/25/2022
/ Coinbase ,
Criminal Prosecution ,
Cryptoassets ,
Department of Justice (DOJ) ,
Digital Wallets ,
Enforcement Actions ,
Ethereum ,
Howey ,
Illegal Tipping ,
Indictments ,
Insider Trading ,
Material Nonpublic Information ,
Proposed Rules ,
Rule 10(b) ,
Rule 10b-5 ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Tokens ,
Securities Violations
Our 2022 Data Security Incident Response Report discussed the increased regulatory scrutiny of cybersecurity incidents and defenses following a year of high-profile and damaging cyberattacks, including the Russia-based...more
According to reports, a major U.S.-based global investment bank has allowed a borrower to use bitcoin as collateral for a cash loan, for the first time in the bank’s history. In other financial news, according to reports, the...more
5/9/2022
/ Banks ,
Bitcoin ,
Bitcoin Mining ,
Blockchain ,
Collateral ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Environmental Protection Agency (EPA) ,
FinCEN ,
Fraud ,
Hackers ,
Non-Fungible Tokens (NFTs) ,
NYDFS ,
Patriot Act ,
Retailers ,
Securities and Exchange Commission (SEC)
Key Takeaways -
..SEC enforcement actions related to crypto and cyber are expected to significantly increase with the additional 20 staff assigned to the Division of Enforcement unit dedicated to these industries....more
Crypto Payment Initiatives Announced in Stablecoins, Lightning Network, Mining -
Late last week, the issuer of USD Coin (USDC) announced that it had selected a major U.S. bank as a primary custodian for USDC reserves....more
4/11/2022
/ Bitcoin ,
Bitcoin Mining ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Distributed Ledger Technology (DLT) ,
Economic Sanctions ,
HM Treasury ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Proposed Legislation ,
Russia ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
UK ,
Ukraine ,
United Nations
Key Takeaways -
..The court denied Ripple’s senior executives’ motions to dismiss, finding that the SEC had met its pleading burden.
..The court also denied the SEC’s motion to strike Ripple’s fair-notice affirmative...more
On March 9, 2022, the SEC released proposed rules intended to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and cyber incident reporting by companies that are subject to the...more
3/14/2022
/ Comment Period ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Foreign Private Issuers ,
Form 8-K ,
Policies and Procedures ,
Proposed Rules ,
Publicly-Traded Companies ,
Regulation S-K ,
Risk Management ,
Securities and Exchange Commission (SEC)
Traditional Financial Firms Expand Reach into Cryptocurrency Sphere -
Early this week, a major investment bank announced that it plans to launch a digital asset custody platform later this year. This announcement follows...more
3/7/2022
/ Charitable Donations ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Donations ,
Enforcement Actions ,
Enforcement Priorities ,
FATF ,
Non-Fungible Tokens (NFTs) ,
Ponzi Scheme ,
Popular ,
Securities and Exchange Commission (SEC) ,
Ukraine
As one of its latest enforcement actions, the Securities and Exchange Commission (“SEC” or “Commission”) continued its push into the fintech space by charging an alternative data provider with securities fraud for the first...more
CBDC Initiatives Announced, Blockchain Trade Finance Platform Launches - This week, the Bank for International Settlements (BIS) announced Project Dunbar, an initiative in which BIS will collaborate with the Reserve Bank of...more
9/7/2021
/ Bitcoin ,
Blockchain ,
Central Bank Digital Currency (CBDCs) ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Financial Markets ,
Fraud ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
The Securities and Exchange Commission (“SEC”) recently issued a request for information and public comment on the use of new and emerging technologies by investment advisers and broker-dealers that suggests potential...more
Crypto Market Develops in DeFi, Payments, Compliance and Consumer Adoption - A large institutional financial and media conglomerate recently announced a partnership with a major financial services and investment management...more
8/30/2021
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Digital Currency ,
Financial Markets ,
Non-Fungible Tokens (NFTs) ,
Online Marketplace ,
Popular ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
Crypto Firms Pursue Bank Charters, Traditional Financial Firms Integrate Crypto - This week, the Wyoming Division of Banking granted a new Special Purpose Depository Institution (SPDI) bank charter to Commercium Financial...more
In a speech before the Aspen Security Forum on August 3, 2021, Securities and Exchange Commission (“SEC” or “Commission”) Chair Gary Gensler urged lawmakers to provide him with the power to police cryptocurrency trading,...more
The push on environmental, social, and governance (“ESG”) disclosures has increased in the past several years, with these disclosures becoming a particular focus of the Biden Administration, the Securities and Exchange...more
The Securities and Exchange Commission (“SEC” or “Commission”) recently issued a stark reminder to regulated persons that it will pursue enforcement actions if they prevent whistleblowers from communicating with the SEC or...more
Many companies registered with the Securities and Exchange Commission (“SEC” or “Commission”), whether as a public company, an investment adviser, or a broker-dealer, will undergo an inquiry or a formal investigation by the...more
NFT Initiatives Continue, Cryptocurrency Advertising Restrictions Ease - In New Dehli, a blockchain-powered platform is hosting an exhibition displaying 27 art pieces by Bengal-born artist Lalu Prasad Shaw. According to a...more
On June 14, 2021, the U.S. Securities and Exchange Commission (SEC or Commission) settled charges against an issuer for disclosure controls and procedures violations relating to a cybersecurity vulnerability that exposed...more
Reports Address CBDCs and Security Tokens, Banks Launch Crypto Initiatives - A recent report released by the Bank for International Settlements (BIS) analyzes results from a survey of 50 central banks in the first quarter of...more
6/21/2021
/ Bitcoin ,
Blockchain ,
Central Bank Digital Currency (CBDCs) ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Financial Markets ,
Fraud ,
Initial Coin Offering (ICOs) ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Virtual Currency