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Blockchain Market Participants

Latham & Watkins LLP

SEC Staff Clarifies That Certain Protocol Staking Activities Do Not Implicate the Registration Requirements of the US Federal...

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The Staff clarifies that protocol staking does not qualify as a security under the Howey Test, clearing the way for market participants to engage in staking....more

Goodwin

Luxembourg Strengthens Its Regulatory Framework for Crypto-Assets with the Implementation of MiCAR

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On 10 February 2025, the law of 6 February 2025 regarding, notably, digital finance was published in the Official Journal of Luxembourg (the “Law”)....more

Latham & Watkins LLP

Global DCA Proposes Information Guidelines for Certain Tokens Made Available in the US

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The resource aims to provide a comprehensive, voluntary framework to enhance transparency in the digital assets market and enable informed decision-making for potential buyers....more

Seward & Kissel LLP

Leash the Kraken: SEC Sues Kraken

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On November 20, 2023, the SEC filed a complaint in the United States District Court for the Northern District of California against Payward, Inc. and Payward Ventures, Inc. which, together, do business as Kraken. The...more

Latham & Watkins LLP

FinCEN Seeks Enhanced Oversight of Crypto Mixing

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A proposed rule would increase Treasury’s insight into non-US crypto mixing transactions to combat illicit activities by malicious actors. On October 19, 2023, the US Department of the Treasury’s Financial Crimes...more

Latham & Watkins LLP

Blockchain Regulatory Certainty Act Would Protect Non-Custodial Crypto Services

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The bipartisan bill would provide a federal safe harbor for non-custodial blockchain service providers from state money transmission and digital asset licensing laws. On March 23, 2023, US House of Representatives...more

Latham & Watkins LLP

NFTs: But is it Art (or a Security)?

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As the market for NFTs heats up, market participants should remain mindful of the regulatory implications of complex schemes. As the current crypto boom has progressed, it seemed Decentralized Finance (DeFi) had cemented...more

Eversheds Sutherland (US) LLP

Digital asset securities: broker-dealer custody issues

As 2020 came to a close, the issue of how digital asset securities can be custodied by US broker-dealers became clearer, at least from a regulatory standpoint. In a release issued pursuant to the Securities Exchange Act of...more

Latham & Watkins LLP

SEC Issues Guidance for Broker-Dealer Custody of Digital Assets

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In a year-end change of course, the SEC identified the minimum steps that broker-dealers must take when acting as custodians of digital asset securities. On December 23, 2020, the US Securities and Exchange Commission (SEC)...more

Latham & Watkins LLP

ISDA’s Legal Guidelines Herald a Smarter Future for Derivatives Contracts

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In a new publication, ISDA explores the benefits of digitization and blockchain solutions for global foreign exchange derivatives markets. As blockchain and distributed ledger technology (DLT) use cases continue to grow...more

Latham & Watkins LLP

SEC’s Crypto Summer Continues

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SEC issues cease-and-desist orders for unregistered token presales and anti-touting violations. Not content to let the dog days of summer slip by, the US Securities and Exchange Commission (SEC) recently issued two...more

Proskauer - Blockchain and the Law

SEC Qualifies Blockstack and YouNow Regulation A Offerings

Blockstack - On July 10, the Securities and Exchange Commission (the “SEC”) qualified Blockstack PBC’s (“Blockstack’s”) offering circular, enabling Blockstack to commence sales and distribution of up to $40 million worth...more

McDermott Will & Schulte

Rapidly Shifting Regulatory Landscape for Virtual Currencies | Market Participants: Stay Tuned

As US regulators have been active in terms of virtual currency regulation, there are three important updates to which attention should be paid. The New York State DFS guidance, the FinCEN letter to Senator Wyden and the...more

Latham & Watkins LLP

SEC: Certain Initial Coin Offerings Are Securities Offerings

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SEC’s investigative report sends clear message that virtual transactions using innovative technologies are subject to the application of securities laws. Introduction - On July 25, 2017, the US Securities and Exchange...more

Eversheds Sutherland (US) LLP

FINRA Holds Regulator Forum on Distributed Ledger Technology

On July 13, 2017, the Financial Industry Regulatory Authority, Inc. (FINRA) held a Blockchain Symposium (the Symposium) in which representatives from a number of US regulators discussed the work they have undertaken to assess...more

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