News & Analysis as of

Cryptocurrency Institutional Investors

Allen Matkins

Can Investors Themselves Be Liable For A Failure To Register The Offer And Sale Of Securities?

Allen Matkins on

Section 12(a)(1) of the Securities Act of 1933 imposes liability on sellers of securities who violate that Act's registration and prospectus delivery requirements.  Because the statute refers to sellers, it seems unlikely...more

Davis Wright Tremaine LLP

Samuels v. Lido DAO: A Potential New Frontier for Liability in the Cryptocurrency Space

A recent order handed down by U.S. District Judge Vince Chhabria of the Northern District of California could be a new source of concern for digital asset entrepreneurs and the venture capital firms that invest in and support...more

Patton Sullivan Brodehl LLP

The “DAO Jungle” Chronicles: DAO can be Sued as a General Partnership; Token Holders Face Liability

A prior DAO Jungle Chronicles post here covered a 2023 federal District Court opinion from California’s Southern District holding that a complaint adequately alleged a DAO (in that case, bZx DAO) could be sued as a general...more

BakerHostetler

Weekly Blockchain Blog - November 2024 #4

BakerHostetler on

Stablecoin Initiatives Announced by Fintech Companies, DeFi Protocols - Major U.S. payments firm recently announced plans to enable “disbursement partners” to use the PYUSD stablecoin to settle cross-border money...more

Crunched Credit

Regulatory Contagion

Crunched Credit on

Last year, I wrote a commentary entitled Contagion.  That commentary was inspired by the early days of the meltdown of the crypto currency market (long before SBF made the whole space way more notorious with a whiff of...more

Latham & Watkins LLP

Ruling for SEC Clears Path for Continued Litigation in SEC v. Coinbase

Latham & Watkins LLP on

The decision, which addresses a broad range of market activity by Coinbase relating to 13 third-party tokens, could have significant implications for market participants. On March 27, 2024, Judge Katherine Failla of the US...more

Latham & Watkins LLP

SEC v. Ripple: A Tale of Two Token Transaction Types

Latham & Watkins LLP on

A bifurcated decision in a highly anticipated digital assets enforcement action may not provide the clarity that market participants want or need. On July 13, 2023, Judge Analisa Torres of the US District Court for the...more

Farrell Fritz, P.C.

Parting the Crypto Sea: Ripple’s XRP Ruled to be a Security When Sold to Private Investors, But Not When Sold on an Exchange

Farrell Fritz, P.C. on

Judge Analisa Torres’ greatly anticipated Order in the SEC’s lawsuit against Ripple is a split decision.  The Order basically finds that Ripple’s digital token XRP is a security when sold privately to individuals and...more

BakerHostetler

Ripple Decision Makes Waves Finding Some XRP Sales Not Securities

BakerHostetler on

On July 13, 2023, the U.S. District Court for the Southern District of New York issued its highly anticipated summary judgment decision in the U.S. Securities and Exchange Commission’s (SEC) action against Ripple Labs, Inc....more

Cooley LLP

Recent FCA Speeches Reveal Future Strategy Toward Regulation of Fintech and Digital Assets

Cooley LLP on

Two recent speeches delivered by the UK’s financial services regulator, the Financial Conduct Authority (FCA), shed light on how the FCA wants to be perceived when it comes to the regulation of fintech and digital assets...more

Barnea Jaffa Lande & Co.

Crypto Custody Services and Regulation – A Review

Institutional investors, corporations, exchanges, individuals, and crypto miners all have strong demand for crypto custody services, as provided by special market participants. These services intend to safeguard customers’...more

Goodwin

Delaware Chancery Court Clears Musk of Breach of Fiduciary Duty Claim

Goodwin on

On April 27, 2022, the Delaware Court of Chancery in In re Tesla Motors Stockholder Litigation rendered a post-trial verdict finding for Elon Musk, co-founder and CEO of Tesla Motors, Inc., on claims that Musk breached his...more

Robins Kaplan LLP

Financial Daily Dose 11.2.2021 | Top Story: Electric-Truck Maker Rivian to Seek $60B Market Value in Coming IPO

Robins Kaplan LLP on

E-truck maker Rivian Automotive, the Amazon- and Ford-backed startup that’s “received roughly $10.5 billion since the start of 2019” as a private company, is seeking a valuation of “just above $60 billion in its initial...more

Robins Kaplan LLP

Financial Daily Dose 10.8.2021 | Top Story: Tesla Makes Good on Threat to Move HQ from Cali to Texas

Robins Kaplan LLP on

Jobs Report Friday! Here’s what analysts are looking for in the numbers, with the Delta variant’s impact on the recovery still looming large - MarketWatch and NYTimes and WSJ and Bloomberg Elon Musk & Co. are decamping from...more

Robins Kaplan LLP

Financial Daily Dose 8.16.21 | Top Story: Hyatt Hotels to Buy Resort Giant Apple Leisure for $2.7 Billion

Robins Kaplan LLP on

Hyatt Hotels revealed plans this weekend to buy resort company Apple Leisure Group from PE owners KKR and KSL Capital Partners for a reported $2.7 billion. The move is “the latest sign of optimism about a return to vacation...more

Barnea Jaffa Lande & Co.

Decentralized Finance (DeFi) –The Future of Finance?

Barnea Jaffa Lande & Co. on

The first cryptocurrency, Bitcoin, is still the most well-known application of blockchain. However, this technology has since rapidly evolved and expanded in many other areas. The initial hope with Bitcoin was to make both...more

Jones Day

Boosting Blockchain: Germany to Introduce Electronic Securities

Jones Day on

The Situation: The requirement for a paper-based note for issuing securities under the German law has been an obstacle for the use of security tokens in Germany. With the release of a draft bill (the "Bill") permitting the...more

BakerHostetler

Institutional Blockchain and Crypto Adoption Continues, New Supply Chain and Patent Applications, Foreign Cryptocurrency Exchange...

BakerHostetler on

New Capital Market Offerings and Solutions Launch, Courting Institutional Investors - Last week, the Marco Polo network, a blockchain trade finance platform with a strong presence in Europe, Asia and the Middle East,...more

Perkins Coie

Blockchain Week in Review - September 2019

Perkins Coie on

U.S. Developments - VanEck and SolidX to Offer Bitcoin ETF to Qualified Institutional Buyers - On September 3, 2019, VanEck Securities Corp. and SolidX Management LLC announced that they are seeking to use Rule 144A of...more

Vedder Price

Remarks of SEC Commissioner Hester M. Peirce at the ETFs Global Markets Roundtable

Vedder Price on

In her remarks at the ETFs Global Markets Roundtable on May 21, 2019, SEC Commissioner Hester Peirce commented on the role ETFs play in financial experimentation and innovation, and the SEC’s role in protecting investors...more

Proskauer - Blockchain and the Law

Two New Bitcoin ETF Proposals Pending as Cryptocurrency Markets Mature

Two recent proposals for bitcoin exchange-traded funds (“ETFs”) are vying to become the first to receive approval from the U.S. Securities and Exchange Commission (“SEC”) – one filed by CBOE BZX Exchange, Inc. (“CBOE”) and...more

Goodwin

Basis Stablecoin Shuts Down Due To What it Deems A “Serious Negative Impact” of U.S. Securities Regulations

Goodwin on

Basis, one of the most well-funded crypto-startups, had plans to create an algorithmic central bank that aimed to create a price-stable cryptocurrency within a decentralized monetary system. In its April 2018 fundraising...more

Perkins Coie

Blockchain Week in Review - October 2018 #2

Perkins Coie on

U.S. Developments - Regulatory Updates - FinCEN Issues Advisory on Illicit Iranian Activities - On October 11, 2018, the U.S. Treasury Department Financial Crimes Enforcement Network (“FinCEN”) issued an advisory to...more

Goodwin

Overstock Issues First Cryptosecurity

Goodwin on

In January 2014, Overstock.com became the first major online retailer to accept payment in bitcoin. Less than eighteen months later, Overstock is now the first company to offer qualified buyers the option of purchasing...more

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