News & Analysis as of

Marketing Cryptocurrency

Troutman Pepper Locke

FINRA Continues to Scrutinize Customer Facing Communications on Crypto Offerings

Troutman Pepper Locke on

On July 16, TradeStation Securities, Inc., a member firm of the Financial Industry Regulatory Authority (FINRA), submitted a Letter of Acceptance, Waiver, and Consent (AWC) to FINRA’s Department of Enforcement. This AWC...more

Sheppard Mullin Richter & Hampton LLP

Hawk Thua – Sue that Thing! When Will Celebrities Learn the Risks of Launching Crypto Tokens?

Yet another “celebrity” token memecoin project seeking to leverage a “cultural movement” has become the subject of a lawsuit alleging that the tokens were unregistered securities. A group of plaintiffs recently sued over the...more

Cozen O'Connor

A Helpful Reminder for Broker-Dealers Subject to Examination by the SEC

Cozen O'Connor on

On June 5, 2024, the SEC's Division of Examinations (the Division) released a risk alert regarding the examination of broker-dealers. The alert acknowledges the diversity of the broker-dealer population in the marketplace...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for April 2024

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: •The SEC’s first “Shadow Trading” trial; •SCOTUS’s...more

Davis Wright Tremaine LLP

Investment Adviser Expectations in 2024

Like many other industries, Registered Investment Advisers ("RIAs") have dealt with significant regulatory, technological, and systemic change in recent years. Compared to FINRA-regulated entities, RIAs often face these...more

Oberheiden P.C.

Promoters, Endorsers, and Brokers: Understanding the Rules on Securities and Cryptocurrency Investment Advertising

Oberheiden P.C. on

Promoting securities, cryptocurrency, and other investment opportunities is fraught with legal risks. Individuals who engage in promotional activities must ensure that they have a clear understanding of the federal laws and...more

Katten Muchin Rosenman LLP

UK FCA Publishes Statement on Common Cryptoasset Marketing Issues

On 25 October 2023, the FCA published a statement (Statement) warning about common issues with cryptoasset marketing in the UK. The FCA has been supervising firms’ compliance with its new cryptoasset financial...more

Goodwin

Final Reminder: New UK Crypto Marketing Rules Less Than a Month Away

Goodwin on

As we have discussed previously (see ”First Reminder: Two Months Until New UK Crypto Marketing Rules Take Effect”), starting 8 October 2023, anyone — including a crypto issuer or business based outside the UK — who makes a...more

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - August 2023

The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing on:...more

Goodwin

Doing Crypto Business in Europe: MiCAR, the EU’s New Uniform Crypto Code - Part 2

Goodwin on

As noted in our previous Marketing Crypto-Assets in and Into Europe: MiCAR, the EU’s New Uniform Crypto Code, the European Union (EU) Markets in Crypto-Assets Regulation (MiCAR) was published in the Official Journal of the...more

Cadwalader, Wickersham & Taft LLP

The United Kingdom Introduces New Rules for Marketing Cryptoassets

The UK’s Financial Conduct Authority (“FCA”) has introduced robust new rules for those marketing cryptoassets to UK consumers. In Policy Statement PS23/6, new requirements covering financial promotions for all firms aimed at...more

Goodwin

Marketing Crypto-Assets in and Into Europe: MiCAR, the EU’s New Uniform Crypto Code

Goodwin on

The EU Markets in Crypto-Assets Regulation (MiCAR) was published in the Official Journal of the European Union on 9 June 2023. MiCAR is a the major, step toward an EU-wide uniform code governing crypto-assets, such as BTC,...more

Venable LLP

Court Provides Guidance on Social Influencer Advertising in Ethereum Max Crypto Lawsuit

Venable LLP on

This week, a federal court in California issued an 80-page opinion that painstakingly walks through claims made against several celebrities who had promoted the Ethereum Max (EMAX) cryptocurrency, also called tokens. The...more

DarrowEverett LLP

Should Influencers Be Held Liable for the Promotion of Digital Assets?

DarrowEverett LLP on

The world’s ever-changing technological landscape has led to the formation of new mediums of creativity — mediums that the sports and entertainment industry cannot ignore. Digital currencies, virtual universes, and enhanced...more

Stinson LLP

FTX Fallout: How Sponsorship Partners are Moving Forward

Stinson LLP on

Prior to its collapse, cryptocurrency exchange FTX spent millions in sponsorship dollars securing the naming and promotional rights to National Basketball Association stadiums, Formula 1 organizations, esports teams and...more

Eversheds Sutherland (US) LLP

New FINRA sweep targets crypto marketing

As might be expected, FINRA appears to be aligning itself with the SEC in its assertion of jurisdiction over investments that may not, at the end of the day, be deemed securities. ...more

Wiley Rein LLP

Crypto and Web3 Under Consumer Protection Scrutiny

Wiley Rein LLP on

In the world of crypto and Web3, a great deal of attention has focused on who is responsible for regulation and any sector-specific regulations that would follow: Are tokens securities, commodities, currencies, or something...more

Seward & Kissel LLP

Juul in Denial? Crypto Cash Out, J&J Wait Continues and Healthcare Hard Times Roll On

Seward & Kissel LLP on

Juul Prepares to Seek Financing for Potential Bankruptcy Process | The Wall Street Journal - Juul Labs Inc. has begun discussions with lenders for financing that could assist the company through a potential Chapter 11...more

Proskauer - Advertising Law

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising...

Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more

Proskauer - Blockchain and the Law

UK Financial Conduct Authority Consults on Its Financial Promotion Rules for Cryptoassets and Other High-Risk Investments

On 19 January 2022, the UK Financial Conduct Authority (“FCA”) published a consultation paper (CP22/2) (the “Consultation”) setting out its proposals to strengthen its financial promotion rules for high-risk investments...more

Venable LLP

“Are You Guys Into Crypto????”: Celebrities Promoting Cryptocurrencies Become Class Action Targets

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A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any...more

Foster Garvey PC

Sponsorship Empire Such as Roger Federer’s Sparks an Interesting Debate: Do Celebrities Make the Brand or Do the Brand Make the...

Foster Garvey PC on

- With celebrities continuing to pad their bank accounts through endorsement deals, some questions remain: What makes them an icon? Is it their initial rise to fame or their brand? (See the Roger Federer story below) -...more

Pillsbury - Internet & Social Media Law Blog

Can You #Hashtag the Liability Away?

Social Media has gone from frontier to “settled land of influencers” when it comes to brand promotion. In 2020, social media ad revenues reached $41.5 billion, making up nearly 30 percent of all internet and ad revenue. The...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Recent Senate Hearing Might Mean for a Federal NIL Law as State Laws Go Into Effect on...

Foster Garvey PC on

As we inch closer to the summer solstice here in the Northern Hemisphere (the first day of summer for those of you who were asleep in science class), the heat is not rising only on the thermometer, but also in the halls of...more

Cozen O'Connor

$1 Million Labor Law Citations | Ad Agency Sued Over Opioids | Fake Subscription Renewal Notices

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Opioid Fallout: Ad Agency Sued for Allegedly Helping Purdue Deceptively Market OxyContin - Massachusetts AG Maura Healey sued healthcare marketing company Publicis Health, LLC (“Publicis”) under a theory of public...more

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