News & Analysis as of August 20, 2025

Corporate Counsel

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Inside the Courts – An Update From Skadden Securities Litigators - February 2025

Skadden, Arps, Slate, Meagher & Flom LLP on 2/27/2025

Key Points - - In 2024, securities litigation remained consistent with historical averages, with a slight increase in core filings and cases related to COVID-19 and artificial intelligence. - The U.S. Supreme Court had an...more

Top 5 SEC Enforcement Developments for August 2024

Morrison & Foerster LLP on 9/25/2024

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 case against crypto firm Kraken is permitted to...more

Ripple Case Reaches Final Judgment as Digital Assets Law Continues to Evolve

BakerHostetler on 8/12/2024

On Aug. 7, the U.S. District Court for the Southern District of New York issued its judgment in U.S. Securities and Exchange Commission v. Ripple Labs, Inc., marking the end of district court- level proceedings in the highly...more

U.S. District Court Signals That In Certain Cases, NFTs May Qualify as Securities

BakerHostetler on 3/7/2023

Dapper Labs was founded in 2018 shortly after the debut of its first NFT collection, “CryptoKitties,” which was so successful it created a bottleneck of transactions on the decentralized Ethereum Network. Seeking faster...more

Blockchain & Cryptocurrency Regulation: Canada

Stikeman Elliott LLP on 11/2/2022

Government attitude and definition - As in many countries, the regulation of cryptocurrencies in Canada is divided among various levels of government and administrative agencies, depending on the nature of the activity...more

All Your Ether (Are) Belong To US: SEC Claims Jurisdiction Over Entire Ethereum (ETH) Network

ArentFox Schiff on 10/13/2022

The US Securities and Exchange Commission (SEC) has filed an enforcement action against crypto influencer Ian Balina in the Western District of Texas alleging that he promoted unregistered securities in connection with the...more

European Digital Compliance: Key Digital Regulation & Compliance Developments - October 2022

Morrison & Foerster LLP on 10/12/2022

To help organisations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

UK High Court Rules on Liability of Bitcoin Software Developers

Latham & Watkins LLP on 5/31/2022

The Court held that software developers do not owe a duty of care to bitcoin owners who lost their private keys. In Tulip Trading Ltd (TTL) v. Bitcoin Association for BSV and others, TTL claimed that personal computers of...more

Can Some NFTs be Considered Securities? The SEC Is Watching

Tonkon Torp LLP on 3/31/2022

The U.S. Securities and Exchange Commission (SEC) is ramping up its investigation and potential enforcement activities against sellers of nonfungible tokens (NFTs) and marketplaces that connect buyers and sellers. Regulators...more

Blockchain, Cryptocurrency and Non-fungible Token Litigation Primer: A Tort Class Action

McGuireWoods LLP on 3/16/2022

A Feb. 28, 2022, McGuireWoods alert discussing a recent case concerning non-fungible tokens (NFTs) and breach-of-contract claims suggested that future litigation over digital assets — especially as it relates to tort claims...more

Blockchain, Cryptocurrency and Non-fungible Token Litigation Primer: A Look at McKimmy v. OpenSea

McGuireWoods LLP on 3/1/2022

Since 2020, the market for non-fungible tokens (NFTs) has grown rapidly. NFTs are units of data stored in a distributed ledger that represent unique collectibles, artwork or other property and can be sold and traded. (For a...more

Class Certification Analysis in a Cryptocurrency Case: Williams v. Kucoin

Foley & Lardner LLP on 12/8/2021

A recent class certification decision out of the Southern District of New York provides insights on how courts will analyze the requirements for class certification, at least at the initial stage, in cases involving...more

Telegram TRO Sends Strong Message to Digital Token Issuers

Farrell Fritz, P.C. on 10/28/2019

On October 11, 2019, the Securities and Exchange Commission (the “Commission”) announced it filed a complaint and obtained a temporary restraining order against Telegram Group Inc. and its wholly-owned subsidiary TON Issuer...more

The Current State of Cryptocurrency Enforcement and Securities Litigation

Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2019

On April 24, 2019, Skadden hosted a webinar titled “The Current State of Cryptocurrency Enforcement and Securities Litigation.” The presented topics largely focused on the SEC’s evolving regulatory approach to cryptocurrency...more

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts

Skadden, Arps, Slate, Meagher & Flom LLP on 10/16/2018

This is the inaugural issue of The Distributed Ledger, a periodic publication covering the latest trends and developments in blockchain technology, digital assets and smart contracts. In this edition, we examine a federal...more

Judges, Guns, And Facebook: Social Media Lessons For Businesses From The Tactical Firearms Case

Adams and Reese LLP on 5/1/2015

Over the past few weeks, the internet has been abuzz over the battle raging between Jeremy Alcede, the former majority owner of CTIL, LLC, dba Tactical Firearms (the debtor), and the Bankruptcy Court for the Southern District...more

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