News & Analysis as of July 19, 2025

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Virtual Currency (aka Digital Currency or Digital Money) is a type of currency or medium of exchange that is not issued by any government nor guaranteed by a government currency. Despite lacking legal tender status, Virtual Currency is still traded and exchanged in some environments, typically online environments or communities. Bitcoin is the most well-known form of Virtual Currency. less -

SEC Declares Meme Coins Are Not “Securities” In New Statement

A&O Shearman on 3/12/2025

On February 27, 2025, the Securities and Exchange Commission (the “SEC”) issued a statement to provide clarity on the application of federal securities laws to crypto assets by declaring that “meme coins” do not fall under...more

Virtual Currency Ventures: Navigating Tax and Accounting Waters for Success

White and Williams LLP on 9/7/2023

Step into the fascinating world of virtual currencies, where digital marvels like Bitcoin and Dogecoin, have captured the attention of adventurers and investors alike. As you venture into this dynamic realm, it's important to...more

CRPTO Act Cracks Down On CRYPTO

Pietragallo Gordon Alfano Bosick & Raspanti,... on 5/9/2023

Regulators have been slow walking the imposition of cryptocurrency regulation schemes despite multi-billion-dollar thefts and losses. This lack of regulation could be coming to an end…and fast, with the finance capital of the...more

Crypto Trading Platforms and Bankruptcy Law: Are Clients Protected?

Tonkon Torp LLP on 7/21/2022

Cryptocurrency investors, who were already in the icy clutches of the so-called “crypto winter,” now have another reason to shiver. Insolvency issues are cropping up with some frequency among crypto companies, which is...more

Focus on Fintech - Wilson Sonsini Quarterly Fintech Update - July 2022

Wilson Sonsini Goodrich & Rosati on 7/19/2022

Welcome to Wilson Sonsini’s Focus on Fintech quarterly newsletter. This quarterly newsletter provides ongoing analysis and commentary on regulatory developments impacting the fintech industry....more

Tokenization Lawyer – 5 Reasons Why You Might Need One

Oberheiden P.C. on 5/17/2022

What is Tokenization? Tokenization is the process of converting an asset into a token on the blockchain. It operates by dividing—or fractionalizing—the ownership of an asset (whether the asset is a piece of real estate or...more

Eleventh Circuit Overturns Dismissal of Cryptocurrency Ponzi Scheme Class Action Suit

Goodwin on 3/9/2022

IN THIS ISSUE - Eleventh Circuit Overturns Dismissal of Cryptocurrency Ponzi Scheme Class Action Suit; Federal Court of Appeals Dismisses Leading Fannie Mae and Freddie Mac Shareholder Lawsuits; NY Seeks Blockchain...more

Crypto Investment and Payment Products Launch, BiTA Platform Announced, SEC and OFAC Take Crypto Enforcement Actions, FCA Extends...

BakerHostetler on 6/7/2021

Crypto Investment and Payments Products Launch, Payment Data Published - Last week Securitize announced the launch of Securitize Capital, which will serve as an investment manager of digital asset funds for institutional and...more

Market Actors Integrate Cryptocurrency into Payment and Investment Products, More NFTs Launched, SEC Staff Issues Crypto...

BakerHostetler on 5/17/2021

Market Actors Continue to Integrate Cryptocurrency into Payment Systems - According to a press release this week, California-based Silvergate Bank announced that it will become the issuer of Diem USD, a new cryptocurrency...more

Regulating Blockchain

Skadden, Arps, Slate, Meagher & Flom LLP on 5/4/2021

The first 100 days of the Biden administration has coincided with a watershed period in the evolution of blockchain technology and cryptocurrencies. The price of Bitcoin has risen dramatically during that period, triggering...more

Legal Implications of Secondary SAFT Sales

Pillsbury Winthrop Shaw Pittman LLP on 7/7/2020

Simple Agreements for Future Tokens pose difficult and controversial legal questions under U.S. securities, commodities and tax laws. SAFT holders face significant difficulties in securing liquidity, and regulatory issues...more

Blockchain Week in Review - February 2020

Perkins Coie on 2/13/2020

U.S. Developments - SEC Commissioner Proposes Safe Harbor for Token Offerings - In a speech on February 6th at the International Blockchain Congress in Chicago, Securities and Exchange Commission (“SEC”) Commissioner...more

Blockchain Solutions Announced for Financial Services and Supply Chain, ICO Enforcement Actions Continue at State and Federal...

BakerHostetler on 8/12/2019

Blockchain Payment Solutions, Patents and Market Data Announced - Late last week, a major U.S. financial services firm made headlines with several blockchain-related developments. ...more

Blockchain Tokens: The SEC Staff Issues Its Framework for Determining Whether an ICO is an Issuance of Securities

McDermott Will & Emery on 4/10/2019

In its long-awaited guidance, the Staff of the Securities and Exchange Commission recently provided a lengthy list of factors to consider when determining whether an initial coin offering (ICO) is a security. While the...more

New Blockchain Payments Solutions, Business Applications, Investor Opportunities, Regulations and Malware Attacks

BakerHostetler on 3/25/2019

New Blockchain Payments Solutions Announced for Banks, Merchants and the Unbanked - Early this week, a leading global technology firm launched a real-time global payments network for regulated financial institutions....more

Token Offerings: Three Lessons from Airfox and Paragon

Baker Donelson on 1/9/2019

The Securities and Exchange Commission (the "Commission") announced settled charges last November against CarrierEQ Inc., doing business as Airfox and Paragon Coin Inc. ...more

Celebrities Beware: Your Newest #1 Fan May Be the SEC

Bass, Berry & Sims PLC on 12/28/2018

The personal problems of celebrities are often widely publicized. An overlooked beneficiary of such publicity can be the Securities and Exchange Commission (SEC). News of an SEC enforcement action involving a celebrity...more

Crypto Firms Make Inroads with State and Federal Regulators

Sheppard Mullin Richter & Hampton LLP on 10/31/2018

Over the past couple of years, the crypto industry has come under heavy scrutiny from skeptical regulators seeking to root out fraud and protect investors amid the initial coin offering boom that generated over $4 billion in...more

Global Blockchain Developments in Enforcement, Payments, ICOs and Enterprise

BakerHostetler on 10/8/2018

Cryptocurrency Enforcement Actions Continue Across the Globe - On Friday, Sept. 27, the SEC and CFTC charged 1pool Ltd. aka 1Broker and its CEO with offenses related to its actions to solicit U.S. investors to purchase swaps...more

Blockchain Week in Review - September 2018 #3

Perkins Coie on 9/28/2018

Hester Peirce Remarks at Cato Institute Conference - Hester Peirce made remarks at the Cato Institute’s Fintech Unbound conference on September 12, 2018. Commissioner Peirce commented that securities regulators are too risk...more

Increased SEC Enforcement Action and Litigation In the Cryptocurrency Space

Akin Gump Strauss Hauer & Feld LLP on 9/19/2018

As the U.S. Securities and Exchange Commission (SEC) stated previously, it is continuing to scrutinize and commence enforcement actions against companies, advisors and investors involved in the offering of cryptocurrencies...more

Investment Services Regulatory Update - August 2018

Vedder Price on 8/21/2018

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS – OCIE Publishes Risk Alert on Compliance Issues Relating to Best Execution – On July 11, 2018, the Office of Compliance Inspections and...more

SEC denies application for bitcoin-based ETF; Commissioner Peirce dissents

Eversheds Sutherland (US) LLP on 8/1/2018

On July 26, 2018, the US Securities and Exchange Commission (SEC) denied an application for the Winklevoss brothers—of Facebook fame (and fortune)—to launch the first bitcoin-based exchange-traded fund (ETF) that would allow...more

A Summary of the SEC’s Director of Corporation Finance Speech on Cryptocurrencies

Cole Schotz on 6/22/2018

On June 14, 2018, the SEC’s Division of Corporation Finance Director, William Hinman, gave a speech titled “Digital Asset Transactions: When Howey Met Gary (Plastic).” This speech provides additional insight into the SEC’s...more

Top SEC Official Says Ethereum Not a Security, and Gives Long-Awaited Guidance to Coin Promoters

Kilpatrick on 6/18/2018

Yesterday, a senior U.S. Securities and Exchange Commission (SEC) official announced that Ethereum will not be regulated as a security – at least not in its “present state.” The statement was part of a broader speech made...more

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