Tag Archives: Digital Assets

Crypto Market Data Published; Digital Assets RFI Issued; BIS Addresses DeFi; NY DFS Issues Crypto Guidance; SEC Brings Crypto Actions; FBI Addresses Hacks

By Amos Kim, Veronica Reynolds, Lauren Bass, Christopher Lamb, Robert A. Musiala, Teresa Goody Guillén and Joanna F. Wasick on January 27, 2023 Posted in Cryptocurrency

In this issue: Reports Address Crypto Ownership, Stablecoins and Dapp Adoption By Amos Kim Recent reports provide new data on various areas of the digital asset market. In one report, a survey published by a cryptocurrency trading platform found “a significant rise in crypto ownership among young women.” Among other things, the survey found that … Continue Reading

Treasury Plans Significant Actions to Curb Illicit Digital Asset Financing

By Jonathan A. Forman, Robert A. Musiala and Christina Gotsis on October 19, 2022 Posted in Alert

As part of a coordinated effort with the U.S. Secretary of State, Attorney General, Secretary of Commerce, Secretary of Homeland Security, Director of the Office of Management and Budget, Director of National Intelligence, and heads of other relevant agencies, Treasury developed the Action Plan to detail the evolving threats and risks facing the digital asset … Continue Reading

White House Outlines Key Action Items Based on EO Reports Addressing Digital Assets

By Kevin Edgar, Jonathan A. Forman, Adam Gale and Robert A. Musiala on September 29, 2022 Posted in Blockchain

On Sept. 16, 2022, the White House released a Fact Sheet providing key findings and action items arising from the nine reports addressing digital assets that have been submitted to the president to date consistent with the EO. The Fact Sheet provides a list of various directives and initiatives that the Administration plans to take … Continue Reading

Top 5 Digital Asset Litigation and Investigation Trends of 2022

By George Stamboulidis and Christina Gotsis on August 29, 2022 Posted in Cryptocurrency

Digital assets have pushed courts to adapt traditional litigation procedures to provide relief to defrauded plaintiffs. Government agencies have also ramped up enforcement efforts while increasing agency coordination, broadening investigative scopes and using special tools to root out digital asset fraud. Cryptocurrency and digital assets have kept the courts and regulators busy as digital assets … Continue Reading

DOJ Calls on International Partners to Improve Investigative Efficiency in Response to President Biden’s Executive Order on Risks Involving Digital Assets

By Carlos Ortiz, Robert A. Musiala, Teresa Goody Guillén, John J. Carney, Christina Gotsis, Veronica Reynolds and Kayley Sullivan on June 30, 2022 Posted in Blockchain

In June 2022, the Department of Justice (DOJ) issued a report (Report) recommending increased cooperation among international law enforcement agencies to combat threats and crime related to the use and proliferation of digital assets and to address obstacles unique to the asset class. Specific actions recommended by the Report include expanding U.S. relationships with international … Continue Reading

Proposed Federal Crypto Legislation Supported by Digital Asset Ecosystem; Consumer Advocacy Groups Balk

By Teresa Goody Guillén, Kevin Edgar, Veronica Reynolds, Nicholas C. Mowbray, Michelle Tanney and Alex Karambelas on June 15, 2022 Posted in Cryptocurrency

On June 7, Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced S. 4356, the Responsible Financial Innovation Act (Lummis-Gillibrand Bill). If enacted, the legislation would create a regulatory framework for federal oversight of digital assets. In a jointly authored blog post published in conjunction with the introduced bill, Senators Lummis and Gillibrand warned that … Continue Reading

Crypto Payment Initiatives Launch; Report Cites Evolving Crypto Views; G7, ECB, BIS Address Crypto Risks; DOJ, CFTC Target NFT Insider Trading, Crypto Fraud

By Robert A. Musiala, Lauren Bass, Veronica Reynolds, Keith R. Murphy and Teresa Goody Guillén on June 3, 2022 Posted in Blockchain

In this issue: • New Cryptocurrency Payments Systems, Tokens and Trade Associations Launch• Cryptocurrency Industry Report Notes Change in Consumer and Insider Views• Digital Asset and Blockchain Risks and Opportunities Addressed by G7, ECB, BIS• DOJ Brings First NFT Insider Trading Case, CFTC Action Targets Crypto Fraud New Cryptocurrency Payments Systems, Tokens and Trade Associations … Continue Reading

Executive Order Launches Comprehensive US Policy and Action Plan for Digital Assets

By Robert A. Musiala, Teresa Goody Guillén, Joanna F. Wasick, Veronica Reynolds, Kevin Edgar, Jonathan A. Forman and Adam Gale on March 17, 2022 Posted in Blockchain, Cryptocurrency

On March 9, 2022, President Joe Biden signed the Executive Order on Ensuring Responsible Development of Digital Assets (EO) and the White House released a corresponding fact sheet summarizing related key policy objectives. As discussed in more detail here, this is a landmark moment for the U.S. cryptocurrency market. … Continue Reading

The Four Areas Online Merchants and E-Commerce Companies Must Know About Cryptocurrency

By Jeewon Serrato and Robert A. Musiala on December 2, 2021 Posted in Cryptocurrency

Partner Jeewon Serrato and Counsel Rob Musiala discuss what online merchants and e-commerce companies should know about cryptocurrency. Questions & Comments: jserrato@bakerlaw.com, rmusiala@bakerlaw.com Listen to the episode. Subscribe to BakerHosts Apple Podcast | Google Podcast | iHeartRadio | Spotify | Stitcher | TuneIn Download Episode Transcript… Continue Reading

SEC Scrutinizes Use of Fintech by Broker-Dealers and Investment Advisers

By Teresa Goody Guillén, Jonathan A. Forman and Madison Gaudreau on September 2, 2021 Posted in FinTech, Securities & Exchange Commission

The Securities and Exchange Commission (“SEC”) recently issued a request for information and public comment on the use of new and emerging technologies by investment advisers and broker-dealers that suggests potential regulatory action to come.[1] According to its release, the SEC is seeking to understand how registrants — whether online brokerages, robo-advisers, internet investment advisers, … Continue Reading

Cryptocurrency and NFT Market Growth Continues, Regulators Across Globe Target Crypto Industry as Threats Continue, Global Blockchain Survey Published

By Robert A. Musiala, Veronica Reynolds, Lauren Bass, Teresa Goody Guillén, Keith R. Murphy and Joanna F. Wasick on August 27, 2021 Posted in Banking, Bitcoin, Blockchain, Cryptocurrency, Cybersecurity, Enforcement, Global, NFT, Securities & Exchange Commission

In this issue: •Crypto Market Develops in DeFi, Payments, Compliance and Consumer Adoption • Market Navigation, Fashion Metaverse, Online Tutorials: NFT Adoption Continues • Crypto Compliance Addressed by CFTC, Thai SEC, South Korea and UK FCA • SEC, DOJ and Ontario Securities Commission Bring Crypto Enforcement Actions • Reports Released on Crypto Scams and Malware, … Continue Reading

FinCEN Proposes New Crypto Record-Keeping Rules; SEC and CFTC Issue Digital Asset Guidance; SEC Closes 2020 With Multiple Enforcement Actions Against Blockchain Firms

By Robert A. Musiala on January 5, 2021 Posted in Blockchain, Cryptocurrency, Enforcement

In this issue: • FinCEN Proposed Rule Creates New Cryptocurrency Record-Keeping Requirements • SEC Issues Statement on Digital Asset Custody, CFTC Issues Digital Assets Primer • SEC Closes 2020 With Multiple Blockchain Industry Enforcement Actions FinCEN Proposed Rule Creates New Cryptocurrency Record-Keeping Requirements By: Robert A. Musiala Jr. On Dec. 18, 2020, the Financial Crimes … Continue Reading

Telegram: Deconstructing One of the Biggest Blockchain Cases of 2020

By Robert A. Musiala, John Harrington, Teresa Goody Guillén, Adam Gale, Jonathan A. Forman and Veronica Reynolds on December 14, 2020 Posted in Blockchain

The Telegram case is arguably the most important case of 2020 involving the legal classification of blockchain-based digital assets. Because it is often cost-prohibitive for companies to challenge the government in court, the Telegram litigation offered a unique opportunity for the parties to present arguments on several complex legal issues. Given the lack of judicial … Continue Reading

US Credit Card Company to Integrate USDC, SEC No-Action Letter Addresses ERC20 Token, Tax Bodies Address Crypto, US and State Enforcement Continues

By Jordan R. Silversmith, Teresa Goody Guillén, Robert A. Musiala and Joanna F. Wasick on December 4, 2020 Posted in Bitcoin, Blockchain, Cryptocurrency

In this issue: • Credit Card Company to Integrate USDC Payments, 401(k) Advisor Integrates Bitcoin • SEC Issues No-Action Letter on Digital Assets, Second Addresses ERC20 Token • FinHub Role Expands, Foreign IPO and Lending Service Integrates Crypto • Tax Bodies Address Cryptocurrencies, Exchanges React to Evolving Landscape • US and State Enforcement Agencies Take … Continue Reading

SEC Wins Case Against Kik and Adds Precedent for Digital Assets

By Adam Gale, Teresa Goody Guillén, Robert A. Musiala and Jonathan A. Forman on October 12, 2020 Posted in Securities & Exchange Commission

On Sept. 30, the United States District Court for the Southern District of New York granted the U.S. Securities and Exchange Commission’s (SEC) motion for sum mary judgment against Kik Interactive Inc. (Kik) and denied Kik’s cross-motion for summary judgment. As we previously reported, the SEC challenged Kik’s compliance with the federal securities laws in … Continue Reading

Digital Asset Platforms Evolve, Token Models Confront Complexities, WEF Issues Blockchain Toolkit, Foreign Crypto Crimes Uncovered, AML Solution Launched

By Teresa Goody Guillén, Marc Powers, Jordan R. Silversmith and Joanna F. Wasick on May 1, 2020 Posted in Cryptocurrency, Platforms

In this issue: • Digital Asset Marketplaces Evolve in US, Japan and Switzerland • Blockchain Token Models Confront Legal Complexities in US Filings and Court Cases • WEF Issues Blockchain Toolkit, New Enterprise Solutions Announced • Foreign Police Uncover Crypto Crimes, Analytics Firm Launches AML Solution for Banks • Tether Mints 160 Million USDT as … Continue Reading