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Katherine Cooper, a former CFTC attorney and member of our FinTech & Blockchain Practice, speaking on a Cato Institute panel on the CFTC regulation of crypto, entitled “New Technology and Old Rules: Constructing a Crypto Regulatory Framework.” View the full discussion here: https://www.cato.org/events/new-technology-old-rules-constructing-crypto-regulatory-framework
About this Site:
This site is a resource for those interested in legal and regulatory developments in the application of blockchain technology, provided by Murphy & McGonigle. We regularly work with financial services companies that have a stake in legal and regulatory developments impacting blockchain technology. We created this site to provide periodic updates on important developments in the law surrounding blockchain technology.
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Interagency Joint Statement on Crypto-Asset Policy and OCC Interpretive Letter Released the Same Day
by: Stephen T. Gannon, Matthew B. Comstock, Lisa Weingarten Richards | Blockchain Law Center | (11/24/2021)
Banking regulators appear to have begun their “policy sprint” in the crypto space by announcing plans for future guidance and narrowing past guidance.
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Acting OCC Head Calls for "Comprehensive Consolidated Supervision" of Certain Crypto Firms
by: Jonah R. Hecht | Blockchain Law Center | (11/17/2021)
Hsu Calls for Supervision Before a Crisis Emerges
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SEC Commissioner Crenshaw Issues Statement on DeFi
by: Jonah R. Hecht | Blockchain Law Center | (11/10/2021)
Commissioner Discusses the Opportunities and Risks of DeFi
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Client Alert: "Jury Diverges from SEC in Finding That Digital Assets are Not Securities"
by: Katherine Cooper, Thomas P. DeFranco, Daniel M. Payne
The verdict is remarkable for its break with the Securities and Exchange Commission’s position that Hashlets are investment contracts in the action it brought against Mr. Garza in 2015. This difference is demonstrative of the uncertainty which currently characterizes much of the regulatory landscape facing individuals and entities operating in the cryptocurrency space.
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DOJ’s New Crypto Task Force – Ten Risks to Look Out For
by: Joseph P. Facciponti, Steven D. Feldman, Elizabeth Lan Davis, Robertson Park, Stephen T. Gannon
On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced the creation of a National Cryptocurrency Enforcement Team ("NCET"), designed to lead complex investigations and prosecutions of criminal misuses of cryptocurrency, including crimes committed by virtual currency exchanges, mixing and tumbling services, and money laundering infrastructure actors. The NCET will be a central part of a nationwide enforcement effort to combat the use of cryptocurrency for illicit activities, including identifying areas for increased investigative and prosecutorial focus, such as financial institutions working with cryptocurrency.
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Matthew Comstock of the firm’s FinTech & Blockchain Practice authored an article regarding Securities and Exchange Commission jurisdiction over crypto assets in the Expert Analysis section of Law360 (8/26/21). In the article, Mr. Comstock analyzes the SEC’s stance on cryptocurrency and provides expert insight as to why the SEC believes it is uniquely qualified to protect the investing public.
Blockchain Litigation Database
The Blockchain Litigation Database tracks blockchain and cryptocurrency-related litigation using a data-based, analytical approach to enable subscribers to follow the development of the case law, analyze legal risks, perform due diligence on counterparties, and more.