Digital currency is an exciting, dynamic and growing technology changing the financial and legal landscapes. To keep pace, corporate counsel must stay abreast of new rules, new regulations, and new applications of blockchain technology. Recognizing this need, Digital Currency + Blockchain Perspectives chronicles industry news, including regulatory developments and other issues affecting our clients and the digital currency industry.

FinCEN Issues Report Addressing NFTs

On February 4, 2022, the Treasury Department’s Financial Crimes Enforcement Network (FINCEN) jumped into the regulatory discussion about non-fungible tokens (“NFTs”)—more with a whisper than a bang—in a report on its Study of the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art. The report…

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tZERO ATS Settlement with SEC: Square Peg/Round Hole or Simple Failure to Follow Existing Rules?

On January 10, 2022, tZERO’s ATS settled a matter with the SEC in which it agreed to an $800,000 fine.  Given the size of the penalty and substantial attention on the SEC’s approach to regulating digital asset securities, readers may have thought that this would present a blockbuster set of…

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DOJ Introduces National Crypto Enforcement Team

Federal Bureau of Investigation Seal

Please note, this is a summary to the article previously published on PYMNTS.com. Cryptocurrency crimes are under the microscope as the U.S. Department of Justice (DOJ) steps up enforcement efforts with the formation of the National Cryptocurrency Enforcement Team (NCET), according to a press release on Thursday (Oct. 7). The…

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Employee Incentive Vehicles for Digital Asset Companies

People are often the most valuable asset for growing technology companies, and attracting and retaining top talent is all-the-more important when dealing with emerging technologies like blockchain and cryptocurrencies.  For most private companies, the path for creating meaningful incentives for service providers is well-trodden—they can use a traditional equity incentive…

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SEC Enforcement Updates: Interim Director Named; Staff Investigative Powers Bolstered; “Bad Boy” Waivers Less Certain

The past few weeks have ushered in signs of what’s likely to come from the SEC’s Division of Enforcement under the Biden Administration, including a greater number of investigations and a tougher path to “bad boy” waivers for issuers.  The SEC’s enforcement program plays a critical role in the agency’s…

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