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.

Central District of California Authorizes Service of John Doe Summons on Cryptocurrency Dealer

On August 15, 2022, the United States District Court for the Central District of California authorized the IRS to serve a “John Doe” summons on Ox Labs Inc., a cryptocurrency prime dealer doing business as SFOX. The John Doe summons calls for Ox Labs to divulge information about U.S. taxpayers who engaged in…

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U.S. Crypto Regulation and the Digital Commodities Consumer Protection Act

Goodwin partner Grant Fondo was recently interviewed on CoinDesk TV in regards to the Digital Commodities Consumer Protection Act that was introduced on Wednesday, August 3, 2022. The proposed legislation suggests that the CFTC should control crypto spot markets, specifically bitcoin and ether, which the bill classifies as commodities. To…

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SEC Alleges "Crypto Asset Securities" Insider Trading; Case Has Significant Implications for the Digital Asset Industry

On July 21, 2022, the SEC charged three individuals with insider trading of digital assets via a scheme to trade ahead of multiple announcements regarding crypto assets being made available on a United States-based digital asset exchange at which one individual was a former product manager. In the complaint, the SEC identifies…

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Is the SEC's Expansion of the "Exchange" and "Dealer" Definitions Part of the Agency's Crypto and DeFi Strategy?

In March 2022, the U.S. Securities and Exchange Commission proposed rules that would greatly expand the Exchange Act definition of “dealer” and essentially kill the distinction between dealers and traders long-recognized by the SEC. The likely outcome is that most proprietary trading firms will need to register with the SEC as…

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Germany Introduces New Rules on Crypto Funds

Germany has introduced a new regulation on crypto fund units (Verordnung über Kryptofondsanteile – KryptoFAV), that allows fund managers to issue fund units on an electronic instead of a physical basis. The new rules come less than one year after the Fund Location Act (Fondsstandortgesetz) allowed institutional investors to invest…

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SEC Publishes Spring Rulemaking Agenda: Torrid Pace Continues; Crypto Framework Noticeably Absent

Goodwin’s Nicholas Losurdo and Christopher Grobbel shared a client alert about the SEC’s recently released Spring 2022 “Reg Flex” agenda, which provides a glimpse into how the agency will prioritize its resources over the coming six months from a policy and rulemaking standpoint. Notably absent from the agenda is any…

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"NFT Indictment” and The Trading of Digital Assets

Federal Bureau of Investigation Seal

In a recent BlockTribune article, Goodwin’s Grant Fondo, David Gardy Ermann, Yoona Lee, Frank DelPesce, and Ahmed Abdelhamid discuss the recent “NFT Indictment” by the United States Attorney’s Office for the Southern District of New York and the FBI in addition to providing practical advice for trading digital assets. Read…

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