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CFTC Reaffirms Stance on Digital Currencies; Expresses View on DLT and ICOs

Pursuant to its LabCFTC initiative, the regulator issued a FinTech Primer on virtual currencies, including addressing the jurisdictional reach of the CFTC and the SEC (and potential overlap). Several questions remain regarding the already uncertain status of ICOs under the federal securities and commodities laws and regulations. WHAT HAPPENED? On…

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Recent Cases Demonstrate Need for Blockchain

A recent Delaware bill is poised to allow private Delaware corporations “use networks of electronic databases (examples of which are described currently as “distributed ledgers” or a “blockchain”) for the creation and maintenance of corporate records, including the corporation’s stock ledger.”  The bill is a significant step towards the mainstream…

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Put a Fork in it: What's Happening with the DAO?

If you have an interest in bitcoin, you’ve undoubtedly heard people refer to “The Blockchain.” Because the term “blockchain” can refer to any distributed ledger where “blocks” are added to the ledge by solving complex mathematical problems, it should more properly be referred to as “the Bitcoin Blockchain.”  Each block…

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Payment Across Apps—and Borders

Digital currencies like Bitcoin seem tailor made for social peer-to-peer payment applications.  Transactions denominated in or convertible to digital currency could be withdrawn and transmitted by users at virtually no cost—only a small transaction fee.  Digital currency can then be converted using a myriad of exchanges, which navigate banking regimes….

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CFTC Takes First Action Against Virtual Currency Options Trading Platform

On Thursday, Sept. 17, 2015, the U.S. Commodity Futures Trading Commission (CFTC) issued an Order against San Francisco-based Coinflip and its chief executive officer, Francisco Riordan, to resolve allegations that Coinflip conducted activity related to commodity options transactions without complying with the Commodity Exchange Act (CEA) and CFTC Regulations. Specifically, the CFTC…

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