03 Oct 2023
Updated: Cryptocurrency Trackers
Cryptocurrency lawsuits in the United States continue to soar in 2023, with allegations of fraud, deceptive practices, violations of the Securities Act, breach of contract / fiduciary duty, and bankruptcy being most prevalent. At the same time, federal and state regulatory agencies released a number of draft legislative proposals to ensure appropriate oversite of this asset and its complex risks. Stay on top of recent actions with the Practical Guidance suite of cryptocurrency trackers, developed in partnership with Jason Gottlieb, Partner at Morrison Cohen LLP. These trackers will aid practitioners in understanding cryptocurrency and blockchain issues and provide key litigation, regulatory pronouncements, and class action updates.
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Review this practice note for an overview of digital asset lending platforms and analysis required under the Howey test. Key cryptocurrency highlights and enforcement actions from federal and state regulators are also discussed.
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Review key tax considerations and implications for creating a financial technology (fintech) firm. This practice note, by partners from Morgan Lewis & Bockius, LLP, includes a discussion of business structure, location, and tax pitfalls to avoid.
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Practical Guidance Updates
Featuring the latest updates from your Practical Guidance
- Cryptocurrency Regulation Overview Video and Maintaining a Culture of Inclusion in Fast-Paced Tech Companies Video are two of the Financial Services Regulation practice videos providing insight on cryptocurrency matters for financial institutions.
- Virtual Currency, Bitcoin, and Cryptocurrency Resource Kit and OCC Fintech Charter Resource Kit Explore these resource kits for guidance related to cryptocurrency including practice notes, checklists, articles, and templates to aid practitioners in advising financial institutions in this area.
- State Law Comparison Tool (Topic: Financial Institution Regulation)
Access this tool for federal- and state-specific guidance and the ability to compare state laws for banking and non-banking financial institutions in the areas of licensing, capital requirements, AML/CFT guidelines, recordkeeping, supervision, and enforcement authority. - For related Practical Guidance content on important recent trends, please review these easy-to-use Resource Kits on a variety of emerging topics:
- Read the new edition of the Practical Guidance Journal for insights on Generative AI cautions and benefits, new trends in private lending, environmental law considerations, and market intelligence analysis.
- Check out our Practical Guidance Author Center! Learn about the 1750+ leading attorney authors contributing to our 26 practice areas, and find out how you can Become a Practical Guidance Author. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
- Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
- Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: NFTs, Cannabis, COVID-19, and more.
- Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
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