30 Jan 2024
Securities Question Stands After Contradicting Crypto Rulings
At the start of 2024, it remains to be determined whether U.S. securities laws apply to cryptoassets. In the absence of rulemaking by the Securities Exchange Commission (SEC), what makes a security is still an open question in the financial industry. Explore this Law360 article, expertly drafted by Michael Robotti, Celia Cohen, and Nathaniel Botwinick of Ballard Spahr LLP, for key insight into the U.S. District Court for the Southern District of New York’s opposing views on whether cryptoassets are securities.
Related Content
- SEC Regulation of Digital Assets
Review this practice note for a comprehensive overview of the SEC’s oversight of digital assets and the agency’s approach to supervision, enforcement, and rulemaking in the cryptoasset space.
- Blockchain—Key Legal and Regulatory Issues
Learn more about the legislative and regulatory requirements for blockchain technology and view a roadmap containing key legal and regulatory issues that typically arise in relation to blockchain technology.
- Regulating Fintech and Emerging Payments Technology
Examine this practice note which includes an overview of U.S. federal banking agencies’ oversight authority and the regulatory issues related to activities and operations of fintechs.
- FinCEN Guidance for Cryptocurrency Firms
Access this practice note for insights into FinCEN’s cryptocurrency guidance, advisory, and interpretive criteria, along with scenarios that may trigger regulatory issues. FinCEN guidance is indicative of forthcoming enforcement activity in connection with cryptocurrency and virtual currency.
Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.
- 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.
Access this tool for federal/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 2000+ 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.
PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB
Experience results today with practical guidance, legal research, and data-driven insights—all in one place.
Experience Lexis+