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Cryptocurrencies

The Impending Financial Crisis  

By Jeffrey N. Gordon November 13, 2024 by renholding

I teach a course on “Financial Crises/Regulatory Responses” with the economist Patrick Bolton. This course addresses the struggle to establish and maintain financial stability, an apex goal of the financial system.  Last week, I told the students that by the …

2 Comments  

The Law and Economics of Blacklisting

By Nizan Geslevich Packin and Hadar Y. Jabotinsky September 2, 2022 by renholding

The crackdown on Tornado Cash, a crypto mixing service, continues a recent trend of regulators using blacklisting as a key enforcement tool. Tornado Cash was blacklisted by the Treasury Department for allegedly helping to launder over $7 billion in …

When Biden Met Crypto: Thoughts on the President’s Executive Order

By Hadar Y. Jabotinsky and Roee Sarel April 1, 2022 by renholding

On March 9, 2022, President Biden signed an executive order (“the Order”) requiring federal agencies to submit reports on how cryptocurrencies relate to various issues, including money laundering, investor protection, international cooperation, central bank digital currencies (“CBDC”), and systemic risk. …

It’s Time to Regulate Stablecoins as Deposits and Require Their Issuers to Be FDIC-Insured Banks

By Arthur E. Wilmarth, Jr. January 17, 2022 by renholding

In November 2021, the President’s Working Group on Financial Markets (PWG) issued a report analyzing the rapid expansion and growing risks of the stablecoin market.[1]  Stablecoins are digital assets that claim to maintain a “stable” value with reference to …

Cleary Gottlieb Discusses Federal Banking Agencies’ Crypto Initiative

By Derek Bush, Lauren E. Semrad, Colin D. Lloyd, Hugh C. Conroy, Jr. and Julia Knight December 1, 2021 by renholding

On November 23, 2021, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency issued a joint statement on an inter-agency initiative to address bank and bank …

Stablecoins, National Currencies, CBDCs, and Banks

By Kimberly A. Houser and Colleen Baker October 18, 2021 by renholding

The Federal Reserve is set to release a much anticipated discussion paper on the prospect of a digital U.S. dollar. According to the Bank for International Settlements (BIS), over 86 percent of central banks are investigating the possibility of a …

How the Covid-19 Pandemic Affected the Cryptocurrency Market

By Hadar Y. Jabotinsky and Roee Sarel March 26, 2021 by renholding

In our recent paper, we conducted an empirical analysis to test how the outbreak of the Covid-19 pandemic affected the market for cryptocurrencies (“cryptomarket”). One year into the pandemic, this market seems to have boomed. For instance, when the pandemic …

The Dog that Didn’t Bark: Effects of Regulation on Cryptocurrency Trading

By Brian D. Feinstein and Kevin Werbach September 28, 2020 by renholding

Cryptocurrencies have the potential to operate as a new financial asset class; as a novel fund-raising tool for ventures; as a more efficient payment mechanism, especially across borders; and as the foundation for an innovative, new economy of distributed applications. …

How Nudges Can Help Regulate New Technologies

By Nissim Cohen and Hadar Y. Jabotinsky April 17, 2020 by renholding

New technologies are being introduced in markets around the globe.  Disruptive innovations such as blockchain, cryptocurrencies, the Internet of things, automated cars and other products that support decision-making based on artificial intelligence (AI) are offering a creative take on traditional …

Why Cryptocurrencies Should Be Evaluated As Fiat Money

By J.S. Nelson February 27, 2020 by renholding

What are cryptocurrencies: securities, commodities, or another form of established currency – a non-sovereign fiat currency? In my forthcoming article, “Cryptocommunity Currencies,” I argue that, like other self-governing bodies, communities that issue cryptocurrencies should be judged on how …

Cryptocurrency Pump-and-Dump Schemes

By Tao Li, Baolian Wang and Donghwa Shin January 7, 2019 by renholding

Initial coin offerings (ICOs) have recently emerged as a popular method of financing blockchain-related startups. In an ICO, a startup creates and distributes its digital tokens, typically in exchange for Bitcoin, Ethereum, or fiat currencies such as U.S. dollars to …

Cleary Gottlieb on Government Scrutiny of Cryptocurrencies and ICOs

By Alexis Collins, Grace Kurland and Adam Motiwala September 25, 2018 by abirvarma

On Tuesday, September 11, 2018, Judge Raymond J. Dearie of the Eastern District of New York issued a decision holding that Initial Coin Offerings (“ICO”) may qualify as securities offerings and therefore be subject to the criminal federal securities laws. …

Revisiting the SEC Ruling on Whether Cryptocurrencies are Securities

By Usman W. Chohan August 17, 2018 by renholding

In June 2018, the cryptocurrency community waited with baited breath for the Securities and Exchange Commission (SEC) decision on whether cryptocurrencies were securities, commodities, or something else.

If the commission treated them as securities, they would be subject to …

The Role of Disclosure in the Unregulated Crypto Market

By Thomas Bourveau, Atif Ellahie, Emmanuel T. De George and Daniele Macciocchi July 10, 2018 by renholding

Our new research paper studies the issuers of unregulated crypto-tokens such as EOS and Tether. We examine two dimensions: the success of the Initial Coin Offering (ICO) process, and the capital market patterns following the listing of the tokens on …

Video: The Biggest Issues Facing Securities Markets in the 21st Century

By Merritt B. Fox, Lawrence R. Glosten and Edward F. Greene April 16, 2018 by renholding

An esteemed panel of regulators, scholars, and lawyers gathered at Columbia Law School on March 29 to discuss Securities Market Issues for the 21st Century, a new e-book on the most important areas of inquiry for securities regulation and …

Kirkland & Ellis Discusses Trump Administration’s Ban on Dealings in Venezuelan Cryptocurrency

By Mario Mancuso, Erica Williams, Michael Casey, Sanjay Mullick and Joanna Ritcey-Donohue April 2, 2018 by Carly Goeman

On March 19, 2018, President Trump issued an Executive Order “Taking Additional Steps to Address the Situation in Venezuela” (“Executive Order”) that prohibits U.S. persons from engaging in dealings in any digital currency, digital coin, or digital token issued by, …

Ropes & Gray Discusses the Regulatory Push to Rein in ICO Market

By Christopher Conniff, Michael McGovern, Helen Gugel and Jessica Soricelli March 21, 2018 by renholding

On March 1, 2018, Overstock.com disclosed that its ongoing $250 million initial coin offering has been under investigation by the U.S. Securities and Exchange Commission since February.1 The investigation appears to be part of a widespread probe pursuant to …

SEC Chair Clayton Testifies About Virtual Currencies

By Jay Clayton February 8, 2018 by renholding

Chairman Crapo, Ranking Member Brown and distinguished senators of the Committee, thank you for the opportunity to testify before you today.[1]  I am pleased that the Committee is holding this hearing to bring greater focus to the important issues …

Skadden Discusses CFTC Regulatory Issues for Cryptocurrencies

By Jonathan Marcus and Prashina J. Gagoomal December 21, 2017 by charlesbluesky

Digital or virtual currencies based on cryptography (commonly referred to as ‘‘cryptocurrencies’’) have picked up steam, with a surge in trading and dramatic increase in market value over the past year, and have attracted interest from mainstream finance and regulators

…

SEC Chair Talks Cryptocurrencies and Initial Coin Offerings

By Jay Clayton December 12, 2017 by renholding

The world’s social media platforms and financial markets are abuzz about cryptocurrencies and “initial coin offerings” (ICOs).  There are tales of fortunes made and dreamed to be made.  We are hearing the familiar refrain, “this time is different.”…

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Each business day, our team sifts through blog posts, news stories, and other sources to keep up-to-date on relevant recent developments. The following links will take you to our recommended selections. To see the sources we follow click Filter Sources.

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Wall Street Journal
Buffett Successor Puts Stamp on Berkshire Hathaway With Two Deals
June 3, 2026
New York Times
How One Tech Company Created 13 New Types of Jobs Because of AI
June 3, 2026
Cleary Enforcement Watch
DOJ Fast-Tracks Benefits Fraud Cases
June 3, 2026
Financial Times
Vanguard ETF Tops $1 Trln in Assets
June 3, 2026
Bloomberg
Milbank, McDermott Raise Associate Salaries Up to $455,000
June 3, 2026
D&O Diary
Supply Chain Woes Lead to Securities Suit Against EV Company
June 2, 2026
Wall Street Journal
SEC Removes Faddish Climate Rule
June 2, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rules No Control When Corporate Records Fake
June 2, 2026
Deal Lawyers.com
Chancery Addresses Creditor Claims After Failed Sale Process
June 2, 2026
Business Law Prof Blog
The Latest on Reincorporations
June 2, 2026
Dealbook
Diller Plans Bid for MGM Resorts
June 1, 2026
Financial Times
Anthropic Files for Blockbuster IPO
June 1, 2026
D&O Diary
SpaceX IPO Filings Include Extreme “Litigation Aversion” Provisions
June 1, 2026
Bloomberg
SpaceX Hype Spurs Crypto Shadow Market for Pre-IPO Bets
June 1, 2026
Corporate & Securities Law Blog
Second Circuit Affirms Dismissal of Fraud Claim Over Risk Disclosures
June 1, 2026
Government Executive
SEC Robbed During Budget Shutdown
May 31, 2026
CoinDesk
Kalshi Sues Minnesota Over Law Criminalizing Prediction Markets
May 31, 2026
Bloomberg
DOJ Restores Financial Crime Team
May 31, 2026
FTI Consulting
How Geopolitics Is Shaping Deals
May 31, 2026
Business Law Prof Blog
Why ISS Backs Reincorporation of Natural Gas Corp. from Colorado to Texas
May 31, 2026
D&O Diary
AI-Linked Securities Suits Rising
May 28, 2026
CoinDesk
CFTC Files to Drop Gemini Settlement
May 28, 2026
Bloomberg
Polymarket’s Losers Are Discovering the Wisdom of Crowds
May 28, 2026
Justice Department
Google Worker Hit for Insider Trading
May 28, 2026
Financial Times
Kirkland to Spend $500 Mln on AI Tech
May 28, 2026
Deal Lawyers.com
Delaware Chancery Addresses the Duties of Constituency Directors
May 28, 2026
Wall Street Journal
Amazon Strikes $6 Billion Chip Deal
May 27, 2026
Freshfields' A Fresh Take
SEC Action in Footer Locker Case Big News for Whistleblower System
May 27, 2026
Financial Times
Dimon Says JPMorgan Has $20 Billion to Spend on Possible Acquisition
May 27, 2026
D&O Diary
Cybersecurity-Related Securities Suit Hits Cloud Data Storage Company
May 27, 2026
Securities Regulation and Corporate Governance Monitor
SEC Exempts Officers, Directors of Some Foreign Private Issuers from 16(a)
May 27, 2026
Bloomberg
Lawyer Seeks JPMorgan Sex Suit Exit
May 26, 2026
New York Times
BP Ousts Chair Over Conduct Concerns
May 26, 2026
D&O Diary
Vanguard Settles AGs’ Anti-ESG Suit
May 26, 2026
Telegraph
Violence Up Against Crypto Billionaires
May 26, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Rules on Overlapping LLC, Employment Agreement Claims
May 26, 2026
Bloomberg
Pope Calls for Disarming AI
May 25, 2026
Financial Times
Meta, Google AI Safety Easily Stripped
May 25, 2026
Wall Street Journal
Kalshi, Polymarket Probed on Inside Info
May 25, 2026
New York Times
Crypto, Prediction Markets Blunt CFTC
May 25, 2026
Business Law Prof Blog
SpaceX Sticks It to Shareholder Suits
May 25, 2026
Wall Street Journal
Social Media Settle Youth-Harm Case
May 21, 2026
Bloomberg
Oura Rings Files IPO Confidentially
May 21, 2026
Freshfields' A Fresh Take
OFAC Focuses on “Sham Transactions”
May 21, 2026
The Governance Beat
SEC Plans to Ease Form S-3 Eligibility
May 21, 2026
Financial Times
Trump Abruptly Postpones AI Order
May 21, 2026
Bloomberg
OpenAI Prepares to File for IPO
May 20, 2026
Wall Street Journal
SpaceX Files for Massive IPO
May 20, 2026
Financial Times
Congressman Barney Frank Dies at 86
May 20, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rejects Fiduciary Duty, Veil-Piercing in Crypto Case
May 20, 2026
Corporate & Securities Law Blog
ISS Challenges Adviser Disclosure Law
May 20, 2026
D&O Diary
Exxon Wins Rare Securities Suit Trial
May 19, 2026
Wall Street Journal
Hidden Judges Settle Polymarket Tiffs
May 19, 2026
Bloomberg
CFTC’s Ex-Leaders Doubt It Can Handle Crypto and Prediction Markets
May 19, 2026
CoinDesk
Lawmakers Urge Trump to Fill CFTC
May 19, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Examines Fiduciary Duties of Blockholder Directors
May 19, 2026
Reuters
New Fed Chair to Be Sworn in Friday
May 18, 2026
Wall Street Journal
NextEra-Dominion Energy in $67 Bln Deal
May 18, 2026
Bloomberg
Musk Loses Case Over OpenAI Future
May 18, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Issues Civility Guidelines
May 18, 2026
Securities and Exchange Commission
SEC Rescinds No Denial Policy
May 18, 2026
The Hill
New Whistleblower Rules Encourage a Nation of Paid Informants
May 17, 2026
Financial Times
PCAOB Mulls Cutting Accounting Cops
May 17, 2026
Securities and Exchange Commission
SEC Proposes Final Adani Judgment
May 17, 2026
New York Post
Is Wall Street Bashing a Dallas Boon?
May 17, 2026
Business Law Prof Blog
How Corporate Jurisdictions Compare
May 17, 2026
Reuters
Tema Plans Prediction Markets ETF
May 14, 2026
Bloomberg
Boards Now Less Than 30% Women
May 14, 2026
New York Times
AI Chip Maker Soars Over IPO Price
May 14, 2026
Freshfields' A Fresh Take
SEC Shifts Insider Trading Playbook
May 14, 2026
Yahoo Finance
Judge Sees Musk-SEC Deal Red Flags
May 14, 2026
Deal Lawyers.com
Delaware Bankruptcy Court Refuses to Dismiss Fraudulent Transfer Claim
May 14, 2026
D&O Diary
SEC Seeking More Individual Liability
May 13, 2026
Wall Street Journal
1MDB-Scandal’s Villain Seeks Pardon
May 13, 2026
Bloomberg
Senate Confirms Fed Chair Warsh
May 13, 2026
New York Times
Geothermal Energy Firm Goes Public
May 13, 2026
Financial Times
Judge Questions Musk-SEC Resolution
May 13, 2026
Cooley M&A
SEC Cuts Minimum Tender Offer Period
May 12, 2026
Delaware Business Litigation Report
Delaware Supreme Court Addresses Implied Covenant in Earnout Dispute
May 12, 2026
New York Times
EBay Rejects GameStop’s $55 Bln Bid
May 12, 2026
Financial Times
Oil Majors Return to Alaska
May 12, 2026
Sidley Enhanced Scrutiny
U.S. Court Enforces Texas’ 3% Ownership Rule for Derivative Claims
May 12, 2026
Bloomberg
SEC Moves to End “Gag Rule”
May 12, 2026
The Governance Beat
SEC Likely to Nix Climate Disclosure
May 11, 2026
Financial Times
Sony-Blackstone in Music Rights Deal
May 11, 2026
D&O Diary
Tariff-Recovery Suits Rising Again
May 11, 2026
Reuters
Insider Trading Scandal Exposes Gaps in Law Firms’ Security
May 11, 2026
Bloomberg
SEC Audit Oversight Push Renews Questions for Enron-Era Watchdog
May 11, 2026
Semafor
Insider Trading Cases Will Get Harder
May 10, 2026
Bloomberg
Insider Traders Switched Firms Easily
May 10, 2026
Wall Street Journal
PCAOB Independence Rules Must Go
May 10, 2026
The FinReg Blog
Is Trump Token Unregistered Security?
May 10, 2026
Deal Lawyers.com
Stockholder-Pact Case Ends Like Moelis
May 10, 2026
D&O Diary
Securities Suit Hits Private Credit Firm
May 7, 2026
New York Post
Apollo to Open Non-NYC Headquarters
May 7, 2026
Politico
Wall Street Losing War With Crypto
May 7, 2026
The Block
Senator Says No to Any Crypto Bill Without an Ethics Provision
May 7, 2026
Deal Lawyers.com
CFIUS Resuming Normal Operations
May 7, 2026
Financial Times
30 Lawyers Accused of Insider Trading
May 6, 2026
D&O Diary
The Latest Jarkesy Developments
May 6, 2026
Wall Street Journal
Ken Griffin: New York “Doesn’t Welcome Success” Under Mamdani
May 6, 2026
Bloomberg
SEC Rule to End Biden-Era Climate Policy Sent to White House
May 6, 2026
Deal Lawyers.com
Chancery Nixes Merger-Related Fraud Claims as Preempted Under SLUSA
May 6, 2026
Freshfields' A Fresh Take
Connecticut to Enact Strict AI Law
May 5, 2026
Financial Times
JPMorgan, Blackrock Scoff at AI Bubble
May 5, 2026
D&O Diary
Ed-Tech Backlash Spurs Securities Suits
May 5, 2026
Wall Street Journal
SEC, Musk Settle Twitter Shares Case
May 5, 2026
Deal Lawyers.com
Delaware Chancery Allows Narrow Fraud Claim in M&A Earnout Case
May 5, 2026
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