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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
Starbucks Seeks to Boost Barista Pay
April 2, 2026
D&O Diary
No D&O Coverage for “Securities Claim” If No Company Securities Involved
April 2, 2026
Bloomberg
SEC, Musk Say Fight Over Twitter Share Stockpile May Go to Trial
April 2, 2026
Fortune
Prediction Markets’ Insider Trading Spree May Be Coming to an End
April 2, 2026
Deal Lawyers.com
Delaware Chancery Addresses When “Mere Puffery” Becomes Fraud
April 2, 2026
Wall Street Journal
Anthropic Races to Limit Code Leak
April 1, 2026
Delaware Business Litigation Report
Chancery Says Employment-Related Misconduct Not Fiduciary Breach
April 1, 2026
New York Times
Technology Backlash at Schools Extends Far Beyond Phones
April 1, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Extends Earnout Remedies Beyond Damages
April 1, 2026
Bloomberg
Elon Musk Faces New Setback in Lawsuits Over 2022 Twitter Buyout
April 1, 2026
D&O Diary
Tariff-Related Securities Suit Hits Social Media Platform Pinterest
March 31, 2026
Justice Department
Charges in Crypto-Exchange Hack
March 31, 2026
New York Times
SEC Shifts From Crypto Foe to Ally
March 31, 2026
Reuters
Delaware Judge Reassigns Musk Cases
March 31, 2026
EY Parthenon
PE Take-Private M&A Deals on Rise
March 31, 2026
Delaware Business Litigation Report
Delaware Chancery Denies Motion to End Coinbase Derivative Suit
March 30, 2026
CoinDesk
Washington State Sues Kalshi
March 30, 2026
pymnts
SEC Staff Down 18% Under Trump
March 30, 2026
Financial Times
Apollo Plans Second Headquarters
March 30, 2026
Bloomberg
SEC Shakeup Renews Dispute Over Wall Street, Crypto Enforcement
March 30, 2026
New York Post
Musk Lawyer Accuses SF Jury of Bias
March 29, 2026
New York Post
Elizabeth Holmes Catches a Break
March 29, 2026
Bloomberg
Crypto “Insurance” Not What Appears
March 29, 2026
Federal Trade Commission
FTC, DOJ Seek Comment on HSR Rule
March 29, 2026
Business Law Prof Blog
Courts Setting Very High PSLRA Bar
March 29, 2026
Dealbook
Military Drone Startup Raises $2 Billion
March 26, 2026
Delaware Business Litigation Report
Delaware Chancery Nixes Case Lacking Equitable Subject Matter Jurisdiction
March 26, 2026
D&O Diary
AI-Related Securities Suit Hits Power Supply Company
March 26, 2026
Sidley Enhanced Scrutiny
Pro-Merger Activist That Changed Its Mind Can’t Get Court to Block Deal
March 26, 2026
Deal Lawyers.com
Delaware Chancery Orders Equitable Extension of Earnout Window
March 26, 2026
The Governance Beat
SEC “SOX Group” to Target Auditors
March 25, 2026
Dealbook
What Sora’s End Says About OpenAI
March 25, 2026
D&O Diary
Tariff Pass-Through Litigation Expands
March 25, 2026
New York Post
Widow of British Billionaire Killed in Yacht Sinking Faces Bankruptcy
March 25, 2026
Bloomberg
SEC Must Release Musk Interview
March 25, 2026
Wall Street Journal
Judge Says Government Ban on Anthropic Looks Like Attempt to Punish
March 24, 2026
D&O Diary
Short Seller Report Prompts Securities Suit Against Private Credit Firm
March 24, 2026
Bloomberg
Polymarket Alters Insider Trading Rules
March 24, 2026
Reuters
SEC Ex-Enforcement Chief Clashed With Bosses on Trump Before Exit
March 24, 2026
Business Law Prof Blog
The Latest on Reincorporations
March 24, 2026
Wall Street Journal
Airline Economy Cabin Keeps Shrinking
March 23, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rules Firm Counsel Must Be Neutral in Board Deadlock
March 23, 2026
Bloomberg
SEC Team Is Targeting “Bad Actors”
March 23, 2026
CoinDesk
Is Bankman-Fried Angling for Pardon?
March 23, 2026
D&O Diary
Jury Says Musk Misled Twitter Investors
March 23, 2026
Bloomberg
OpenAI Plans to Double Headcount
March 22, 2026
Reuters
Musk Offers to Pay TSA Salaries
March 22, 2026
Wall Street Journal
New Weapons of Global Power Are Oil, Rare Earths, and Microchips
March 22, 2026
Freshfields' A Fresh Take
Less Burdensome HSR Form Is Back
March 22, 2026
D&O Diary
Prediction Markets Pose D&O Risks
March 22, 2026
Wall Street Journal
Big Banks Win Looser Capital Rules
March 19, 2026
Reuters
DOJ Charges 3 of Diverting AI to China
March 19, 2026
Bloomberg
DOJ Clears Nexstar’s Tegna Deal
March 19, 2026
The Governance Beat
The Latest on Shareholder Proposals
March 19, 2026
Wealth Management
FINRA Disciplinary Cases at Decade Low
March 19, 2026
Bloomberg
Private Credit Bad, But Not 2008 Bad
March 18, 2026
D&O Diary
Delaware Supremes Says De-SPACs Shielded by 3-Year Limitations Statute
March 18, 2026
CoinDesk
Kalshi Faces Arizona Criminal Charges
March 18, 2026
Law.com
Scotus May Hear SEC “Gag Rule” Suit
March 18, 2026
Financial Times
Musk’s Lawyers Sidestepped SEC Team in Twitter Case Settlement Talks
March 18, 2026
Reuters
SEC Issues Crypto Guidance
March 17, 2026
Cleary Enforcement Watch
Enforcers File Fund-Valuation Cases
March 17, 2026
Bloomberg
Judge Declines Calls from SBF’s Mom
March 17, 2026
Securities and Exchange Commission
Enforcement Chief Ryan Is Out
March 17, 2026
Wall Street Journal
Quarterly Reports on Their Last Legs
March 17, 2026
Delaware Business Litigation Report
Delaware Supreme Court Says Form Matters on Books & Records Demands
March 16, 2026
The Governance Beat
SEC Gives Foreign Private Issuers Section 16 Relief for Now
March 16, 2026
D&O Diary
9th Circuit Revives Funko Case
March 16, 2026
Securities and Exchange Commission
SEC Drops Nader Al-Naji Case
March 16, 2026
Securities Regulation and Corporate Governance Monitor
EDGAR Access Delays and Conditional No-Action Relief for Section 16(a) Filers
March 16, 2026
D&O Diary
How to Counter ESG Backlash
March 15, 2026
CoinDesk
DeFi Flub Costs Crypto Trader $50 Mln
March 15, 2026
Regulatory & Compliance
Should Companies’ Insider-Trading Policies Cover the Prediction Markets?
March 15, 2026
ABA Business Law Today
How to Fix M&A Time-of-Essence Bug
March 15, 2026
Business Law Prof Blog
The SPV-pocalypse Is Coming
March 15, 2026
D&O Diary
Suit Tests Government’s Intel Stake
March 12, 2026
CoinDesk
Binance Sues WSJ on Iran Probe Piece
March 12, 2026
FCPA Professor
Smartmatic Says FCPA Case Vindictive
March 12, 2026
Bloomberg
Exxon Plans to Reincorporate in Texas
March 12, 2026
ThinkAdvisor
SEC Must Produce Texting Fine Data
March 12, 2026
Dealbook
Microsoft Sides With Anthropic v. DOD
March 11, 2026
Freshfields' A Fresh Take
DOJ Unifies Corporate Enforcement
March 11, 2026
The Governance Beat
More Nixed Investor-Proposal Suits
March 11, 2026
SEC Sentinel
FINRA Forward Program Launches
March 11, 2026
Reuters
Lawyer Sentenced for Ponzi Scheme
March 11, 2026
Wall Street Journal
Senate’s New Housing Bill Would Force Large Investors to Sell Homes
March 10, 2026
D&O Diary
State AGs Sue Over Section 122 Tariffs
March 10, 2026
FCPA Professor
Bill to Extend FCPA Limitations Statute
March 10, 2026
Bloomberg
Polymarket Enlists Palantir and TWG AI to Monitor Sports Bets
March 10, 2026
Business Law Prof Blog
IPO to Put Pershing Square in Nevada
March 10, 2026
Wall Street Journal
Anthropic Sues Defense Department
March 9, 2026
New York Times
DOJ, Live Nation Settle Antitrust Case
March 9, 2026
SEC Sentinel
FINRA Reveals Enforcement Changes
March 9, 2026
D&O Diary
D&O Liability in Geopolitical Whiplash
March 9, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Enforces Restrictive Covenant in Business Sale
March 9, 2026
Reuters
OpenAI Honcho Exits After DOD Deal
March 8, 2026
Wall Street Journal
FTC Chief Mixes MAGA, Enforcement
March 8, 2026
New York Times
Axel Springer to Buy UK’s Telegraph
March 8, 2026
The Governance Beat
Foreign Private Issuers Get SEC Relief
March 8, 2026
Bloomberg
CFTC, SEC May Move In Together
March 8, 2026
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  • How Appealing
  • PubCo @ Cooley
  • Securities Docket
  • Sidley Enhanced Scrutiny Blog
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