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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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Delaware Business Litigation Report
Chancery Keeps Reasonableness Standard in Restrictive Covenant Dispute
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Freshfields' A Fresh Take
What Bank Regulators May Do in 2026
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EDGAR to Take Five Days Off
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What SEC Enforcement May Do in 2026
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Retail-Investor Crypto Scheme Nailed
December 23, 2025
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Dealmakers Grow Bullish on 2026
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California Court Says Federal Forum Clauses Enforceable in Securities Suits
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The SEC May Make Wall Street Analysts Corrupt Again
December 22, 2025
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New Defense Act to Prompt Expansion of Outbound Investment Control
December 22, 2025
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The Lessons of Oklahoma Biz Court
December 22, 2025
Delaware Business Litigation Report
Delaware Chancery Rules in Nonstock Corporation’s Board Removal Case
December 21, 2025
D&O Diary
Securities Lawsuits Related to Data Breaches Hit Two Tech Companies
December 21, 2025
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PCAOB to Cut Chair’s Pay by Over Half
December 21, 2025
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FTX Consent Judgments Reached
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Business Law Prof Blog
Musk Pay Ruling Is Politically Expedient
December 21, 2025
New York Times
BP CEO Exits, New Boss Named
December 18, 2025
Freshfields' A Fresh Take
SEC Retires Rigid Compliance System
December 18, 2025
SEC Sentinel
SEC Engages in a Flurry of Activity
December 18, 2025
Lexology
SEC Cybersecurity Rules Taking Effect
December 18, 2025
FactSet
M&A Deal Activity Dropped Last Month
December 18, 2025
New York Times
Warner Bros: Ellisons Misled Investors
December 17, 2025
Bloomberg
Amazon Names New AI Chief
December 17, 2025
D&O Diary
Digital Ad Analytics Firm Hit With Securities Suit for Understating AI Risk
December 17, 2025
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California Spoofing Case Settles
December 17, 2025
Cooley M&A
Beware M&A Deal Jumping
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Wall Street Journal
Travel Ban to Cover More Countries
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Bloomberg
Warner Bros to Reject Paramount Bid
December 16, 2025
Delaware Business Litigation Report
Chancery Nixes Fraud, Aiding-Abetting Claims Against Seller, Controller
December 16, 2025
Dealbook
New Data Won’t Settle Rate Debate
December 16, 2025
D&O Diary
Are ESG Shareholder Proposals Over?
December 16, 2025
Delaware Business Litigation Report
Chancery Nixes Challenge to Voting Agreement in Director Removal Case
December 15, 2025
Dealbook
SpaceX May Soon Launch an IPO
December 15, 2025
D&O Diary
U.S. Brings Criminal Tariff Evasion Enforcement Action
December 15, 2025
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Delaware Chancery Strikes Affirmative Defense of Fraudulent Inducement
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Deal Lawyers.com
Bandera Fund Case Back in Chancery
December 15, 2025
Business Law Prof Blog
Trump Takes Aim at Proxy Advisers
December 14, 2025
D&O Diary
Does Issuance of Stock to Settle a Shareholder Suit Constitute “Loss”?
December 14, 2025
Sidley Enhanced Scrutiny
Delaware Chancery Affirms High Bar for Challenging Advance Notice Bylaws
December 14, 2025
Bloomberg
Bill Would Force SEC Disclosure of Stock Trades by Foreign Insiders
December 14, 2025
New York Times
Trump Arrives, SEC Retreats on Crypto
December 14, 2025
Bloomberg
More Corporate Tax Breaks Coming
December 11, 2025
Delaware Business Litigation Report
Delaware Supreme Court OKs Amazon Investor Push for Antitrust Probe
December 11, 2025
New York Times
Do Kwon Sentenced to 15 Years
December 11, 2025
The Governance Beat
Defense Bill to Impose Section 16 Obligations on Foreign Private Issuers
December 11, 2025
D&O Diary
Securities Litigation Risk on the Rise
December 11, 2025
Bloomberg
OCC Accuses Nine Banks of Debanking
December 10, 2025
Delaware Business Litigation Report
Chancery Dismisses Claims for Breach of Fiduciary Duty Due to Release
December 10, 2025
New York Times
How AI and Dot-Com Booms Differ
December 10, 2025
Yahoo Finance
SEC Chair to “Futureproof” Crypto Regs
December 10, 2025
Deal Lawyers.com
Delaware Supreme Court Affirms Two Chancery Court Decisions on M&A
December 10, 2025
Dealbook
Nvidia Can Sell More Chips to China
December 9, 2025
Politico
SEC’s Crenshaw Fears Coming Pain
December 9, 2025
Bloomberg
PCAOB Picks Face More SEC Delay
December 9, 2025
Deal Lawyers.com
Tidbits from Paramount’s Warner Offer
December 9, 2025
Business Law Prof Blog
Paramount Warner Bid Not So Hostile
December 9, 2025
Wall Street Journal
Berkshire Hathaway Shuffles at Top
December 8, 2025
Reuters
Paramount Goes Hostile on Warner Bros
December 8, 2025
Securities and Exchange Commission
Money Manager Poseur Hit for Fraud
December 8, 2025
Bloomberg
Immigration Rules Becoming Deal Focus
December 8, 2025
Corporate & Securities Law Blog
Delaware Chancery Says Execs’ Misconduct Not Always Loyalty Breach
December 8, 2025
The Governance Beat
Glass Lewis Updates Benchmark Policy
December 7, 2025
D&O Diary
SEC Group Guides on AI Disclosure
December 7, 2025
SEC Sentinel
SEC Issues 2026 Examination Priorities
December 7, 2025
Delaware Business Court Insider
Firms Fare Well in Entire Fairness Trials
December 7, 2025
Business Law Prof Blog
SEC Mulls New Anti-Proxy Adviser Plan
December 7, 2025
Wall Street Journal
AI Threatens the Billable Hour
December 4, 2025
Reuters
Netflix Tops Warner Bros. Bids
December 4, 2025
New York Times
Kalshi Prediction Market Raises $1 Bln
December 4, 2025
Fox News
SEC Ups Chinese Firm Scrutiny in U.S.
December 4, 2025
Bloomberg
Virtu to Pay $2.5 Million in SEC’s Client Trading Data Case
December 4, 2025
Wall Street Journal
Trump Lowers Fuel Economy Rules
December 3, 2025
D&O Diary
SEC Chair: Make IPOs Great Again
December 3, 2025
Dealbook
SEC Loses Lone Democratic Voice
December 3, 2025
Bloomberg
SEC Earnings Fraud, Audit Cases Plunge
December 3, 2025
Deal Lawyers.com
Delaware Chancery Rejects Fraud on Board Claims, Applies Corwin to Sale
December 3, 2025
Bloomberg
Comcast Bid Seeks to Merge NBCUniversal With Warner Bros.
December 2, 2025
Delaware Business Litigation Report
Chancery Dismisses Challenge to Real Estate Investment Fund Capital Call
December 2, 2025
D&O Diary
Big AI Investments Mute Tariff Impact
December 2, 2025
Law.com
SEC Closes New Fyre Festival Probe
December 2, 2025
Securities Regulation and Corporate Governance Monitor
California Says It Will Not Enforce Climate-Related Risk Reporting Law
December 2, 2025
Bloomberg
Trump Commutes Sentence of GPB Capital Founder David Gentile
December 1, 2025
Wall Street Journal
Court Upholds U.S. Attorney Ouster
December 1, 2025
Reuters
Airbus Hit With New A320 Problem
December 1, 2025
Dealbook
OpenAI Takes Stake in Thrive Holdings
December 1, 2025
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