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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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AI Safety Concerns Go Global
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What AI Tells Us About Benefit Corps.
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Disney+ Price Jumps 13 Percent
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Anthropic, OpenAI Offer Cheap Models
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Polymarket’s Rush Enabled Fraud
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Chancery Revives Verisk Deal
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Settlement Clears Paramount-Warner
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D&O Diary
Crypto Investors Suit Skirts Dismissal
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SEC Plans to Nix Shareholder Proposal Rule, Change Proxy Solicitation
September 21, 2026
New York Times
Anthropic Goes Ahead With IPO Plans
September 20, 2026
Delaware Business Litigation Report
Chancery Nixes Caremark Action
September 20, 2026
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How Big Tech Uses Guarantees to Keep AI Exposure Off Balance Sheet
September 20, 2026
Sidley Enhanced Scrutiny
When the Meeting Minutes and the AI Transcript Don’t Match
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SEC Grants Review of Nasdaq Minimum Listed Securities Value Rule
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Bloomberg
SEC to Interview Guggenheim Staff
September 17, 2026
Cleary M&A Watch
SEC Guides on Activist Fund Disclosure
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Freshfields' A Fresh Take
California Enacts a Slew of AI Laws
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Financial Times
Barclays Staff Slams Return-to-Work
September 17, 2026
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SEC 14a-8 Rescission Proposal Is Here
September 17, 2026
Cooley M&A
KKR to Pay $250mln for HSR Violation
September 16, 2026
Dealbook
Tech Hardware Is in Vogue Again
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The Governance Beat
How Shareholder Proposals Fared Over Most Recent Proxy Season
September 16, 2026
Financial Times
Rifts Over Safety at Anthropic, OpenAI
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Delaware Chancery Law Blog
Delaware Court Trims an Earnout Claim
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Dealbook
AI Regulation Has Strange Bedfellows
September 15, 2026
D&O Diary
The CVS Case and the Emerging D&O Risks of AI-Driven Performance
September 15, 2026
Sidley Enhanced Scrutiny
Delaware Supreme Court Reverses on Justifiable Reliance in M&A Fraud Case
September 15, 2026
Delaware Business Litigation Report
Chancery Grants Spoliation Damages
September 15, 2026
The Guardian
Private Equity Facing Existential Crisis?
September 15, 2026
Wall Street Journal
Malls Are Real Estate’s Top Performer
September 14, 2026
Delaware Business Litigation Report
Chancery Rules in Mutual Deceit Case
September 14, 2026
The Governance Beat
12 Ways AI Affects Firm Disclosure
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Financial Times
Warsh and Trump on Collision Course
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D&O Diary
Eighth Circuit Nixes D&O Coverage of Execs’ Personal Loan Guarantees
September 14, 2026
Bloomberg
Anthropic’s AI Warning Is Too Weak
September 13, 2026
Dealbook
A Start-Up Pay Strategy Proves Costly
September 13, 2026
The Governance Beat
Glass Lewis Outlines New Framework
September 13, 2026
Financial Times
Musk, Altman Also Back AI Slowdown
September 13, 2026
D&O Diary
Turns Out FCA Qui Tam Constitutional
September 13, 2026
Wall Street Journal
Crypto Scam Victims Are Fighting the U.S. to Get Their Money Back
September 10, 2026
Delaware Business Litigation Report
Delaware Supreme Court Affirms Arbitration Order in Earnout Dispute
September 10, 2026
Financial Times
Tariff Criticism Dooms IMF Candidate
September 10, 2026
Sidley Enhanced Scrutiny
Chancery Confirms No Best-Price Duty for Public-Benefit Corp. Board
September 10, 2026
D&O Diary
Shareholders Suit Against Apple Follows AI-Linked Copyright Claim
September 10, 2026
Bloomberg
DOJ Says Berkeley Law Discriminates
September 9, 2026
D&O Diary
Is Bank Failure Uptick a Big Deal?
September 9, 2026
Deal Lawyers.com
Designated Directors Walk a Tightrope
September 9, 2026
Corporate & Securities Law Blog
SEC Remakes Transfer Agent Rules
September 9, 2026
Business Law Prof Blog
How IPOs Stack Up So Far in 2026
September 9, 2026
Wall Street Journal
Trump Says He Will Block Canadian Firms From Government Contracts
September 8, 2026
Freshfields' A Fresh Take
9th Circuit in Prediction Markets Split
September 8, 2026
Financial Times
LIV Golf Files for Bankruptcy
September 8, 2026
Cleary Securities Watch
SEC Updates CFI Guidance
September 8, 2026
Business Law Prof Blog
Reincorporations Can Be Costly
September 8, 2026
Financial Times
University Endowments Beat S&P 500
September 7, 2026
Sidley Enhanced Scrutiny
DGCL §144 Safe Harbor Rules Emerge
September 7, 2026
Delaware Corporate & Commercial Litigation Blog
Allegedly Excessive Fees No Defense to Nonpayment of Advance
September 7, 2026
Bloomberg
Delaware Practical Pluses Run Deep
September 7, 2026
Business Law Prof Blog
The Latest on Reincorporations
September 7, 2026
Wall Street Journal
Boeing’s $8.4bn Deal Bleeds Red Ink
September 3, 2026
Bloomberg
Nvidia to Buy Hugging Face for $13bn
September 3, 2026
Dealbook
Did Meta’s Settlement Actually Help It?
September 3, 2026
Financial Times
Black Sues Congress on Epstein Probe
September 3, 2026
Securities Regulation and Corporate Governance Monitor
SEC Proposes E-Delivery Disclosure
September 3, 2026
Bloomberg
Bigger SALT Break’s Impact Surprises
September 2, 2026
Dealbook
Music Industry Grapples With AI
September 2, 2026
Freshfields' A Fresh Take
Enforcers Target Prediction Markets
September 2, 2026
Securities Litigation & Enforcement
SEC Eyes Pre-IPO Share Sales
September 2, 2026
Financial Times
Chevron to Double Venezuela Oil Production With $7bn Pledge
September 2, 2026
Wall Street Journal
Megabanks Join to Issue a Stablecoin
September 1, 2026
Financial Times
Banks Seek Cut of Lawyer AI Savings
September 1, 2026
Cleary Securities Watch
SEC Updates Corp. Finance Guidance
September 1, 2026
D&O Diary
Investors Suing AI Infrastructure Firms
September 1, 2026
Deal Lawyers.com
Delaware Chancery Limits Disclosures Under Advance Notice Bylaws
September 1, 2026
New York Times
Saudis, U.S. Firm in Data Center Deal
August 31, 2026
Financial Times
LIV Golf Girds for Bankruptcy Filing
August 31, 2026
D&O Diary
Pentwater Capital Sued on Short Squeeze
August 31, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rules on SB 21 Heightened Disinterest Presumption
August 31, 2026
Securities Regulation and Corporate Governance Monitor
SEC Touts Crypto Exempt Offer Rules
August 31, 2026
Wall Street Journal
Aeo Nears Insurance Broker USI Deal
August 30, 2026
New York Times
SEC Allows Less Company Disclosure
August 30, 2026
The Governance Beat
SEC Nears Executive Comp Proposal
August 30, 2026
D&O Diary
AI-Related Securities Suit Hits Intuit
August 30, 2026
Deal Lawyers.com
Delaware Chancery Rules Takeover Law Doesn’t Require Informed Vote
August 30, 2026
Wall Street Journal
Sheikh Backs New Trump Crypto Bank
August 27, 2026
New York Times
Meta, Anthropic Are AI Friends, Foes
August 27, 2026
Freshfields' A Fresh Take
AGs, FTC Settle Zillow-Redfin Suit
August 27, 2026
The Governance Beat
NYSE Proposes Extending Internal Audit Transition Period
August 27, 2026
Financial Times
Bank Regulators to Narrow Enforcement Focus to Financial Risks
August 27, 2026
D&O Diary
Risk of Securities Litigation Rising
August 27, 2026
Reuters
UK Crypto Boss Faces US Extradition
August 26, 2026
Wall Street Journal
Bill Gates Warns of No AI Plan
August 26, 2026
Bloomberg
NFL Owners OK $9.6bn Seahawks Sale
August 26, 2026
Financial Times
Meta Ends Kids’ Harm Case for $18bn
August 26, 2026
D&O Diary
Deloitte Settles DOJ Anti-DEI Claims
August 26, 2026
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