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Trump Administration Takes New Crypto-Enthusiastic Regulatory Approach
Since the November election, there has been much prognostication about how crypto regulation and enforcement may change under the Trump administration. The consensus before Inauguration Day was that we would see a significant change in how regulators approach crypto, with a shift away from enforcement and toward developing a new, practical regulatory framework. Now, just weeks since the Trump administration took the reins, we can already see the broad outlines of a truly seismic change in the U.S. government’s approach to crypto — one that promises to create never before seen opportunities for crypto to expand its presence and achieve an unparalleled level of integration into the U.S. and global financial systems.
This new crypto-enthusiastic regulatory approach started to come into sharper focus immediately after the election, when then-President-elect Donald Trump nominated former PayPal chief operating officer David Sacks as the new “AI and crypto czar” and put forth former SEC Commissioner Paul Atkins as the new Securities and Exchange Commission chair. Both Sacks and Atkins have been vocal proponents of crypto, and their selection signaled the incoming Trump administration’s intent to work with the crypto industry on developing a friendlier regulatory regime. And this trend has continued. Last week, President Trump nominated former CFTC commissioner Brian Quintenz, now the head of policy for the crypto fund of venture capital firm a16z, to be the next Commodity Futures Trading Commission chair.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.