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Cryptocurrency

  • Interpretive guidance defining cryptocurrency assets released last month by the U.S. Securities and Exchange Commission and Commodity Futures Trading Commission goes a long way to providing the regulatory clarity the Trump administration has been promising the industry, legal experts said.

    March 31, 2026Dan Novak
  • How can a court order be served to an anonymous individual during litigation? And if that individual is holding misappropriated cryptocurrency in a self-custodied, anonymous wallet, can those funds be seized and recovered? These questions are becoming more common in digital assets disputes, bankruptcies and litigations.

    July 31, 2025Jason Trager and Serkan Ersanli
  • The contrast between the Trump Administration’s ostentatious embrace of cryptocurrency and the prior administration’s chilly skepticism has led some to suggest that the multi-billion-dollar industry is at the dawn of an enforcement-devoid free for all. A more recent, lower key announcement, however, indicates that enforcement still has a pulse, and can be expected to play a part in that new approach.

    May 01, 2025Robert J. Anello and Richard F. Albert and Emily Smit
  • The intersection of artificial intelligence and cryptocurrency was involved in a recent decision where the U.S. Bankruptcy Court for the District of Delaware dismissed claims against an alleged participant in a scheme that induced investors to fund over $30 million in an artificial intelligence company designed to generate revenue from enhanced cryptocurrency mining.

    April 30, 2025Andrew C. Kassner and Joseph N. Argentina Jr.
  • The contrast between the Trump Administration’s ostentatious embrace of cryptocurrency and the prior administration’s chilly skepticism has led some to suggest that the multi-billion-dollar industry is at the dawn of an enforcement-devoid free for all. A more recent, lower key announcement, however, indicates that enforcement still has a pulse.

    April 30, 2025Robert J. Anello and Richard F. Albert
  • When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.

    April 01, 2025Alec Koch and Carmen Lawrence and Aaron Lipson and Bill Johnson
  • When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.

    March 31, 2025Alec Koch and Carmen Lawrence and Aaron Lipson and Bill Johnson
  • 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.

    March 01, 2025Ladan Stewart and Marietou Diouf and Arianna Skipper
  • Software is generally admissible as evidence if it is relevant, material, and competent. However, AI differs from traditional software, perhaps requiring novel admissibility considerations.

    September 01, 2024Jonathan Bick