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Features

What to Do With Misappropriated Cryptocurrency Assets Becoming Common Issue In Bankruptcies Image

What to Do With Misappropriated Cryptocurrency Assets Becoming Common Issue In Bankruptcies

Jason Trager & Serkan Ersanli

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.

Features

Crypto Enforcement Still Has a Pulse Image

Crypto Enforcement Still Has a Pulse

Robert J. Anello & Richard F. Albert & Emily Smit

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.

Features

AI, Crypto, and Fraud: Bankruptcy Court Limits Jurisdiction Over Nondebtor Claims Image

AI, Crypto, and Fraud: Bankruptcy Court Limits Jurisdiction Over Nondebtor Claims

Andrew C. Kassner & Joseph N. Argentina Jr.

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.

Features

Despite Appearances, Crypto Enforcement Still Has a Pulse Image

Despite Appearances, Crypto Enforcement Still Has a Pulse

Robert J. Anello & Richard F. Albert

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.

Features

Shifting Crypto and Cyber Enforcement Priorities In SEC Image

Shifting Crypto and Cyber Enforcement Priorities In SEC

Alec Koch & Carmen Lawrence & Aaron Lipson & 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.

Features

Shifting Crypto and Cyber Priorities In SEC Enforcement Image

Shifting Crypto and Cyber Priorities In SEC Enforcement

Alec Koch & Carmen Lawrence & Aaron Lipson & 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.

Features

Trump Administration Takes New Crypto-Enthusiastic Regulatory Approach Image

Trump Administration Takes New Crypto-Enthusiastic Regulatory Approach

Ladan Stewart & Marietou Diouf & Arianna Skipper

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.

Features

Novel Admissibility Considerations for AI Image

Novel Admissibility Considerations for AI

Jonathan Bick

Software is generally admissible as evidence if it is relevant, material, and competent. However, AI differs from traditional software, perhaps requiring novel admissibility considerations.

Features

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs

Michael Mora

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Features

Rulings On SEC Crypto Enforcement Actions Raise More Questions Than Answers Image

Rulings On SEC Crypto Enforcement Actions Raise More Questions Than Answers

Ladan Stewart

A decision in the SEC's enforcement case against Ripple Labs was hailed as vindication for the industry's position that the SEC lacks the proper legal authority to regulate crypto. However, several conflicting rulings followed. So where does the crypto industry go from here? The answer is not so simple.

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