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Cybersecurity Law & Strategy
Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
Daniella Main and Brooke Bolender
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
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The Bankruptcy Strategist
Bankruptcy Risk and Fraud In Cryptocurrency
J. Eric Wise
Among the risks of cryptocurrency exchanges are bankruptcy risk and fraud, including: the inalienability of account claims, holding an unsecured claim versus an entitlement to the return of coin, and bankruptcy preference risk.
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Cybersecurity Law & Strategy
Cryptocurrency Risk Is Not So Hidden
J. Eric Wise
Cryptocurrency exchanges and law together are an evolving space. As regulation of cryptocurrency advances, and case law and practice develops, more certainty around who holds what in a cryptocurrency exchange failure will develop. In the meantime, knowing the risks, and mitigating the risks where possible, is the prudent course of action for the cryptocurrency investor and trader.
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Cybersecurity Law & Strategy
Canada Leads In Crypto Regulations
Gail J. Cohen
FTX’s collapse pushed Canada’s already robust cryptocurrency regulations further, offering protection to consumers and stability for compliant platforms but resulting in some major global platforms quitting the country because they weren’t willing to comply.
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Business Crimes Bulletin
Crypto Winter Leads to Explosion of Regulatory Activity
Mark Bini, Kaela Dahan and Victoria Jaus
In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
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Cybersecurity Law & Strategy
Who Is Legally Liable for Internet AI Deepfake Content?
Jonathan Bick
Most agree that internet deepfake (deep learning + fake) content is widespread and may be used to manipulate the public, attack personal rights, infringe intellectual property and cause personal data difficulties. However, little agreement exists as to who is legally liable for internet AI deepfake content.
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Business Crimes Bulletin
SEC Selective Enforcement Throws Doubt On Whether Securities Rules Apply to Crypto
Cassandre Coyer
Digital assets have created a jurisdictional tug of war between the SEC and the CFTC over whether cryptocurrencies should be regulated as commodities or securities. Also tugging on that rope sit those who say cryptocurrencies are neither, and need new bespoke rules.
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Cybersecurity Law & Strategy
Bitcoin NFTs: Making the Case to Be Sole Digital Asset Protocol
Cameron Pick
NFTs are unique identifiers stored on a blockchain which represent ownership of a particular asset in the digital or physical world. They are typically created and transferred on a smart contract platform such as Ethereum or Solana. However, NFTs have recently come to the Bitcoin blockchain, which is an exciting development for several reasons.
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Cybersecurity Law & Strategy
Podcast: Crypto’s Down, But It’s Far From Dead
CLS Staff
Listen in on a post-webinar chat on “The Crypto Landscape: Post-FTX,” with Blockchain Legal LLP partner Aaron Krowne and counsel Ali Derie, along with veteran entertainment industry lawyer Eric S. Goldman, about cryptocurrency's rocky recent past (and present) as well as its still-promising, if uncertain, future.
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The Bankruptcy Strategist
Hourly Billing in FTX Bankruptcy Already At Historically High Level
Ellen Bardash
Attorneys and consultants involved in the FTX bankruptcy have asked the District of Delaware bankruptcy court to approve billed hours and expenses totaling just under $37 million for the first six weeks of Chapter 11 proceedings.
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Commercial Leasing Law & Strategy
Crypto Collapse Gives View of ‘Property’ Values In the Metaverse
Jack Rogers
Before CRE owners and operators create that experiential virtual shopping mall or virtual office on a metaverse platform for their tenants, they need to make sure the tenants won’t decide that the virtual experience is so good that they no longer have any use for the built portfolio.
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Cybersecurity Law & Strategy
Live Webinar: The Crypto Landscape Post-FTX
CLS Staff
On Feb. 15 at 4 p.m. ET, Cybersecurity Law & Strategy will present a complimentary live webinar titled “The Crypto Landscape Post-FTX.” The presentation will cover the current status and near-future outlook for the blockchain (crypto) sector.
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The Intellectual Property Strategist
Live Webinar: The Crypto Landscape Post-FTX
IPS Staff
“The Crypto Landscape Post-FTX,” Feb. 15 at 4 p.m. ET, NY Cyber CLE credits available.
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Business Crimes Bulletin
Cryptocurrency: Rich In Investment Opportunity; Ripe for Fraud Schemes
Melissa Davis and Mark Parisi
The recent implosion of FTX Trading leaves investors and their advisers wondering whether any crypto investment is safe. There have been dozens of cryptocurrency-related fraud schemes in recent years including Ponzi schemes and investment schemes using crypto and the blockchain to facilitate the fraud scheme.
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Business Crimes Bulletin
What the SEC May Be Signaling Through Its Approach to NFTs and F-NFTs
Mark Cianci, Charles Humphreville, Kelley Chandler and Ty Owen
Recent actions by the U.S. Securities and Exchange Commission (SEC), together with certain statements by SEC commissioners, may indicate a shift in approach toward a rebuttable presumption that digital assets are securities, without deference to formal legal tests.
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Cybersecurity Law & Strategy
FTX Bankruptcy Sends Tremors Through Crypto Regulation
Steven Salkin
The sudden and spectacular crash of crypto-exchange FTX will send long-lasting tremors through both the nation’s financial regulatory and bankruptcy landscapes.
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The Bankruptcy Strategist
What Can We Learn from the FTX Bankruptcy?
Steven Salkin
The sudden and spectacular crash of crypto-exchange FTX will send long-lasting tremors through both the nation’s financial regulatory and bankruptcy landscapes.
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Business Crimes Bulletin
Insider Trading Evolving Beyond Just Securities As DOJ Targets NFTS and Crypto
Robert J. Anello and Richard F. Albert
In two recent notable cases involving NFTs and cryptocurrency markets, the DOJ has brought insider trading charges under the wire fraud statute without claiming that any securities were involved. These cases demonstrate the substantial flexibility federal prosecutors have — or at least believe they have — in charging insider trading and underscore the oft-recognized need for a federal statute expressly addressing insider trading.
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Cybersecurity Law & Strategy
Arm Yourself Against Crypto Regulatory Uncertainty
Kristin L. Burnett
The promise that the crypto and digital assets markets bring comes bundled with uncertainty — especially on the regulatory front. Until jurisdictions adopt unified and consistent frameworks that account for the unique facets and features of cryptocurrencies, institutional investors and other market participants must keep abreast of ever-changing, dynamic laws to avoid sanctions and fines.
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The Bankruptcy Strategist
Cybercrime and Bankruptcy: The Crypto Winter
Sean J. Coughlin and Vivian B. Isaboke
It comes as no surprise that the crypto winter has reinforced the perception of critics that digital currencies are “risky, flawed and unproven digital financial instruments.” This article analyzes the state of the cryptocurrency market and examines the impact of cybercrimes and crypto bankruptcies on the current market.
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Cybersecurity Law & Strategy
Can Regulation Provide Stability Through ‘Cryptocurrency Winter’?
Sean J. Coughlin and Vivian B. Isaboke
It comes as no surprise as we enter the second half of the year that the crypto winter has reinforced the perception of critics that digital currencies are “risky, flawed and unproven digital financial instruments.” This article examines the impact of cybercrimes and crypto bankruptcies on the current market.
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Cybersecurity Law & Strategy
Crypto Asset Legal Difficulties
Jonathan Bick
Exploring crypto assets is akin to visiting the Land of Oz. Outwardly, both seem dazzling, foreign and off-color. However, by removing the technological blinders, equivalent to the emerald glasses worn by the citizens of the Emerald City, attorneys will likely understand that they know all they need to integrate crypto assets into their practice.
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Business Crimes Bulletin
Crypto Executive Order ‘Both a Landmark and a Question Mark’
Andrew Goudsward
The Biden administration released its long awaited executive order on cryptocurrency, directing a range of federal agencies to study and assess a litany of issues related to digital assets, including cybersecurity, money laundering and climate impact.
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