In 2022, the Uniform Law Commission adopted new amendments to the model Uniform Commercial Code ("UCC") to address cryptocurrency transactions, including secured lending involving digital assets. These amendments have been enacted by at least five states (Washington, New Mexico, Colorado, Indiana Continue Reading
The SEC Takes on Lindsay Lohan, Jake Paul and Six Other Celebrities Over Paid Crypto Posts
The Bottom Line The SEC is continuing to make good on its repeated warnings that it will aggressively enforce Section 17(b) of the Securities Act against influencers, including mainstream celebrities, who fail to disclose the nature, scope and amount of compensation received in exchange for their Continue Reading
New York Gets Tough on Virtual Currency
Going forward, it looks like crypto companies that make it in New York will be able to make it anywhere. All over, at the state and federal level and internationally, turmoil in the crypto industry is leading to increased scrutiny. In New York, home of the comprehensive (some would say onerous) Continue Reading
Reuters Legal News | Clawback to the Future: Avoidance Actions in Crypto Bankruptcies
When the history books are written, it may be said that the biggest event to shake the crypto world was not the crypto bankruptcies of 2022, but rather, the clawback of billions of dollars in crypto value in those bankruptcies. Since summer 2022, five major crypto companies have filed bankruptcy: Continue Reading
New Regulations, New Bankruptcy Law will be FTX’s Legacy
State of Play: Crypto Regulations in the Wake of the FTX Collapse
The course of regulatory reform in the U.S. related to digital assets is likely about to change as a result of the allegations against Sam Bankman-Fried and FTX affiliated entities in bankruptcy. Prior to FTX’s bankruptcy, and with Bankman’s support, the industry was gaining traction in promoting Continue Reading
Bloomberg Law | FTX Looks at Years of Lawsuits to Recover Billions From Customers
Joseph Cioffi was mentioned in Bloomberg Law, "FTX Looks at Years of Lawsuits to Recover Billions From Customers." Continue Reading
Association of Insolvency & Restructuring Advisors Advanced Restructuring & Plan of Reorganization Conference | Digital Assets and Investors in Distress
On November 14, Joseph Cioffi, Davis+Gilbert Insolvency + Finance chair, will speak on a panel at Association of Insolvency & Restructuring Advisors (AIRA) 21st Annual Advanced Restructuring & Plan of Reorganization Conference, during a session entitled, "Digital Assets and Investors in Continue Reading
Practising Law Institute | Advertising Law for Highly Regulated and Emerging Industries
On November 2, Louis DiLorenzo, Davis+Gilbert Advertising + Marketing associate, will speak on a panel for Practising Law Institute’s "Advertising Law for Highly Regulated and Emerging Industries." Session Overview Highly regulated or emerging industries like alcohol, marijuana, cannabidiol Continue Reading
Employee Relations Law Journal | Are Brokerage Windows Broken? Cryptocurrency Release Creates Concern for Plan Fiduciaries
In aware of firms marketing investments in cryptocurrencies to 401(k) recent months, the U.S. Department of Labor (“DOL”) has become plans as potential investment options for plan participants. In response to these concerns, the DOL issued Compliance Assistance Release 2022-01 (the “Release”). The Continue Reading