In-depth legal analysis of crypto issues
Market manipulation in cryptocurrency markets has attracted intense regulatory scrutiny. Understanding the legal definitions and enforcement patterns helps market participants avoid crossing the line from aggressive trading into illegal conduct. Wash Trading Wash trading involves simultaneously buying and selling the same asset to create the illusion of market activity. In crypto markets, this is particularly…
While cryptocurrency is not always classified as a security, insider trading laws can still apply to digital asset transactions. Understanding when and how these rules apply is essential for anyone with access to non-public information about crypto projects. The Expanding Reach of Insider Trading Law Traditionally, insider trading applied only to securities. However, recent DOJ…
A Wells Notice from the SEC signals that enforcement staff has made a preliminary decision to recommend charges against your company. While alarming, this is not the end—it is your opportunity to present your defense before formal action is taken. What Is a Wells Notice? Named after SEC Chairman John Wells, a Wells Notice is…
The CFTC has withdrawn outdated digital asset guidance, creating regulatory uncertainty for crypto market participants.
[cryptolaw_takeaway]FASB issued new accounting standards for cryptocurrency in 2023, effective for fiscal years beginning after December 15, 2024. The new rules require fair value measurement with changes recognized in income, replacing the previous impairment-only model. Companies holding crypto assets should prepare for implementation and evaluate financial statement impacts.[/cryptolaw_takeaway] The New FASB Standard In December 2023,…
[cryptolaw_takeaway]Insurance coverage for cryptocurrency holdings remains limited but evolving. Specialized crypto insurance products cover custody, theft, and errors, though capacity is constrained and premiums are high. Traditional insurance policies typically exclude digital asset losses. Understanding coverage gaps is essential for risk management.[/cryptolaw_takeaway] The Insurance Gap Traditional insurance policies generally do not cover cryptocurrency losses: Crime…
[cryptolaw_takeaway]Cryptocurrency litigation continues to expand across securities class actions, bankruptcy proceedings, fraud claims, and regulatory enforcement. Key cases like SEC v. Ripple have established important precedents, while ongoing litigation against major exchanges and DeFi protocols will shape the regulatory landscape for years to come.[/cryptolaw_takeaway] SEC Enforcement Litigation SEC enforcement actions against crypto entities have generated…
[cryptolaw_takeaway]Cryptocurrency advertising faces restrictions under SEC rules, FTC guidelines, state consumer protection laws, and platform policies. Paid promotions require clear disclosure, performance claims must be substantiated, and influencer endorsements face heightened scrutiny. The SEC has brought enforcement actions against celebrities and influencers for undisclosed crypto promotion.[/cryptolaw_takeaway] SEC Advertising Restrictions When crypto assets constitute securities, advertising…
[cryptolaw_takeaway]Privacy coins like Monero, Zcash, and Dash face heightened regulatory scrutiny due to features that obscure transaction details. While privacy-preserving technology serves legitimate purposes, regulators express concern about money laundering, sanctions evasion, and law enforcement challenges. Many exchanges have delisted privacy coins in response to regulatory pressure.[/cryptolaw_takeaway] How Privacy Coins Work Privacy-focused cryptocurrencies implement various…
[cryptolaw_takeaway]OFAC sanctions compliance applies to cryptocurrency transactions without exception. Crypto businesses must screen customers, counterparties, and blockchain addresses against sanctions lists. Recent enforcement actions—including the Tornado Cash designation—demonstrate OFAC willingness to pursue novel sanctions applications in the digital asset space.[/cryptolaw_takeaway] OFAC Jurisdiction Over Crypto The Office of Foreign Assets Control administers U.S. economic sanctions programs,…
[cryptolaw_takeaway]The CFTC regulates cryptocurrency derivatives including futures, options, and swaps under the Commodity Exchange Act. Platforms offering leveraged or margined crypto products to retail customers face registration requirements. The CFTC has brought significant enforcement actions against unregistered derivatives platforms including BitMEX and Binance.[/cryptolaw_takeaway] CFTC Derivatives Jurisdiction The Commodity Futures Trading Commission exercises exclusive jurisdiction over…
[cryptolaw_takeaway]The Markets in Crypto-Assets Regulation (MiCA) establishes the European Union comprehensive framework for crypto asset regulation. Effective in phases starting 2024, MiCA creates licensing requirements for crypto service providers, stablecoin issuers, and token offerings. Companies serving EU customers must understand these requirements regardless of where they are based.[/cryptolaw_takeaway] MiCA Overview MiCA represents the world first…
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