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News and Insight on Cryptocurrency Law

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Crypto Law and Disputes

News and Insight on Cryptocurrency Law

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Crypto Policy and Legislation

The Biden Blueprint: Unpacking Administration Policies Shaping the Crypto Economy

By Eric Rosen on April 12, 2024
Crypto and Securities

Security Today, Non-Security Tomorrow: Have Recent Crypto Decisions Under the Howey Test Created Unworkable Standards?

By Eric Rosen on January 24, 2024
Crypto Policy and Legislation

New Crypto Tax Rules: Dynamis Quick Take

By Eric Rosen on January 16, 2024
Crypto General Knowledge

Crypto Terminology Cheat Sheet

By Eric Rosen on January 10, 2024

Is It Time to Re-Assess Whether the Term “Investment Contract” in the Securities Act and Exchange Act is Unconstitutionally Vague?

By Constantine Economides on January 9, 2024

I. Introduction 

For years, courts viewed the “Howey” test as clear guidance as to whether a particular asset or investment was a security. Now, recent inconsistent decisions, particularly in the crypto space, have questioned that clear guidance. The effect is a rekindling…

Posted in Crypto and Securities

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28 U.S.C. § 1782 Could Be a Powerful Tool for International Crypto Litigation

By Constantine Economides on January 9, 2024

I. Introduction

28 U.S.C. § 1782 permits foreign litigants to obtain discovery in the United States in aid of foreign litigation. In the age of crypto litigation—arising from business disputes, scams, and/or fraud—litigants abroad could use Section 1782 as a means to trace crypto…

Posted in Crypto Disputes

Decrypting The Proposed Digital Asset Anti-Money Laundering Act of 2023

By Eric Rosen on January 9, 2024

I. Introduction

In the rapidly evolving and novel world of cryptocurrency, legal and regulatory developments have the potential to shape the trajectory of the industry just as much as companies and consumers, if not more. The proposed Digital Asset Anti-Money Laundering Act of 2023…

Posted in Crypto Policy and Legislation

5 Crypto Decisions From 2023 Every Lawyer Should Know

By Eric Rosen on January 7, 2024

5 Under the Radar Crypto Decisions from 2023: What You Need to Know

2023 was a big year for crypto litigation. SEC cases against Ripple and Coinbase dominated the headlines. But, a number of other decisions (some known, some not known) have the potential to…

Posted in Crypto Disputes

The Electronic Fund Transfer Act (“EFTA”) and Crypto

By Constantine Economides on January 2, 2024

I. Introduction

It is unclear whether and to what extent the Electronic Fund Transfer Act (“EFTA”)—which dictates rights and liabilities as to unauthorized electronic fund transfers—applies to cryptoassets and crypto transactions. The answer depends on future interpretations of various terms in the EFTA’s statutory text.

Posted in Crypto Policy and Legislation
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