News and Insight on Cryptocurrency Law
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…
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…
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…
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…
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.
