Tag: SEC

NFTs: Collectibles or Securities? Navigating the Digital Asset Frontier

By: Charlotte Golnik The non-fungible token (“NFT”) market is expanding and expected to reach $231.98 billion by 2030.  NFTs traded on platforms like OpenSea are unique digital assets with monetary value that represent real-world objects.  Unlike fungible cryptocurrencies, NFTs are non-fungible and cannot be replicated, thanks to digital signatures and smart contracts that secure ownership… Read More NFTs: Collectibles or Securities? Navigating the Digital Asset Frontier

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Spot vs. Futures: Analyzing the SEC’s Dilemma in Bitcoin ETF Approvals

By: Paul Coste The Securities and Exchange Commission (SEC) has been denying applications for spot bitcoin exchange-traded funds (ETFs) since the Winklevoss twins’ first application in 2017, consistently reasoning that the products are not “designed to prevent fraudulent and manipulative acts and practices,” which is required by the Exchange Act. However, the agency does not… Read More Spot vs. Futures: Analyzing the SEC’s Dilemma in Bitcoin ETF Approvals

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Is Attorney-Client Privilege Strong Enough to Uphold the SEC?

By: Casey Reilly In November 2020, Covington & Burling suffered a Microsoft Exchange cyber-attack sponsored by Hafnium, a group of Chinese-sponsored threat actors.  Hafnium is a highly sophisticated actor that exploited four vulnerabilities in the Microsoft Exchange email platform in order to steal data from U.S. contractors, infectious disease researchers, and law firms.  Fast forward… Read More Is Attorney-Client Privilege Strong Enough to Uphold the SEC?

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Will the SEC’s New Climate Disclosure Rules Hold Up Under West Virginia v. EPA?

By: Alexandra Evarts In a growing push for private industry to address its climate impact, the Securities and Exchange Commission (“SEC”) has proposed new requirements for public companies to disclose environmental, social, and governance (“ESG”) related information.  The new rules, which were initially proposed in March 2022, will mandate public companies to provide certain climate-related… Read More Will the SEC’s New Climate Disclosure Rules Hold Up Under West Virginia v. EPA?

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Is the SEC About to Hit Startups With Another Rule?

By: Aleksandra Conway Silina The proposed regulation from the Securities and Exchange Commission (“SEC”) is causing concern amongst venture capitalists.  The new rule would make it easier to hold investors accountable for negligence, increasing venture capitalists’ (“VCs’”) responsibility for the failures of the startups they fund.  Aimed at addressing issues such as “lack of transparency”… Read More Is the SEC About to Hit Startups With Another Rule?

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Kim Kardashian: Working on Her Fitness, Not So Much Her Character

By: Catherine Nicholson On June 13, 2021, Kim Kardashian touted a cryptocurrency asset security on her Instagram account in exchange for $250,000.  The asset promoted in that Instagram post was a token offered by EthereumMax: “EMAX Tokens”.  EMAX Tokens are digital currency that purports to give owners of the Token special perks such as “special… Read More Kim Kardashian: Working on Her Fitness, Not So Much Her Character

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Software Won’t Save You Now: McAfee, Cryptocurrency and the IRS

What do the rapper T.I. and infamous computer innovator John McAfee have in common? They’ve both been indicted in 2020 on tax charges related to cryptocurrency. If you read about John McAfee in a novel, you would think the author got lazy and borrowed the character from a knock-off James Bond story. McAfee made his fortune in the 1970s and 1980s by creating one of the first anti-virus digital security companies. His actual net worth is unknown because of his unusual income, the financial collapse, and his various legal troubles. But over the past few years, McAfee has been advertising his services as a promotional base for smaller, lesser-known cryptocurrencies. … Read More Software Won’t Save You Now: McAfee, Cryptocurrency and the IRS

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