Virtual currencies as commodities—CFTC wins battle in the fight to define cryptocurrencies as commodities but has it won the war?
Posted on Oct 2, 2018 in Financial Services, Government, Litigation, Regulation, Securities & Corporate Governance | Comments Off on Virtual currencies as commodities—CFTC wins battle in the fight to define cryptocurrencies as commodities but has it won the war?
A federal court in Massachusetts allowed the US Commodity Futures Trading Commission’s fraud case against virtual currency operators to continue by finding that the digital coin met the definition of “commodity” under the Commodity Exchange Act. The court rejected the defendants’ argument that the virtual currency at issue was not a “commodity” because there was no futures contract...
A week of “firsts” in cryptocurrency prosecution
Posted on Sep 17, 2018 in Financial Services, Litigation, Regulation, Securities & Corporate Governance | Comments Off on A week of “firsts” in cryptocurrency prosecution
On September 11, 2018, a number of “firsts” occurred in the prosecution of cryptocurrency-related activities at the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and federal district court that will likely become the norm going forward. The SEC announced its first enforcement action for an investment company registration violation...
Protecting your assets Block and tackle—unclaimed property and cryptocurrency
Posted on May 15, 2018 in Financial Services, Litigation, Securities & Corporate Governance | Comments Off on Protecting your assets Block and tackle—unclaimed property and cryptocurrency
As promoters of cryptocurrencies and digital-asset exchanges face intense scrutiny from tax, securities and other financial services regulators, they will soon have to contend with unclaimed property (or escheat) laws in the United States. This article explores how these laws could apply to cryptocurrency exchanges, hosted wallets, and other market participants, such as banks,...
The SEC wants companies to talk about cybersecurity
Posted on Mar 8, 2018 in Cybersecurity, Financial Services, Regulation, Securities & Corporate Governance | Comments Off on The SEC wants companies to talk about cybersecurity
On February 21, 2018, the Securities and Exchange Commission issued an interpretive release providing important guidance to certain registrants on cybersecurity disclosure. The guidance makes clear its view that material risks or incidents related to cybersecurity fall within a company’s ongoing obligation to disclose material information in current and periodic reports. The guidance...
Securing the Cloud
Posted on Jan 23, 2018 in Cybersecurity, Financial Services, Insurance, Litigation, Securities & Corporate Governance | Comments Off on Securing the Cloud
Eversheds Sutherland Partner Michael Bahar is quoted in the Winter edition of USA Today Homeland Security regarding increasing efforts to keep data safe in the ‘new normal.’ “Particularly this summer, we’ve seen attackers going further – to extortion, data manipulation, disruption and even destruction,” said Michael. “What is increasingly critical is to respond to the rapidly evolving...
Making Multifactor Authentication Work
Posted on Sep 25, 2017 in Cybersecurity, Litigation, Securities & Corporate Governance | Comments Off on Making Multifactor Authentication Work
Eversheds Sutherland Partner Michael Bahar is quoted in this GCN article providing insight on multifactor authentication for federal agencies. Learn more.
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