Search

On December 19, HM Revenue and Customs (“HMRC”), the UK’s counterpart to the US Treasury, published long-awaited (and arguably long overdue) guidance…

Article

Orrick, Herrington & Sutcliffe LLP | USA | 17 Dec 2018

Getting Smarter: CFTC Publishes Smart Contracts Primer

The Commodity Futures Trading Commission (CFTC) has joined other agencies in explaining the crypto-related products potentially within its…

Article

Orrick, Herrington & Sutcliffe LLP | USA | 13 Dec 2018

Dragged to the U.S. Courts (Part 3): The Importance of a Valid Forum-Selection Clause

We have said it in both part 1 and part 2 of this series: for a U.S. court to exercise its powers over a foreign defendant, it must have personal…

Article

Orrick, Herrington & Sutcliffe LLP | USA | 10 Dec 2018

Despite Alleged Fraud, Judge Denies SEC’s Preliminary Injunction Request Based on Howey

Despite evidence of egregious fraud in the marketing of tokens, a judge in the U.S. District Court for the Southern District of California recently…

Article

Orrick, Herrington & Sutcliffe LLP | USA | 6 Dec 2018

Dragged to the U.S. Courts (Part 2): Avoiding Personal Jurisdiction as a Non-U.S. Blockchain Company

Without personal jurisdiction over a defendant, a court cannot exercise its powers. And when it comes to non-U.S. companies who want to avoid being…

Article

Orrick, Herrington & Sutcliffe LLP | USA | 28 Nov 2018

Dragged to the U.S. Courts (Part 1): Jurisdiction and the Location of Blockchain Nodes

Following the 2017 ICO boom and the more recent declines in cryptocurrency prices, blockchain-related litigation has substantially increased. U.S…

Article

Orrick, Herrington & Sutcliffe LLP | USA | 26 Nov 2018

IRS Advisory Committee Identifies the Need to Enforce Compliance on Cryptocurrency Transactions

A recent report (the “Report”) of the IRS Commissioner’s Information Reporting Advisory Committee (“IRPAC”) has identified the need for additional…

1 2 3 ...