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Orrick, Herrington & Sutcliffe LLP | USA | 28 Jan 2019
SEC and FINRA Confirm Digital Assets a 2019 Examination Priority
Recently, the Staffs of the SEC and FINRA announced their annual examination and regulatory priorities: the SEC’s Office of Compliance, Inspections…
Orrick, Herrington & Sutcliffe LLP | USA | 23 Jan 2019
Transactors in Digital Tokens - New Bill Offers Hope
On December 20, 2018, Representatives Warren Davidson (R-Ohio) and Darren Soto (D-Fla) offered some early holiday hope to digital token issuers by…
Orrick, Herrington & Sutcliffe LLP | USA | 9 Jan 2019
The CFTC Wants to Know More About Ether: Your Feedback Could Impact Ether Futures in 2019
The CFTC is giving the public an opportunity to influence its views as they relate to Ethereum, Ether or similar virtual currencies or projects. On…
Orrick, Herrington & Sutcliffe LLP | United Kingdom | 3 Jan 2019
HMRC Publishes UK Tax Guidance on Cryptocurrency for Individuals
On December 19, HM Revenue and Customs (“HMRC”), the UK’s counterpart to the US Treasury, published long-awaited (and arguably long overdue) guidance…
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…
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…
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…
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…
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…
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…
