Newsletters

02.13.23

Kraken Crypto Staking Program for U.S. Investors Shut Down in Aggressive Expansion of the Howey Test

Payward Ventures, Inc., d/b/a Kraken, the cryptocurrency exchange, has entered into a $30 million settlement agreement with the U.S. Securities and Exchange Commission (SEC) over allegations the company failed to register its cryptocurrency staking program, in violation of U.S. securities laws.


09.19.22

Move Fast and Make (Break?) Things: IP-Related NFT Litigation Trends

Although NFTs (non-fungible tokens) have been around since approximately 2014, they exploded into the mainstream in early 2021, fetching eye-popping prices at auction.


03.03.22

Focus on Crypto and Blockchain: Regulatory Fog Begins to Lift, but Many Questions Remain

The cryptocurrency and blockchain industry has developed over the past decade with a large and increasingly glaring void: What regulations ultimately will apply and who will regulate the space?


01.25.22

Crypto Reporting Rules in the Biden Infrastructure Deal

The Infrastructure Investment and Jobs Act, H.R. 3684, commonly referred to as the infrastructure bill, was signed into law by President Biden on November 15, 2021.


11.23.21

U.S. Cyber Regulations Expand: Banking Agencies Approve New Incident Notification Requirements

On November 18, the Office of the Comptroller of the Currency, the Federal Reserve and the Federal Deposit Insurance Corporation adopted a rule that will require banking organizations and their bank service providers to give notice of certain computer-security ...


11.11.21

OFAC Speaks Again on Ransomware: Mature Cybersecurity Programs Are Important

As employees clicked away at home amid the COVID-19 pandemic lockdown, ransomware attacks surged.


05.20.21

OCC Hits the Brakes on Crypto and Fintech: What Next?

When Michael Hsu became acting U.S. Comptroller of the Currency earlier this month, banking industry experts predicted a shift away from the aggressive innovation pushed by fintech-friendly Brian Brooks, who resigned as the Biden administration prepared to take the reins.


01.05.21

Fintech Year in Review—2020

As we prepare to put 2020 in the rearview mirror, many of us will not have fond memories of the year.


10.22.20

Security Implications of Extraterritorial Application of U.S. Law on Cryptocurrency Markets

Recent action by the U.S. government reminds us that engaging in the cryptocurrency markets continues to present counterparty risk in the context of with whom you are doing business.


01.09.20

Manatt Fintech: What to Expect in 2020

Taking a break after eight brisk years of regulatory and litigious turbulence, the world of fintech and marketplace lending in 2019 was notable for being more business as usual, or what some might call a “ho hum” year of upward growth.