By

Lilya Tessler

15 March 2022

Executive Order on Ensuring Responsible Innovation in Digital Assets

On March 9, 2022, President Joe Biden signed an executive order (EO) to engage several federal agencies in a comprehensive review of the federal government’s approach to cryptocurrencies and digital assets. The broad scope of the EO outlines a unified, “whole-of government” approach to developing policy for digital assets across … Read More

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02 November 2021

Institutional Investor’s Introduction to Blockchain and Digital Asset Investing

Article I: Digital Asset Overview and Methods to Gain Exposure to Digital Assets  

Given the growth of markets for cryptocurrencies and other blockchain-based assets, often referred to as “digital assets,” we see growing interest from traditional investment managers in gaining exposure to this emerging asset class. We have seen development … Read More

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27 July 2021

Enhanced Focus on Digital Asset Intermediaries by SEC, Congress, and State Securities Regulators

Given the substantial growth in digital asset investments this year, intermediaries offering trading and lending services are now the target of regulatory and enforcement focus that we expect will continue in the coming months and years. Recent examples of this increased scrutiny of digital asset service providers and intermediaries include… Read More

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24 December 2020

FinCEN Proposes Tracking and Reporting Virtual Currency Transactions Involving Unhosted Wallets

On December 18, 2020, the Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPR) regarding a proposal to impose on banks1 and money service businesses (MSBs) new recordkeeping, reporting, and identity verification requirements in relation to certain transactions involving convertible virtual currency (CVC) or digital assets … Read More

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05 October 2020

Introducing Sidley’s Blockchain Legal Launch Pad

Adoption of blockchain and distributed ledger technology has the potential to revolutionize business and business practices in ways not seen since the advent of the internet and e-commerce.

Whether you are directly responsible for researching, developing, or implementing new blockchain initiatives, or you are executive management and need a more … Read More

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01 October 2020

SEC Issues No-Action Letter for Certain Alternative Trading Systems Trading Digital Asset Securities

On September 25, the U.S. Securities and Exchange Commission (SEC)’s Division of Trading and Markets issued its first no-action letter (Letter) to the Financial Industry Regulatory Authority, Inc. (FINRA),1 related to digital asset securities. Based on the Letter, the SEC staff (Staff) would not recommend enforcement action pursuant to … Read More

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17 June 2020

FINRA Issues its 2020 Artificial Intelligence Report for Industry Comment

On June 10, the Financial Industry Regulatory Authority (FINRA) released its Artificial Intelligence (AI) in the Securities Industry Report (Report), a culmination of a two-year review by FINRA’s Office of Financial Innovation to learn about the emerging challenges confronted by broker-dealers (Firms) and other market participants as they introduce AI-based … Read More

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14 February 2020

SEC Commissioner Peirce Proposes Blockchain Token Safe Harbor

On February 6, 2020, U.S. Securities and Exchange Commission (SEC or Commission) Commissioner Hester M. Peirce (Commissioner Peirce) gave a speech describing the need for more clarity on application of the securities laws to the offer and sale of blockchain tokens or digital assets. As part of the speech, she … Read More

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17 January 2020

SEC Warns Investors Regarding Digital Asset Initial Exchange Offerings

On January 14, 2020, the U.S. Securities and Exchange Commission (SEC) Office of Investor Education and Advocacy published an investor alert (Alert) regarding initial exchange offerings (IEOs), a type of digital asset fundraising facilitated by online trading platforms.1 Although the Alert is directed at investors, it provides important information … Read More

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16 October 2019

U.S. Financial Regulators Clarify Oversight of AML/CFT Obligations in Connection With Digital Asset Activities

On October 11, 2019, the leaders of the U.S. Commodity Futures Trading Commission (CFTC), the Financial Crimes Enforcement Network (FinCEN) and the U.S. Securities and Exchange Commission (SEC) (together, the Agencies) issued a joint statement highlighting the application of anti-money laundering and countering the financing of terrorism (AML/CFT) obligations under … Read More

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