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    A few additional thoughts… on the regulatory response in the wake of the FTX bankruptcy
    2022-12-07

    We recently had a chance to speak to The Independent and

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, IT & Data Protection, Reed Smith LLP, Bitcoin, Cryptocurrency, US Securities and Exchange Commission, Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), US Congress
    Authors:
    J.H. Jennifer Lee , Mark E. Bini
    Location:
    USA
    Firm:
    Reed Smith LLP
    English court assists cryptocurrency fraud recovery - case relevant in other common law jurisdictions, including Australia
    2022-12-07

    In the recent case of LMN v Bitflyer Holdings Inc & Ors [2022] EWHC 2954, the High Court of England and Wales made orders directed at a number of cryptocurrency exchanges requiring them to provide information in relation to misappropriated crypto assets.

    Filed under:
    Australia, Singapore, United Kingdom, England & Wales, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Ironbridge Legal, Fraud, Dispute resolution, Cryptocurrency, Asset recovery, Insolvency, House of Lords
    Authors:
    Trevor Withane
    Location:
    Australia, Singapore, United Kingdom
    Firm:
    Ironbridge Legal
    What is the state of crypto regulation after FTX’s collapse?
    2022-12-01

    FTX was the third-largest cryptocurrency exchange at one point, but came crashing down to earth in 2022 and filed for bankruptcy in the US on 11 November. The platform’s downfall has reignited the debate around the regulation of cryptocurrencies globally and in specific jurisdictions. Marc Jones considers the arguments here.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Stewarts, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), Bank of England, Financial Services and Markets Act 2000 (UK)
    Authors:
    Marc Jones
    Location:
    United Kingdom
    Firm:
    Stewarts
    Proposed UCC Amendments to Article 12 Shed New Light on Transacting and Securing Interests in Digital Assets
    2022-12-01

    Summary of Key Uniform Commercial Code (UCC) Amendments

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Greenberg Traurig LLP, Blockchain, Bitcoin, Cryptocurrency, Non-fungible tokens, Uniform Commercial Code (USA)
    Authors:
    John Hutton
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    It’s A Wonderful Life’s Lessons Ring True in BlockFi Bankruptcy
    2022-11-29

    We are heading into the holiday season. It’s a Wonderful Life will be on television. And cryptocurrency bankruptcies will be in the news. Yesterday, BlockFi filed for bankruptcy. What does a seventy year old Frank Capra movie – about a bank run in a small town during the Great Depression – tell us about the latest crypto platform’s liquidity crisis? Will depositors get their money back? Is there any insurance for the creditors?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Womble Bond Dickinson (US) LLP, Bitcoin, Cryptocurrency, Google, Federal Deposit Insurance Corporation (USA), Aon
    Authors:
    Jonathan Reid Reich
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    FTX Bankruptcy—What Could Be Next for the Industry?
    2022-11-30

    One of the world’s largest cryptocurrency exchanges—FTX Trading Ltd.—and many of its affiliates filed for bankruptcy earlier this month.1 While the full impact of the FTX bankruptcy is not yet clear, various responses from the executive branch and federal and state regulators indicate that, in the short term, agencies will continue to use their existing authorities to seek information about the practices of crypto market participants and to enforce existing rules to protect customers and avoid further market contagion.2 The following statements may indicate what market

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Wilmer Cutler Pickering Hale and Dorr LLP, Bitcoin, Due diligence, Cryptocurrency, US Securities and Exchange Commission, FINRA, Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA), US Congress, National Futures Association (USA)
    Authors:
    Yoon-Young Lee , Tiffany J. Smith , Matthew B. Kulkin , Michael Held , Susan Schroeder , Eliza Gonzalez
    Location:
    USA
    Firm:
    Wilmer Cutler Pickering Hale and Dorr LLP
    The collapse of ftx - a regulatory and claims perspective
    2022-11-22

    Cryptoassets are traded on a global basis. Indeed, the markets are even more global and constant than markets in more conventional financial instruments, rivalled only perhaps by the FX markets in their reach.

    Filed under:
    Global, USA, Delaware, Banking, Compliance Management, Insolvency & Restructuring, IT & Data Protection, Collyer Bristow LLP, Corporate governance, Blockchain, Due diligence, Cryptocurrency
    Authors:
    Nigel Brahams , David Vaughan , Robin Henry
    Location:
    Global, USA
    Firm:
    Collyer Bristow LLP
    Crypto Commingling: Celsius Examiner files Initial Report
    2022-11-22

    Shoba Pillay, the Examiner appointed in Celsius’ bankruptcy cases, filed her interim report on November 19, 2022. The Celsius Examiner’s report provides some important insight into a crypto-exchange’s operational and risk management failures which may provide investors and creditors some insight into what to expect in FTX.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Crowell & Moring LLP, Bankruptcy, Cryptocurrency
    Authors:
    Frederick (Rick) Hyman , Richard J. Lee
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Court of Appeal summaries (November 14, 2022 - November 18, 2022)
    2022-11-19

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of November 14, 2022.

    Filed under:
    Canada, USA, Ontario, Banking, Capital Markets, Company & Commercial, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Real Estate, White Collar Crime, Blaney McMurtry LLP, Bankruptcy, Power of attorney, Financial Crimes Enforcement Network (USA), British Columbia Supreme Court
    Authors:
    John Polyzogopoulos
    Location:
    Canada, USA
    Firm:
    Blaney McMurtry LLP
    Crypto Company FTX Files Massive Bankruptcy in Delaware
    2022-11-21

    Another domino has fallen. Earlier this year, we wrote about the challenges facing the crypto industry that resulted in the bankruptcy filings of Three Arrows Capital, Celsius Network, and Voyager Digital. We noted that other crypto entities could also end up in chapter 11, and that prediction has proven correct.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Patterson Belknap Webb & Tyler LLP, Due diligence, Cryptocurrency, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Authors:
    Kimberly Black , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP

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