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New for 2024: Beneficial Ownership Reporting

While 2024 looks to be full of possibilities, it also starts the clock ticking on an issue that may affect many US-based corporations and LLCs: beneficial ownership reporting. Broadly, as of 2024, virtually all small companies and LLCs in the US are likely required to submit beneficial ownership information to the federal government. (Standard Disclaimer: […]
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CFTC action against Opyn: a new approach to geo-blocking?

2023 has continued to be a banner year for crypto legal news, with recent events including significant charges announced against Titan Global Capital, sanctions and charges against the founders of Tornado Cash, as well as an SEC administrative order against Impact Theory. Even more recently, the CFTC issued orders against operators of three DeFi protocols for offering illegal digital asset […]
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SEC v. Ripple: is XRP a security? Sometimes.

Update July 31, 2023: the court in SEC v. Terraform Labs Pte. Ltd. has explicitly rejected the reasoning in Ripple, in particular Ripple’s finding that the “Programmatic Buyers” could not have known if their payments of money went to Ripple, or any other seller of XRP, and thus, had no “reasonable expectation of profits from the efforts of others.” As per Terraform, “That a purchaser […]
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Binance and Coinbase: The SEC Goes for Broke

It finally happened. You’ve likely seen the recent SEC civil cases against Binance and Coinbase in the news as the latest major development in the legal landscape for crypto projects. In some ways, these cases are simply the logical continuation of other recent cases filed by the SEC. However, these cases are different in the scope and scale of […]
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Bittrex: Is It Enough to “Scrub” Your Advertisements?

You may have heard of the recent case filed against Bittrex Global GmbH by the SEC, alleging that Bittrex was operating an unregistered national securities exchange, broker, and clearing agency. While there’s a lot going on in this case, there are a few points we wanted to quickly highlight for your attention. (Standard Disclaimer: we’re lawyers, […]
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Suing a DAO: Is bZx a General Partnership?

In late March, a federal judge in California handed down a significant ruling regarding the liability of “decentralized autonomous organization” (“DAO”) members. If this sticks, and subsequent rulings follow the same pattern, DAO members may find themselves in the unenviable position of facing liability for any act attributable to the DAO. As such, this may […]
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Heather Smith

Herrington Editor Post Blog

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