Politics, Legal & Regulation

July 31, 2017 @ 1:59 pm By JD Alois  |  

Acting Comptroller of the Currency Keith Noreika is out with a statement on the controversial Consumer Financial Protection Bureau’s (CFPB) rule on arbitration agreements.  The CFPB announced a final position on Arbitration clauses with certain financial service firms and consumers. The rule has been criticized as… Read More

July 31, 2017 @ 11:53 am By Jason Best & Sherwood Neiss  |  

Regulation Crowdfunding is a little over a year old and the data indicates that it is a revenue and income generator for companies and a jobs engine for the economy. The law requires companies that complete successful campaigns to file an Annual Report with the… Read More

July 30, 2017 @ 2:17 pm By JD Alois  |  

In the aftermath of the SEC statement on Initial Coin Offerings and their intent to crack down on issuers in breach of securities law we reached out to Morrison Foerster for commentary on the question as to when an ICO is in fact a security…. Read More

July 29, 2017 @ 6:07 pm By JD Alois  |  

Tim Draper, a well known Venture Capitalist who is very active in Fintech, posted an open letter last week addressed the Securities and Exchange Commission regarding the recent comments on regulating Initial Coin Offerings. The letter was published in conjunction of the launch of the… Read More

July 27, 2017 @ 3:00 pm By Patrick A. Reardon  |  

  The decline in the number of public companies in the United States and the decline in the number of initial public offerings (IPOs) that occur each year are widely decried. It is irony that many who bemoan these changes are the very persons who… Read More

July 27, 2017 @ 11:07 am By Erin Hobey  |  

Abu Dhabi Global Market (ADGM), the International Financial Centre of Abu Dhabi, Labuan International Business and Financial Centre (Labuan IBFC) and Labuan Financial Services Authority (Labuan FSA) have entered new partnerships to foster greater collaboration on joint financial activities and regulatory practice that support the… Read More

July 25, 2017 @ 8:22 pm By JD Alois  |  

The SEC Division of Corporate Finance and Enforcement have jointly published a public statement regarding the DAO investigation and the ensuing report and cautionary statement on ICOs. The two powerful branches of the SEC came together in recognition of the changing world of finance as… Read More

July 25, 2017 @ 7:03 pm By Amy Wan  |  

My Facebook Messenger was blowing up this afternoon. “OMG Have you seen this?” “What does this mean?” “Can you explain what this says in stupid people talk?” They were all referring to today’s SEC  announcement on ICOs. So, I’ll take 15 minutes from what was… Read More

July 25, 2017 @ 5:08 pm By JD Alois  |  

The Securities and Exchange Commission (SEC) issued an investigative report today that may chill the booming Initial Coin Offering (ICO) market that has experienced hockey stick like growth in recent months.  The SEC cautioned market participants that sales of digital assets by “virtual” organizations are… Read More

July 24, 2017 @ 4:53 pm By JD Alois  |  

LedgerX, has received regulatory approval from the US Commodities and Futures Trading Commission (CFTC) to operate as a clearing platform for derivatives in contracts clearing in digital currencies such as Bitcoin. Under the order, LedgerX will be authorized to provide clearing services for fully-collateralized digital currency… Read More

July 24, 2017 @ 2:42 pm By JD Alois  |  

The Center for American Entrepreneurship (CAE) has launched today. The new organization is non-partisan in its make up but clearly is designed to help the little guy by advocating on behalf of entrepreneurship, startup innovation and the plethora of economic benefits created by new business… Read More

July 24, 2017 @ 1:46 pm By JD Alois  |  

Last week, the Independent Community Bankers of America  (ICBA) sent a letter to the attention of Kathy Moe, Regional Director of the FDIC in San Francisco. The subject of the letter was the ICBA’s vehement opposition to Fintech darling SoFi’s effort to become a licensed… Read More

July 24, 2017 @ 12:27 pm By JD Alois  |  

It is a fact that the number of public companies and the number of companies going public have dramatically decreased over the last 15 years. For private investors like High Net Worth Individuals or Venture Capitalists this has not been an issue. It is arguable… Read More

July 21, 2017 @ 2:35 pm By JD Alois  |  

Today the Faster Payments Task Force, created by the Federal Reserve, released its final report along with their recommendations on what needs to be accomplished to bring the US up to date in the payments space. Anybody engaged in the payments sector understands that the US… Read More

July 21, 2017 @ 12:24 pm By JD Alois  |  

The Faster Payments Task Force is a group of payment industry stakeholders with representatives from across the payment ecosystem. The group involved over three hundred different stakeholders. The Federal Reserve assembled the task force to help identify and evaluate alternative approaches to implementing safe and… Read More

July 20, 2017 @ 7:40 pm By JD Alois  |  

Commissioner Michael Piwowar, who was Acting Chair of the Securities and Exchange Commission (SEC) until the successful appointment of Jay Clayton, visited with David Burton of the Heritage Foundation earlier this week providing a unique glimpse into the world of the SEC. Burton, who is… Read More

July 20, 2017 @ 5:06 pm By JD Alois  |  

Yesterday, the acting Comptroller of the Currency, Keith Noreika, dove into one of the hottest debates the Office of the Comptroller of the Currency (OCC) has endured in years. Noreika expressed his support on the concept of creating a national Fintech Charter to allow nascent… Read More

July 20, 2017 @ 1:44 pm By Erin Hobey  |  

As previously reported, the Delaware House of Representatives passed amendments to state law that would make it explicitly legal for stocks to be traded on a blockchain, the technology behind cryptocurrencies like Bitcoin and Ether. The amendments relating to trading stock on a blockchain were added… Read More

July 20, 2017 @ 10:49 am By JD Alois  |  

Republicans members on the House Financial Services Committee have introduced legislation (H.J. Res 111) designed to nullify a controversial rule published by the Consumer Financial Protection Bureau (CFPB). The resolution is cosponsored by all 34 Republican Members of the Financial Services Committee and mirrors a resolution… Read More

July 19, 2017 @ 6:09 pm By JD Alois  |  

Chief Deputy Whip Patrick McHenry, the Vice Chairman of the House Financial Services Committee has partnered with Congressman Gregory Meeks to introduce HR 3299 entitled, “Protecting Consumers’ Access to Credit Act of 2017“. This bill is designed to “restore consistency to our nation’s lending laws… Read More