Tagged: joshua klayman

Chambers Ranks Top US Blockchain/Crypto Lawyers

London based Chambers, one of the legal industries most prestigious ranking entities, has just published their list of top ranking attorneys in the cryptocurrency and blockchain sector. Chambers seeks to identify the “best law firms globally, whether they are multi-national or boutique.” Law firms and… Read More

“The Case Will Proceed to Trial”:  Taking the RECoin / Diamond & Other ICO Actions One Step at a Time

The Jury by John Morgan Trial Court Judge Law

As has been reported widely, digital token sales (sometimes referred to as initial coin offerings or ICOs) arguably are becoming increasingly important as a new form of capital raising.  To date, certain regulators (including the U.S. Securities and Exchange Commission (the “SEC”)) have provided ongoing… Read More

FinCEN Director Kenneth Blanco Addresses Tough Topic of Cryptocurrency, Attorney Joshua Klayman Adds Insight to Topics Discussed

This week, at an event in Chicago that focused on legal questions swirling around the emerging cryptocurrency industry, FinCEN Director Kenneth Blanco delivered a much anticipated speech regarding his agency’s thoughts on digital assets and virtual currencies. FinCEN is part of the US Department of… Read More

Prominent Blockchain Attorney Joshua Ashley Klayman Launches Blockchain- and Digital Token-Focused Law Firm & Blockchain Strategy Consulting and Advisory Firm

Joshua Ashley Klayman, a well known name in the digital token sale / blockchain industry, has departed Morrison & Foerster LLP to launch her own boutique law firm targeting the industry she has been intimately engaged with for the past few years. Announced today, Klayman LLC… Read More

CFTC Chair Giancarlo Applauds Operation Cryptosweep. Says “Virtual Currencies and Other Exponential Digital Technologies are Taking Us into a New Era”

On the same day the North American Securities Administrators Assocation (NASAA) announced “Operation Cryptosweep” – a coordinated enforcement action targeting fraudulent initial coin offerings (ICOs), Commodity Futures Trading Commission (CFTC) Chair J. Christopher Giancarlo delivered a speech to NASAA members. Within his prepared remarks, Giancarlo stated;… Read More

Prominent Cryptocurrency Attorneys Lewis Cohen and Angela Angelovska-Wilson Launch New Law Firm DLx Law

In a report today, it was announced that Lewis Cohen, formerly of white shoe law firm Hogen Lovells, and Angela Angelovska-Wilson, recently the GC of Digital Asset, have formed their own law firm targeting the blockchain industry. The new firm, DLx Law, is designed to “align… Read More

Securities and Exchange Commission Issues Statement Regarding “Unlawful” Cryptocurrency Exchanges

The Securities and Exchange Commission (SEC),  Divisions of Enforcement and Trading and Markets, has published a statement on “online trading platforms,” or cryptocurrency exchanges, that trade in tokens minted by initial coin offerings (ICOs) and digital assets in general. The SEC stated: “The platforms often… Read More

Understanding the CFTC’s Proposed Interpretation of “Actual Delivery” for Cryptocurrency Retail Commodity Transactions

The recent and rapid proliferation of cryptocurrency¹ transactions involving retail or “Main Street” customers has left some — including many cryptocurrency platforms serving retail customers — grappling conceptually with the answer to a fundamental question: what constitutes “actual delivery” of cryptocurrency in the eyes of the… Read More

Pump & Dump Digital Currency: Commodity Futures Trading Commission Warns Investors to Watch Out for These Scams

The Commodity Futures Trading Commission (CFTC) has issued a warning to consumers to beware of pump and dump scams that have become somewhat prevalent in initial coin offerings and digital currencies in general. The CFTC says it has received complaints from customers who have lost… Read More

The Taxman Cometh: Tax Reform May Impact Cryptocurrency Trading

It is that time of year again. Tax time. The dreaded annual routine where you compile all of your state and federal tax forms into an envelope and shuffle it off to your accountant. Alternatively, you may use a tax software and do it yourself… Read More

The Empire Strikes Back: Traditional Debt and Equity Capital Providers Get Smart(er) About Token Sales

With thanks to Greg Murphy of Outlier Ventures for his contribution to this article. Now that 2018 is well underway, traditional debt and equity capital providers would be wise to re-examine many of their familiar forms of contracts to identify new risks – and realize… Read More

Blockchain Leaders Schedule 2018 Digital Assets Investment Forum

FinTech4Good, Alternative Assets, Asia Finance Association, and the Wall Street Blockchain Alliance, have joined together to create the 2018 Digital Assets Investment Forum (DAIF) scheduled for January 16th, 2018 in New York. This is a one day seminar covering all things blockchain including the fast evolving… Read More

A 21st Century “Kodak Moment”: the Kodak and WENN Digital Security Token Sale

“Photography is more than a medium for factual communication of ideas. It is a creative art.” – Ansel Adams The past year has witnessed a flurry of remarkable “initial coin offerings,” or ICOs.  The pending KODAKCoin digital token sale jointly announced by Kodak and WENN… Read More

KNO-MO?   The Seemingly Small (Yet Actually Chasmic) Gap Between Crypto Knowledge & Crypto Capability

Oh the excitement!  Oh the frustration! Each day, more and more people are becoming aware of digital tokens generally, and an ever increasing number of them have begun the journey into purchasing some of those tokens.  But a lack of mechanical technological know-how may leave… Read More

The Token Sale Sky is Not Falling. Unless We Cause It To.

You Can’t Generally Stop Someone From Suing You. In the years before the blockchain buzz, I often would sit in my mentor’s office for conference calls. Even on calls where there was not much for me to add, I always learned from listening to him… Read More

Gibraltar: Does Statement on Initial Coin Offerings Include New Regulatory Framework?

  On September 22, 2017, the Gibraltar Financial Services Commission (GFSC) issued a Statement on Initial Coin Offerings (ICO).   With the GFSC Statement, Gibraltar joined a growing number of jurisdictions that have provided token sale guidance, including, among others, the United States, Canada,  Singapore,  Hong… Read More

Joshua Klayman Shares Her Perspective on Marco Santori’s White Paper on SAFTs

Marco Santori, Fintech Team Leader at the law firm of Cooley LLP, has published a white paper tackling the issue of “Simple Agreement for Future Tokens” or SAFTs – the widely used structure for Initial Coin Offerings (ICOs). Santori proposes a path toward a compliant framework… Read More

Comment on Recent Regulatory Moves by South Korea & Switzerland Regarding ICOs

Just about every week we have been hearing about regulators in one country or another curtailing Initial Coin Offerings or simply banning them outright. China, perhaps taking the most extreme action, simply banned cryptocurrency exchanges and ICOs effectively crushing the nascent market domestically. Last week… Read More

ICOs & a Sustainable Global Token Sale Market: Joshua Klayman of MoFo Provides Answers

There is a lot going on in the cryptocurrency driven Initial Coin Offering market today. In recent weeks, national regulators have acknowledged the existence of tokenized funding rounds along with the fact that many are really securities and thus regulated. The US Securities and Exchange… Read More

Hong Kong Joins Growing List of Countries Warning that ICOs May Be Securities (and thus regulated)

Hong Kong has released a statement on the use of initial coin offerings (ICOs) warning issuers and platforms alike that certain ICOs may be deemed securities and thus fall under existing securities laws. The Securities and Futures Commission (SFC) said it has noticed an increase in… Read More

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