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Virtual currencies as commodities—CFTC wins battle in the fight to define cryptocurrencies as commodities but has it won the war?

A federal court in Massachusetts allowed the US Commodity Futures Trading Commission’s fraud case against virtual currency operators to continue by finding that the digital coin met the definition of “commodity” under the Commodity Exchange Act. The court rejected the defendants’ argument that the virtual currency at issue was not a “commodity” because there was no futures contract...

Financial institutions in Singapore to strengthen their cyber resilience— Monetary Authority of Singapore consults on cyber security measures

Recently, JPMorgan Chase CEO Jamie Dimon warned that the “biggest vulnerability” for the financial system is the threat of cyber attacks. Hackers, especially those working for nation-states, have grown more sophisticated and more determined, especially as geopolitical tensions rise. On September 6, 2018, the Monetary Authority of Singapore (MAS) issued a Consultation Paper on the...

Videocast: Cryptoassets and the regulatory environment—A look across the Atlantic

Regulators are grappling to define cryptoassets and are applying existing regulations or contemplating new rules to oversee markets for these new asset class(es). In this Bottom Line videocast, Eversheds Sutherland (US) Partner Greg Kaufman and Eversheds Sutherland (International) Partner Andrew Henderson discuss: important jurisdictional and definitional issues before US courts the UK...

Poland implements comprehensive cybersecurity legislation

Poland is the latest nation to pass extensive cybersecurity legislation that will impact many companies that do business in Poland. The legislation, called the Act on the National Cybersecurity System (ANCS), pertains to critical infrastructure companies and providers of digital services. Any organization that operates within Poland and is designated as one of these types of companies...

A week of “firsts” in cryptocurrency prosecution

On September 11, 2018, a number of “firsts” occurred in the prosecution of cryptocurrency-related activities at the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and federal district court that will likely become the norm going forward. The SEC announced its first enforcement action for an investment company registration violation...

California’s GDPR has become law

The California legislature passed the California Consumer Privacy Act, a sweeping new law that imposes stringent new GDPR-style privacy standards across sectors. Beginning in January 2020, California consumers will be granted new rights regarding how businesses collect and use their personal data, including a “right-to-be-forgotten” in certain circumstances. The law applies to...

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