Global Fintech & Digital Assets Blog

UK to Open Up Text and Data Mining Under New Copyright and Database Rules

Posted in Data Privacy, Cybersecurity, and AI

A proposed broad copyright exception for text and data mining that favours AI developers is unlikely to be welcome news for rightholders.

By Deborah Kirk, and Brett Shandler

On 28 June 2022, the UK government published its response to its consultation on “Artificial Intelligence and IP: Copyright and Patents”, which commenced in October 2021 (Response).

Among other points,[1] the government has indicated its intention to introduce a new copyright and database exception that allows text and data mining (TDM) for any purpose, provided that the party employing TDM obtains lawful access to the material. Continue Reading

SEC Unveils Strategic Plan With Renewed Focus on Technology

Posted in Cryptoassets

The plan directs the agency to develop a robust regulatory framework to prevent market misconduct, as SEC officials’ public comments keep advancements in technology high on the agenda.

By Marlon Q. Paz, Stephen P. Wink, Donald Thompson, and Deric Behar

On August 25, 2022, the Securities and Exchange Commission (SEC) published a draft Strategic Plan (the Plan) for fiscal years 2022–2026. The Plan focuses on three goals that, according to SEC Chairman Gary Gensler, advance the SEC’s mission to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. The Plan is open for public comment until September 29, 2022. Continue Reading

Webcast: Navigating the Impact of Counterparty Insolvency and Negative Market Conditions in the Crypto Space

Posted in Cryptoassets

Latham lawyers discuss the state of the crypto industry and the challenges for companies.

Turbulent market conditions are presenting novel challenges for companies in the cryptocurrency space. What are the factors contributing to the downturn, the implications for companies, and the legal rights and remedies that companies may have?

Restructuring & Special Situations Practice partners George Klidonas, Andrew Sorkin, and Suzzanne Uhland, together with Digital Assets & Web3 Practice Co-Chair and partner Yvette Valdez, recently hosted an in-depth discussion on these topics, including:

  • Understanding the current crypto environment and implications of the decline in cryptoasset values
  • Counterparty insolvency risks and remedies
  • The emerging trends in the crypto industry and the market impacts

You can watch the webcast here, where you can also download slides and submit for MCLE credits, as well as watch below.

Legal Implications of the Ethereum Merge and Potential Ethereum Proof-of-Work Fork

Posted in Blockchain, Cryptoassets

Ethereum’s transition to proof of stake presents opportunities and pitfalls for certain digital assets and tokens built on the network.

By Jenny Cieplak, Ghaith Mahmood, Yvette D. Valdez, Stephen P. Wink, Adam Fovent, and Justin Tzeng

After years of development, the Ethereum blockchain appears poised to make its much-anticipated transition from a proof-of-work (PoW) consensus mechanism to a proof-of-stake (PoS) model. This change has been described as one of the most significant upgrades in the history of blockchain. Barring unexpected technical hurdles, the Ethereum Mainnet, upon which transactions are executed and recorded, is expected to merge in September 2022 with the PoS Beacon Chain consensus layer that has been under development for several years (the Merge). Continue Reading

UAE Central Bank Issues Guidance on Anti-Money Laundering Risks in the Payment Sector

Posted in Payments

The guidance is part of the rapidly evolving rules on anti-money laundering and aims to promote UAE as a jurisdiction compliant with best practices.

By Brian Meenagh, Ksenia Koroleva, and Matthew Rodwell

On August 1, 2022, the UAE Central Bank (CBUAE) issued the Guidance for Licensed Financial Institutions on the Risks Relating to Payments.[1]

The guidance was issued to implement the requirements of Federal Decree Law No. 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Illegal Organisations. It sets out the CBUAE’s expectations as to the appropriate compliance measures to be adopted within payments ecosystems. The guidance is not intended to amend or replace existing CBUAE requirements and should be read in conjunction with the CBUAE’s existing rules[2] and guidance materials[3]. Continue Reading

Federal Reserve Issues Cryptoasset Engagement “Rules of the Road” for Its Supervised Banking Organizations

Posted in Blockchain, Cryptoassets

The Federal Reserve is taking measured steps to better understand the types of cryptoasset-related activities contemplated by its supervised banking organizations.

By Alan W. Avery, Pia Naib, and Deric Behar

On August 16, 2022, the Board of Governors of the Federal Reserve System (FRB) issued a Supervision and Regulation Letter outlining its expectations for FRB-supervised banking organizations engaged in cryptoasset-related activities (SR Letter 22-6). This follows the publication of a financial institution letter issued by the Federal Deposit Insurance Corporation (FDIC) in April 2022 (the FDIC Letter) and an interpretive letter issued by the Office of the Comptroller of the Currency (OCC) in November 2021 (the OCC Letter), both of which similarly address supervisory expectations in connection with cryptoasset-related activities engaged in by FDIC-supervised institutions and OCC-chartered banks (i.e., national banks and federal savings associations), respectively. Continue Reading

Blockchain Networks Beginning to Allow Enforcement of Court Orders

Posted in Blockchain, Cryptoassets, Non-Fungible Tokens

Bitcoin Association for BSV will release software to facilitate court orders to freeze stolen or lost coins, while some courts recently authorised service proceedings by tokenised airdrop.

By Christian F. McDermott, Andrew C. Moyle, and Nara Yoo

Earlier this year, in Tulip Trading Ltd (TTL) v. Bitcoin Association for BSV (Bitcoin Association) and others, the UK High Court held that bitcoin software developers do not owe a duty of care to bitcoin owners who have lost their private keys, and are not obliged to take steps to safeguard or to recover such keys or bitcoin. For more information on this case, see Latham’s blog post, UK High Court Rules on Liability of Bitcoin Software Developers. Continue Reading

UK’s “Smarter Contracts” Landscape Offers Robust Foundation for Commercial Use

Posted in Blockchain, Cryptoassets

The latest analysis of “smarter contracts” provides helpful guidance on the opportunities and potential legal and practical risks in adopting these technologies.

By Christian F. McDermott, Andrew C. Moyle, and Nara Yoo

LawtechUK’s latest analysis of so-called smarter contracts in the UK, set out in its Smarter Contracts Report (the Report), seeks to identify how technology is transforming contract practices, and to explore future opportunities and innovation. The Report defines a “smarter contract” as a legally binding digital contract, including legally enforceable contracts in which some or all of the terms are represented in code, and identifies a range of smart contract applications, from simple electronic signatures to sophisticated self-executing contracts. Continue Reading

Digital Commodities Consumer Protection Act Seeks to Empower CFTC

Posted in Cryptoassets

The latest bipartisan crypto bill would give the CFTC new tools and authorities to regulate digital commodities, with a focus on market integrity and consumer protection.

By Yvette D. Valdez, Adam Fovent, and Deric Behar

On August 3, 2022, a bipartisan group of US senators[1] introduced the Digital Commodities Consumer Protection Act of 2022 (the Bill). The Bill is the latest legislative proposal seeking to bring clarity to digital asset markets and the allocation of regulatory responsibility with respect to such markets. In comparison to other recent proposals, the Bill goes further toward the creation of a comprehensive supervisory regime for digital asset platforms, with a particular focus on market integrity and consumer protection (although it does not directly address securities issues). Continue Reading

OFAC Sanctions Decentralized Virtual Currency “Mixer”

Posted in Cryptoassets

The US Treasury opens a Pandora’s box of legal issues as it targets a decentralized finance protocol used for both licit and illicit means.

By Eric Volkman and Deric Behar

On August 8, 2022, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced sanctions against decentralized virtual currency “mixer” Tornado Cash (and 44 associated USDC and ETH addresses) — the first action of its kind against a decentralized finance (DeFi) protocol. Continue Reading