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The Next Step: FinCEN Proposes to Require Reporting of Cryptocurrency Positions Held in Foreign Accounts


FinCEN recently took another important step toward bringing virtual currency into the financial assets reporting scheme. Taxpayers that have $10,000 ... Read More

“But if You Fall, You Fall Alone” – The SEC Goes After Ripple

Seven years after Ripple Labs, Inc. first began to sell its digital asset XRP, the Securities and Exchange Commission on ... Read More

Word on the Street Is That Virtual Currency Is the “New Gold,” and it’s Swiftly Moving Up the IRS Watchlist

The IRS has been increasingly active in its effort to ensure that virtual currency does not become a tool for ... Read More

CFTC: Virtual Currency Creates Real Segregation Risks


Virtual currency presents risks to futures commission merchants (FCMs) when deposited by futures customers or cleared swaps customers to margin ... Read More

The SEC Gets its Kiks out of a Successful Application of the Howey Test

In a closely-watched cryptocurrency case, on September 30, the Southern District of New York ruled in favor of the SEC ... Read More

A “Key” OCC Interpretation – National Banks Can Provide Cryptocurrency Custody Services

Banking regulators took a significant step toward the mainstreaming of cryptocurrency recently when the Office of the Comptroller of the ... Read More

New York Looks Like it Might Loosen Up on Its Virtual Currency Regulation


On June 25, the New York State Department of Financial Services (NYDFS) published a “Conditional BitLicense” proposal for reforming its ... Read More

Blockchain in Banking: OCC Seeks Public Comment


For the first time in a dozen years, the Office of the Comptroller of the Currency (OCC) is seeking to ... Read More

FinCEN Sends Message to the Virtual Currency Industry: The Travel Rule Applies to You, Too

FinCEN Director Ken Blanco addressed this year’s Consensus Blockchain Conference on May 13, 2020. In a set of prepared remarks, ... Read More

The SEC Sends a Telegram to European Token Offerings: Avoid the U.S.


On March 24, the United States District Court for the Southern District of New York granted the U.S. Securities and ... Read More

In or Out? – The CFTC Explains When Virtual Currencies Come Within Its Jurisdiction

On March 24, the Commodity Futures Trading Commission (CFTC) issued final interpretive guidance (the Guidance) regarding retail commodity transactions involving ... Read More

Orrick Hosts Fireside Chat with SEC Commissioner Hester Peirce

On March 2, Orrick had the pleasure of hosting SEC Commissioner Hester Peirce for a fireside chat discussion at our ... Read More