NFTs: Boon or Burden for Artists and Investors?

June 3, 2021

By: Lauren Mack and Ilana Faibish NFTs (or Non-Fungible Tokens) are the latest blockchain-based craze to take over the Internet. Memes, tweets, sports highlights, Charmin toilet paper GIFs, and yes, even quarantine flatulence recordings have been minted into NFTs...

FaceCoin: Facebook to Launch a Private Stablecoin for Whatsapp Users

March 13, 2019

Facebook is reportedly working on making a digital coin called FaceCoin for users of Whatsapp, a messaging application owned by Facebook. Its value would be derived from that of several different fiat currencies, not only the U.S. dollar. FaceCoin...

New Laws Make Malta a Leading Global Innovator in Digital Currency

July 9, 2018

The Malta Parliament passed three cryptocurrency and blockchain bills into law recently, making Malta one of the first jurisdictions in the world to create a fully regulated environment specific to blockchain, cryptocurrency and digital currencies of all kinds. This legislation is...

49 Shades of Grey: SEC Remarks Bring Some Welcome Crypto Clarity

June 14, 2018

Earlier today, William Hinman, the Director of Corporation Finance at the SEC, made remarks at the Yahoo Finance All Markets Summit: Crypto that have crypto entrepreneurs and investors breathing a sigh of relief – namely, that ether, the second-largest...

U.S. Regulators & Your Cryptocurrency: State Money Transmission Laws

April 20, 2018

In part one of this series, I provided an overview of the US regulatory landscape that impacts cryptocurrency businesses.  This article resumes the topic and focuses on state money transmission laws. State money transmission laws present stifling hurdles to...

The SEC, CFTC and Possible Future Of Utility Tokens

March 7, 2018

A lot of people have been asking us what may happen with regards to regulation of ICOs in the United States. The U.S. Securities and Exchange Commission’s regulatory action against Munchee, Inc.’s ICO, coupled with the recent U.S. Senate Committee...

The Chuck E. Cheese Test for Whether a Token is a Security

January 18, 2018

Cryptocurrency markets are still nascent, and most people are still trying to work out how they will develop, and how blockchain can be applied to the wider variety of business cases. There is not much guidance from the government,...

Cryptocurrency, the Howey Test, and Munchee’s Guidance on How to Apply it

January 10, 2018

Corporate and securities lawyers utilize the Howey test to determine whether a transaction is an “investment contract,” or more simply whether it involves offering a security, and therefore is subject to certain reporting and disclosure requirements. A transaction will...

US Regulators & Your Cryptocurrency: It’s Complicated

December 22, 2017

This is the first in a series of posts in which I’ll examine the US regulations that impact cryptocurrency businesses. Many describe bitcoin and other cryptocurrencies as being unregulated. As a blanket statement, this is not true. What is...