On April 17, 2024, Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced a bill entitled the Lummis-Gillibrand Payment Stablecoin Act. The bill is the latest bipartisan effort by the two senators to provide a comprehensive federal oversight regime for the regulation of stablecoins. The bill applies to “payment stablecoins,” which are defined to include a crypto asset (A) that is, or is designed to be, used as a means of payment or settlement; (B) the issuer of which (i) is obligated to convert, redeem or repurchase for a fixed amount of United States dollars or (ii) repr ..read more

US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the US Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) and the US Department of Justice (DOJ), collectively issued guidance regarding the obligations of non-US based companies and persons to comply with US sanctions (Tri-Seal Compliance Note: Obligations of foreign-based persons to comply with US sanctions and export control laws) (Compliance Note ..read more

On December 22, 2023, President Biden signed the Foreign Extortion Prevention Act (FEPA) into law as part of the fiscal year 2024 National Defense Authorization Act. Although bribery always requires a giver and a receiver, US anti-corruption efforts have traditionally focused almost exclusively on those who pay bribes because of the way the Foreign Corrupt Practices Act (FCPA) is written. The FCPA criminalizes the act of giving bribes to foreign government officials, but until now, the US has not had a statute that criminalized the receipt of bribes by foreign government officials. The FEPA wi ..read more

2023 was a year filled with remarkable AI-related legal developments in legislation, litigation, and regulation. Recent headlines indicate that 2024 will be noteworthy as well. In our AI and Emerging Technologies Year in Review, we take a look at what happened over the past year and predict how key AI issues and trends in the law will continue to progress. Read the 2023 Year in Review ..read more

On January 12, 2024, FinCEN updated its Beneficial Ownership Information Frequently Asked Questions (“FAQs”) to include new information and clarifications about reporting companies, beneficial owners, company applicants, and other reporting requirements. We discuss these developments in our post. Read the Alert ..read more

FINRA, the self-regulatory organization overseeing the US broker-dealer industry, recently announced two items of interest for broker-dealers offering crypto asset securities. On January 9, 2024, FINRA published its 2024 Annual Regulatory Oversight Report, which includes a detailed section for broker-dealers conducting a crypto asset business. Then, on January 23, 2024, FINRA published a report detailing the results of a targeted sweep examination on customer communications involving crypto assets, finding potential substantive violations of FINRA Rule 2210 in approximately 70 percent of ..read more

In a reversal of a policy that has spanned two administrations, on January 10, 2024, the SEC approved applications for 11 Bitcoin spot exchange traded funds, or ETFs. The SEC approved the order by a 3-2 vote, with Chair Gensler forming a majority with the two Republican commissioners, and the two Democratic commissioners voting against the action. For nearly five years, the SEC had methodically rejected numerous Bitcoin ETF applications. One Bitcoin ETF sponsor challenged the SEC’s denial of its application in court, and the DC Circuit Court of Appeals found that the SEC acted arbitrarily and ..read more

On January 8, 2024, the CFTC’s Technology Advisory Committee issued a detailed report on decentralized finance, or DeFi. The report, which was authored by the Subcommittee on Digital Assets and Blockchain Technology, notes that DeFi offers both promising opportunities and complex, significant risks to the US financial system, consumers and national security. The report urges policymakers to balance a series of inter-related issues, including customer and investor protection; promoting market integrity; ensuring safety and soundness, financial stability and mitigating systemic risk; combating i ..read more

As we begin the new year and reflect on what we learned last year, the Hunton Andrews Kurth Blockchain team would like to provide you with a recap of the top posts we shared throughout 2023. Please visit the links below for these highlights. Our goal is to continue to provide our readers with relevant, real-time information on legal and regulatory developments in the blockchain space. If you would like to receive email alerts when new posts are published to this blog, please enter your email address in the ‘Subscribe’ field. Thank you for your readership! Top Posts of 2023: Terms of Use, A Dec ..read more

On December 12, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth LLP (“CIPL”) released a white paper on Privacy-Enhancing and Privacy-Preserving Technologies: Understanding the Role of PETs and PPTs in the Digital Age. The paper explores how organizations are approaching privacy-enhancing technologies (“PETs”) and how PETs can advance data protection principles, and provides examples of how specific types of PETs work. It also explores potential challenges to the use of PETs and possible solutions to those challenges. CIPL emphasizes the enormous potent ..read more