• Did your company prepare for GDPR, Europe’s sweeping new data privacy law? Joseph Facciponti and Katherine McGrail’s Cybersecurity Law360 article details how companies can show momentum toward GDPR compliance by moving quickly and prioritizing their compliance efforts.

  • The CFTC's Division of Market Oversight and Division of Clearing and Risk recently issued an advisory providing guidance to exchanges and clearinghouses regarding virtual currency derivatives to be listed or cleared.  Entities already listing or clearing virtual currency derivatives, as well as those considering doing so, should be aware of the compliance and enforcement implications stemming from the advisory.

  • Our newly published report, Cryptocurrency Regulatory Developments, is authored by five lawyers in our FinTech & Blockchain Practice.

  • SEC Can Help Clear Regulatory Path for Crypto Trading
    by: Daniel S. Alter | American Banker | (04/05/2018)

    To date, conscientious traders of digital assets and cryptocurrencies have mostly sought regulatory refuge under the quilt of state money transmission laws.

  • Joseph P. Facciponti attorney profile image

    Last week, the SEC and DOJ filed civil and criminal insider trading charges against a former Equifax executive for selling shares of Equifax stock prior to public disclosure of the company’s massive data breach.  The case demonstrates an increased emphasis by the SEC on cybersecurity-related disclosures and follows closely on the heels of updated SEC guidance that admonishes public companies to disclose material cyber risks and incidents and to adopt policies and procedures to prevent insider trading on undisclosed data breaches.

  • This week, the U.S. Court of Appeals for the Tenth Circuit will hear a case with far-reaching consequences, literally, for the U.S. Securities and Exchange Commission's enforcement activity. In SEC v. Traffic Monsoon LLC, the commission is asking the court to hold that the principal anti-fraud provisions of the federal securities laws apply extraterritorially in commission enforcement actions and administrative proceedings so long as the alleged misconduct satisfies the “conduct and effects test,” a test the Supreme Court dispatched in 2010. If the commission has its way, more aggressive overseas enforcement activity could be in store, even for misconduct not connected to a domestic securities transaction. In this article, we evaluate the legal and policy issues Traffic Monsoon raises.