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The Blockchain and Financial Services Blog offers the latest information on banking development and litigation trends. Topics range from commercial and consumer lending through bankruptcy, lender liability defense, and the Dodd-Frank Act through Regulations JJ.
SEC issues cease-and-desist order two days into the Munchee ICO, a sign the Commission is inching toward a new regulatory framework for ICOs. Read More ›
It Begins: The First ICO-Related Securities Litigation Has Been Filed - and There are Lessons in it for Those Hoping to File Their Own ICO
On October 25, Plaintiff, Andrew Baker filed a proposed class action against Dynamic Ledger Solutions, Inc. (“DLS”) and several other related entities (“Defendants”) regarding an initial coin offering (“ICO”) for tokens known as “Tezzies.” While time and the courts will determine the merits of the class action, given the increasing popularity of ICOs, there are lessons to be learned from the accusations, both for aspiring ICOs and potential investors. Read More ›
The Commodity Futures Trade Commission’s (CFTC’s) recent publication of “A CFTC Primer on Virtual Currencies” indicates that cryptocurrency will remain in the CFTC’s crosshairs for the foreseeable future. Though the CFTC primer begins with a caveat—content therein should not be construed as an “official policy or position”—the document is valuable insofar as it defines virtual currencies (VCs), outlines their utilities and their potential for malfeasance. At the same time, the CFTC primer provides insight into the commission’s current thinking on cryptocurrency and may therefore portend the kind of regulatory measures and other exigencies VC developers and their counsel need to prepare for. Read More ›
On Friday, the Supreme Court came out with its long awaited decision in Spokeo, Inc. v. Robins. In a nutshell, the Court really decided little: it vacated the previous 9th Circuit decision and remanded the case back to that court for further consideration. In some quarters, that would be called a “punt.”
Nevertheless, perhaps the result can be summarized at best as a tie for defendants – the Court was clear that the mere allegation of the violation of a statute that contains a monetary penalty would not support standing. But at worst for defendants the decision clearly leaves the door open for claims that involve only a statutory violation and penalty can proceed where there is some sort of undefined link between the penalty and some tangible or intangible harm. Read More ›
In March, the Supreme Court decided Tyson Foods v. Bouaphakeo,a much watched case involving the propriety of class certification.
Since the landmark decision in Wal-Mart v. Dukes, lower courts have found ways of restricting the applicability of Dukes and Comcast v. Behrend in ways to find certification despite the apparent suggestion in Dukes that certification was limited and the notion of trial by formula was discredited. (See our October 2014 post.) Many commentators, including me, thought that Tyson would provide the opportunity for the Court to restrain these lower court interpretations. (See our blog posts of June 2015 and November 2015.) Read More ›
Supreme Court Issues Final Word on Whether Unaccepted Rule 68 Offers of Judgment Moot Putative Class Actions… Or Does It?
Yesterday, the Supreme Court issued a decision in which it held that an unaccepted Rule 68 offer of judgment made to the named plaintiff in a putative class action does not moot the case. In doing so, the Court seemingly put an end to what was a contentious class action issue—an issue that this blog has followed closely. Interestingly, however, the Court chose not to decide whether a Rule 68 offer could moot a case if accompanied by a payment in the amount of that offer. Read More ›
A blog about relevant legal perspectives for the health care industry.
The West Virginia Medical Cannabis Advisory Board (“Advisory Board”) met on February 6, 2018, to review and consider comments made to proposed rules governing growers, processors, dispensaries, participating physicians and patients wishing to participate in the medical cannabis program. Read More ›
Physicians interested in recommending medical marijuana are already completing the two hours of continuing medical education credit necessary before applying for a Certificate to Recommend from the State of Ohio. Read More ›
The International Services Group Blog is a resource for business leaders within the international commerce industry. Frost Brown Todd's international lawyers discuss the latest challenges for international trade and regulation, as well as solutions for those challenges.
The sixth round of North American Free Trade Agreement (NAFTA) negotiations concluded in Montreal, Canada, on January 29, 2018. U.S. Trade Representative Robert Lighthizer voiced subtle optimism that some progress was made by closing a chapter on anti-corruption and discussing other core issues, but expressed general dismay at slow progress and tough challenges that still lie ahead to strike a new deal. Read More ›
On July 17, 2017, the Trump Administration released its most detailed and comprehensive list of objectives to date for renegotiating the North American Free Trade Agreement (NAFTA). While this publication provides additional insight into the renegotiation goals of the Trump Administration, it does trigger a 30-day period before formal talks of NAFTA renegotiation among the United States, Mexico and Canada can officially begin. Such 30-day period will end on August 16, 2017, on which the first round of talks on the three-nation pact are scheduled to take place. Read More ›
On May 18, 2017, the Trump Administration took its first formal step in delivering on President Trump’s much anticipated campaign promise to renegotiate the North America Free Trade Agreement (“NAFTA”). By formally notifying Congress of its plan to renegotiate NAFTA, the Administration has started the clock on a 90-day period, after which the United States can officially begin its NAFTA renegotiation talks with Canada and Mexico. Such 90-day period will end on August 16, 2017. Read More ›
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