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FTX's collapse pushed Canada's already robust cryptocurrency regulations further, offering protection to consumers and stability for compliant platforms but resulting in some major global platforms, like Binance, quitting the country because they weren't willing to comply.
"I think we're very fortunate in Canada, not to have seen a domestic collapse in the same way that you've seen some in some other places, internationally," said Gowling WLG partner Adam Garetson. "I attribute a lot of that to the application of the regime that's been set out by the Canadian Securities Administrators."
The collapse of crypto exchange FTX made most of the world wake up to the need for tighter regulation of cryptocurrency trading platforms, but the 2019 collapse of QuadrigaCX is what lit a fire under Canadian securities regulators to toughen enforcement rules to safeguard consumers.
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Chief information officers still bear the brunt of cybersecurity worries at many companies. But a study by the Association of Corporate Counsel Foundation finds that chief legal officers are increasingly taking a leadership role in cybersecurity strategy.
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When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
The VPPA may be nearly four-decades old and video-rental stores largely a thing of the past, but the rise of online content, streaming services and ancillary activities has brought with it frequent litigation based on the VPPA. The key challenge in these litigations is how to interpret the VPPA’s 1980s terms in light of today’s digital advances.