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Novel Admissibility Considerations for AI Image

Novel Admissibility Considerations for AI

Jonathan Bick

Software is generally admissible as evidence if it is relevant, material, and competent. However, AI differs from traditional software, perhaps requiring novel admissibility considerations.

Features

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs

Michael Mora

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

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Rulings On SEC Crypto Enforcement Actions Raise More Questions Than Answers Image

Rulings On SEC Crypto Enforcement Actions Raise More Questions Than Answers

Ladan Stewart

A decision in the SEC's enforcement case against Ripple Labs was hailed as vindication for the industry's position that the SEC lacks the proper legal authority to regulate crypto. However, several conflicting rulings followed. So where does the crypto industry go from here? The answer is not so simple.

Features

SEC Crypto Enforcement Actions Raise More Questions Than Answers Image

SEC Crypto Enforcement Actions Raise More Questions Than Answers

Ladan Stewart

A decision in the SEC's enforcement case against Ripple Labs was hailed as vindication for the industry's position that the SEC lacks the proper legal authority to regulate crypto. However, several conflicting rulings followed. So where does the crypto industry go from here? The answer is not so simple.

Features

Is the 'Crypto Winter' Over? Image

Is the 'Crypto Winter' Over?

George Williams

One of the major catalysts of the "Crypto Winter" that began in 2022 was the collapse of Terraform Labs's native token LUNA in May 2022. Now two years and a dozen crypto-related bankruptcies later, Terraform Labs has filed for Chapter 11 protection.

Features

The Role of the SEC In Cryptocurrency Regulation and Enforcement Image

The Role of the SEC In Cryptocurrency Regulation and Enforcement

Jay Dubow, Joanna Cline & Milica Krnjaja

The SEC's cryptocurrency-related actions reached a new high in 2023, jumping more than 50% when compared to 2022. We expect the SEC's enforcement efforts in this area to continue at a high pace in 2024, even though whether or not cryptocurrency should be classified as a security or something else remains uncertain.

Features

Third Circuit: Bankruptcy Code Mandates Appointment of Examiner In Chapter 11 Cases Image

Third Circuit: Bankruptcy Code Mandates Appointment of Examiner In Chapter 11 Cases

Francis J. Lawall & Brenden S. Dahrouge

The Third Circuit recently held in 'In re FTX Trading' that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth. As a result, the FTX decision will carry significant implications for large and medium-sized bankruptcy cases.

Features

Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration Image

Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration

Daniella Main & Brooke Bolender

Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.

Features

Bankruptcy Risk and Fraud In Cryptocurrency Image

Bankruptcy Risk and Fraud In Cryptocurrency

J. Eric Wise

Among the risks of cryptocurrency exchanges are bankruptcy risk and fraud, including: the inalienability of account claims, holding an unsecured claim versus an entitlement to the return of coin, and bankruptcy preference risk.

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Cryptocurrency Risk Is Not So Hidden Image

Cryptocurrency Risk Is Not So Hidden

J. Eric Wise

Cryptocurrency exchanges and law together are an evolving space. As regulation of cryptocurrency advances, and case law and practice develops, more certainty around who holds what in a cryptocurrency exchange failure will develop. In the meantime, knowing the risks, and mitigating the risks where possible, is the prudent course of action for the cryptocurrency investor and trader.

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