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Global | Publication | November 2015
Norton Rose Fulbright’s global blockchain and cryptocurrency team has produced a global legal and regulatory guide to cryptocurrencies.
The guide is issued in a series of chapters, published monthly.
To date, most litigation involving cryptocurrency has related to breach of contract and fraud (the Butterfly Labs case) or insolvency (Mt Gox). However, as cryptocurrencies become more widely used it is reasonable to expect that the litigation risk surrounding them will also increase.
A common narrative in the cryptocurrency space is that the public ledger and cryptocurrency units are somehow beyond the reach of the state and the courts. This is partly because, from a practical point of view, decentralised peer-to-peer networks are governed and operated on the principle of distributed consensus and are designed to frustrate the possibility of third-party interference – including that of the courts. This narrative is misleading. In many cases, courts will be able to exert control over individuals in their jurisdiction to compel the disclosure of private keys and thereby access cryptocurrency. That process is a common thread which we will explore in this chapter.
In this chapter we will consider:
If you would like to discuss any aspect of this topic further, please get in touch.
Publication
The month of November saw a flurry of regulatory activity by APRA and ASIC across strategic focus areas: crypto-asset regulation, enforcement of design and distribution obligations, reforming operational risk requirements for super funds and improving governance practices across the superannuation industry at investment and board levels.
Publication
On 20 October 2022, Advocate General Kokott delivered her opinion in Commission v CK Telecoms UK Investments (C-376/20 P). This is the first case in which the Court of Justice of the EU (the Court) has the opportunity to address the concept of a significant impediment to affect competition (SIEC) based on non-coordinated effects, including the standard of proof required by the European Commission (the Commission) to be met and the scope of review by the Court.
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