Publication
Regulation Around the World: Open Finance
In this issue of Regulation Around the World we look at how regulators are developing their proposals for Open Finance.
Blockchain Law
Changing securities laws and regulations for the digital token age
New York Law Journal
In his New York Law Journal Blockchain Law column, Robert Schwinger explains how, when it comes to virtual currencies, digital tokens and other blockchain assets, our legal and political systems are still in the earliest stages of grappling with which regulations and structures would be best suited for encouraging financial technology innovation on the one hand, while providing certainty and serving the public interest on the other.
While courts last year recognized that under existing law virtual currencies based on blockchain platforms could qualify as “securities,” see United States v. Zaslavskiy, No. 17 CR 647, 2018 WL 4346339 (E.D.N.Y. Sept. 11, 2018), and/or “commodities,” see CFTC v. McDonnell, 287 F. Supp. 3d 213 (E.D.N.Y. 2018), concern has been growing that these regulatory structures may not be ideal for regulating all digital tokens in all situations. Lawmakers across the country are thus now exploring possible revisions to existing laws and regulations to deal more appropriately with this new asset class.
Robert A. Schwinger explores recent developments in this edition of his New York Law Journal Blockchain Law column.
Read the full article, Changing securities laws and regulations for the digital token age.
Partner
Email
robert.schwinger@nortonrosefulbright.com
Recent publications
Publication
Impact of PSR and other financial rules on ownership
Our report last year included a summary of the Premier League’s profit and sustainability rules (PSR) and discussed both how owners have reacted to the rules and our predictions for the likely impact on future ownership of Premier League clubs.
Publication
CORSIA: A market update
The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) is now half way through its first phase of compliance, while the supporting regulatory frameworks constituting the building blocks for the CORSIA and Article 6 markets are incrementally being cemented in place and the market is developing fair mechanisms for managing key gap risks.
Subscribe and stay up to date with the latest legal news, information and events . . .