Archive: July 2022

1
SEC v. Wahi: An Enforcement Action That Could Impact the Broader Crypto / Digital Assets Industry
2
CFPB Issues Advisory Opinion Strictly Interpreting Permissible Purpose for Consumer Reports
3
Cryptocurrency Market Downturn and Australian Regulation Update
4
Forthcoming New York Law Expands Protections For Credit Card Reward Points
5
MiCA is Here:  European Ground-breaking Rules for the Cryptocurrencies Market
6
Louisiana Proposes Administrative Rules for Virtual Currency Businesses

SEC v. Wahi: An Enforcement Action That Could Impact the Broader Crypto / Digital Assets Industry

By Andrew M. Hinkes and Josh Durham

The SEC has made a new crypto move. On July 21, the SEC filed a complaint in the U.S. District Court, Western District of WA against Wahi, a Coinbase employee, and two others alleging insider trading and charging them with securities fraud. The SEC alleged that nine of the crypto assets that Wahi and other defendants traded were “crypto asset securities”: AMP, RLY, DDX, XYO, RGT, LCX, POWR, DFX and KROM. This action is unique; unlike prior SEC enforcement actions brought against Poloniex, Coburn, TokenLot and others, which alleged the existence of digital asset securities being traded on various types of trading platforms, but failed to identify the specific alleged securities at issue or include any legal analysis of those alleged securities, here, the SEC “names names” and offers some analysis, but does not add the issuers of those 9 assets, or the platform upon which they are traded, as defendants.

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CFPB Issues Advisory Opinion Strictly Interpreting Permissible Purpose for Consumer Reports

By Grant F. Butler

On July 12, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued an advisory opinion that states its strict interpretation of the permissible purposes for which a consumer reporting agency may provide a consumer report and for which consumer report users may obtain consumer reports.  Section 604(a) of the Fair Credit Reporting Act (“FCRA”) identifies the “permissible purposes” for which a consumer reporting agency may furnish a consumer report. 

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Cryptocurrency Market Downturn and Australian Regulation Update

By Daniel Knight and Kithmin Ranamukhaarachchi

In the wake of the drawn out cryptocurrency market downturn, increased regulation of the sector seems inevitable. With nearly one million Australians transacting in cryptocurrencies last year, there have been widespread calls to enact additional protections for retail investors.

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Forthcoming New York Law Expands Protections For Credit Card Reward Points

By Jeremy M. McLaughlin and Joshua Durham

Last year, on December 10, 2021, New York governor Kathy Hochul signed into law Senate Bill S133B, which is set to take effect on December 10, 2022.  Among other things, it provides a 90-day grace period for the use of credit card reward points before an account is modified, cancelled, closed, or terminated.

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Louisiana Proposes Administrative Rules for Virtual Currency Businesses

By Jeremy M. McLaughlin and Christian A. Zazzali

The Louisiana Office for Financial Institutions (“OFI”) has proposed administrative rules governing the licensing process for virtual currency businesses. Louisiana’s Virtual Currency Business Act (the “Act”) became effective in August 2020 and granted OFI broad supervisory and enforcement powers.  The Act also required OFI to promulgate rules regarding licensing.  Roughly two years later, OFI has done so. Those wishing to submit written comments on the proposed rules may do so through 5:00 pm on July 10, 2022.  It’s expected the rules will be adopted later this year.

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