The Commodity Futures Trading Commission (CFTC) Settlements Timeline serves as an interactive compilation of select CFTC guidance, enforcement actions, and speeches relating to the application of the federal securities laws to digital assets. Beginning with the Order filed in September, 2015 by the CFTC requiring Coinflip and its chief executive officer Francisco Riordan to cease and desist from further violations of the Commodity Exchange Act (CEA) and CFTC Regulations, specifically, by operating a facility for the trading or processing of commodity options without complying with the CEA or CFTC Regulations otherwise applicable to swaps or conducting the activity pursuant to the CFTC’s exemption for trade options.

This Timeline is meant to be a resource for those following CFTC actions and guidance related to digital assets and to assist experienced counsel in assessing the applicability of the CFTC Regulations.

The Timeline is for informational purposes only and does not constitute legal advice. If you are, or are planning to engage in transactions involving digital assets, you may want to contact experienced securities counsel.

Information in the Timeline is provided “as-is,” and may not reflect the latest guidance from the CFTC and/or other federal or state regulatory authorities. The Timeline contains links to third-party websites. Such links are only for the convenience of the reader or user. Use of and access to the Timeline, including the links contained within the Timeline, do not create an attorney-client relationship with Perkins Coie LLP.

Bankruptcy court hearings are often recorded and can be listened to at your convenience. The “first-day hearing” in the FTX Trading case occurred on November 22, 2022, and is available here.

The link will download a PDF file that contains an audio file as an attachment. To listen to the audio file, save it on your local drive, open the PDF document in Adobe Acrobat, and click on the paperclip image (usually in the left margin) to launch your audio player.

You can find future hearings at FTX Trading’s Claim Agent site and search for either “pdf” or “audio” to find the recordings. Please note, these files work well on computers but not on mobile devices.

Bankruptcy court hearings to confirm Chapter 11 plans, which set forth how the company seeks to exit bankruptcy, are frequently delayed. These hearings are infrequently canceled. But on November 15, 2022, Voyager canceled its scheduled December 8, 2022, confirmation hearing, citing the FTX bankruptcy filing as the cause.

Continue Reading Voyager Bankruptcy Exit Derailed by FTX’s Bankruptcy Entrance

Perkins Coie LLP is pleased to bring you this updated Digital Asset SEC Timeline.

The Digital Asset SEC Timeline serves as an interactive compilation of select SEC guidance, enforcement actions, and speeches relating to the application of the federal securities laws to digital assets. Beginning with the release of the DAO Investigative Report in July 2017, the Timeline includes relevant information for analyzing the offering, issuance, and trading of certain digital assets in the context of the federal securities laws.

This Timeline is meant to be a resource for those following SEC actions and guidance related to digital assets and to assist experienced securities counsel in assessing the applicability of the federal securities laws. The Timeline is for informational purposes only and does not constitute legal advice. If you are, or are planning to engage in transactions involving digital assets, you may want to contact experienced securities counsel.

Information in the Timeline is provided “as-is,” and may not reflect the latest guidance from the SEC and/or other federal or state regulatory authorities. The Timeline contains links to third-party websites. Such links are only for the convenience of the reader or user. Use of and access to the Timeline, including the links contained within the Timeline, do not create an attorney-client relationship with Perkins Coie LLP.

The Federal Reserve Board, on August 15, 2022, issued final guidelines for regional Reserve Banks to use when considering applications for Federal Reserve “master accounts”—deposit accounts that enable direct access to the Federal Reserve’s payment systems and provide critical infrastructure to financial institutions operating in the United States. The final guidelines comprise a set of principles and three-tiered review framework that, according to the Board, should bring greater transparency and consistency to the application process. 

Although the final guidelines will help to move forward the discussion around account access, the Board left key issues open. The fintech community must continue to wait for resolution as Reserve Banks and federal courts grapple with the ultimate question: What types of nontraditional financial services providers are eligible for master accounts, and on what terms?

The Crypto-Related Bankruptcies Timeline serves as an interactive compilation of select dates relating to bankruptcies of companies involved in cryptocurrency, including hedge funds, lending companies, and exchanges.  Beginning with Mt. Gox filing for Chapter 15 bankruptcy protecting in February 2014, the Timeline includes relevant information regarding crypto-related companies that filed for bankruptcy protection, as well as, where applicable, their suspension of deposits and withdrawals in advance of filing for bankruptcy.  

This Timeline is meant to be a resource for those following bankruptcies in the crypto market.  The Timeline is for informational purposes only and does not constitute legal advice.  If you are planning to file for bankruptcy, you may want to contact experienced bankruptcy and restructuring counsel.

Information in the Timeline is provided “as-is,” and may not reflect the latest information regarding crypto-related bankruptcies. The Timeline contains links to third-party websites.  Such links are only for the convenience of the reader or user.  Use of and access to the Timeline, including the links contained within the Timeline, do not create an attorney-client relationship with Perkins Coie LLP.

Voyager Holdings filed a Notice of Auction with the bankruptcy court announcing an Auction* of its assets (or the assets Voyager believes it is entitled to sell). The Auction will start on September 13 in New York and promises to be anything but simple or dull. Whatever occurs and whichever bidder(s) emerge(s) successful, expect a hotly contested Sale Hearing.

An interesting aspect of bankruptcy auctions is their flexibility compared to a regular auction. Voyager has been soliciting bids on anything and everything—up to and perhaps including a bid for the whole kit and kaboodle. Qualified bidders were invited to submit offers for 100% of Voyager’s equity, all of Voyager’s assets, or some unspecified subset of the assets.

Continue Reading Voyager—The Auction to Come
  • Cryptocurrency Exchange Backs Lawsuit Against the U.S. Department of the Treasury
  • U.S. Securities and Exchange Commission Chair Gives Speech on Crypto
  • SEC Announces Formation of New Office for Crypto Disclosures
Continue Reading Blockchain Week in Review: Week of September 9, 2022

The Celsius Network bankruptcy cases provide another opportunity for parties to acquire their assets and/or operations. As predicted in an earlier post, the bankruptcy court issued an order in the Celsius cases, approving bidding procedures that outline the entire process and steps to be followed by anyone interested in submitting a bid.

Anyone interested in buying assets or operations from Celsius will need to follow the process outlined in the order to connect with the advisors to Celsius, sign a nondisclosure agreement (NDA), and structure a bid with the bid requirements to become a Qualified Bid* as defined in the order.  

Continue Reading Celsius Bidding Procedures Create Possible Bidding Opportunities

A host of reasons can cause bankruptcy timelines to slide—ongoing negotiations, buyers dealing with their lenders, holidays, court scheduling issues, perhaps a dearth of interested buyers, and more. These types of changes are usually more of a stew of events than they are attributable to any single ingredient.

An earlier post included a timetable for the Voyager sale process that contemplated a September 8 hearing to approve one or more sale of assets to an as-of-yet-undetermined bidder or bidders. Voyager also initially planned for a Chapter 11 plan confirmation process that would have a disclosure statement hearing on September 29.

Continue Reading Voyager—Bankruptcy Timelines Begin to Slide