Mayer Brown
Digital Assets Download
 

February 2, 2024

 
 

Digital Assets Download – The Un-Groundhog Day Edition:  Unlike Phil Connors in the epic film Groundhog Day, our team at the Digital Assets Download sees something new every day in the world of blockchain and digital assets!  In light of the historic launch of 11 new spot Bitcoin exchange-traded products in the United States, our Lead Block in this edition features two pieces on US financial markets regulations and crypto asset activities.  And while the US market said “hello” to spot bitcoin ETPs, other digital assets matters made headlines across the world—we cover those in our News Node.

For the Uninitiated: Digital Assets Download is a curated mix of insights and headlines that provide a Layer 3 Legal Perspective™ on the digital assets multiverse—created by Mayer Brown’s global Digital Assets, Blockchain & Cryptocurrency group. (Check out all of our previous editions of the Digital Assets Download.)

Sharing Is Caring: Please share this edition of the Digital Assets Download via LinkedIn and X, and tell us how we can better serve as your oracle to the digital assets world. 

 

 
 
Lead Block
 

Perspectives and insights from Mayer Brown lawyers and other thought leaders that touch on digital assets, decentralized finance, cryptocurrencies and related fields.

FINRA’s 2024 Annual Regulatory Oversight Report Features New Sections on Crypto Asset Activities

On January 9, 2024, the Financial Industry Regulatory Authority, Inc. (“FINRA”) published its Annual Regulatory Oversight Report (the “Report”), which this year included new content relating to crypto assets.  The Report sets forth various considerations for firms seeking to engage in crypto asset-related activities, including a firm’s obligations under the SEC’s financial responsibility rules (including the customer protection rule), as well as surveillance themes and effective practices.  In our Legal Update on the Report, our team highlights key points from the Report and offers their insights on compliance.  

FINRA Update on Targeted Exam Regarding Crypto Asset Communications – Potential Violations in 70% of Retail Communications Reviewed

On January 23, 2024, FINRA highlighted shortcomings in the communications practices of member firms with retail customers concerning crypto assets. In particular, FINRA noted potentially substantive violations of its communications rules in approximately 70% of the communications it examined, which included communications concerning crypto assets. In this Legal Update, our team describes some of the practices that could run afoul of FINRA rules and other FINRA guidance on communications regarding crypto assets.   

 

 
 
News
 

A curated selection of headlines and news from around this multiverse—including deals, developments and other disruptions in DeFi.

 

$4 Billion of New Bitcoin ETFs Change Hands in First Trading Day

Bitcoin Instantly Topped Silver in ETF Market and Trails Only Gold Among Commodities

Tokenization Top of Mind for Taurus in 2024 after FINMA Approval

Ethereum Emerges as a Key Blockchain for Tokenized Real-World Assets

Crypto Needs Cohesive Regulation – A Look at Europe’s MiCA

Tokenized Real-World Assets Could Be a $15 Trillion Market in a Decade

Polygon Labs Proposes Framework to Classify DeFi as ‘Critical Infrastructure’

US House Republicans Add Money Laundering Protections to Crypto Bill

A Backdoor Regulatory Option Haunts US Crypto – ‘the Federal Reserve Could Step In’ 

US DOJ and SEC Unveil Charges in $1.9 Billion HyperFund Cryptocurrency Fraud

Coinbase, SEC Lock Horns in US Court over Crypto Securities

PayPal Invests $5 Million of Its PYUSD Stablecoin into Plaid-for-Crypto Startup Mesh

European Banking Authority Issues Guidelines for Crypto Asset Service Providers to Comply with AML and Terrorist-Financing Rules

Crypto’s ‘Lazarus Year’ at Davos 

Hong Kong Sets Licensed Crypto Exchange Insurance Requirement to 50%

EU Provisionally Agrees Tougher Crypto Due Diligence Measures to Combat Money Laundering

Thailand's SEC Breaks New Ground in 2024 With Crypto-Friendly Rules

Brazil Stock Exchange to Open After Hours Trading, Give Bitcoin a Boost

EU Reinforces Tight Limits on Crypto Firms from Outside Bloc

 

 
 
Events
 

Selected events for deeper dives into different parts of the digital assets and DeFi world.

Commissioner Pham Speaks at The Filecoin Sanctuary Davos

On January 17, 2024, US CFTC Commissioner Pham participated in a fireside chat titled “Navigating the Crypto Regulatory Landscape” at The Filecoin Sanctuary Davos.

Commissioner Pham Speaks at GBBC’s 7th Annual Blockchain Central Davos

On January 16, 2024, US CFTC Commissioner Pham participated in a fireside chat on US innovation and regulation at GBBC’s 7th Annual Blockchain Central Davos.

CFTC Commissioner Goldsmith Romero Announces January 8, 2024, Technology Advisory Committee Meeting

The CFTC’s Technology Advisory Committee (“TAC”) held a meeting on January 8, 2024. At this meeting, the TAC continued its discussion of issues relating to digital assets and blockchain technology, cybersecurity, and emerging and evolving technologies.

 

 

 
 
Learn the Lingo
 

For those new to the digital assets and DeFi world, each edition of the Digital Assets Download will highlight a different term to help you be a part of the conversation.

Liquidity Pools

Liquidity pools are a feature of DEXs (decentralized autonomous exchanges used to trade cryptocurrencies and tokens) that allow people to trade on or between DEXs without any middlemen. Liquidity pools are a mechanism by which users pool their assets in a DEX’s smart contracts to provide asset liquidity for traders to swap between cryptocurrencies. Liquidity pools incentivize users to provide crypto asset liquidity into these pools by allowing users to receive a share of trading fees and/or earning “rewards” in the form of additional/new tokens. In short, more assets and more liquidity “staked” in a pool generally means faster, easier trading on DEXs.

 
 
 

Writings on the Wall, Translating ‘Crypto’ Terms with Mayer Brown

From Airdrop to Wrapped Token, our illustrated glossary, “Writings on the Wall, Translating Securities with Mayer Brown,” has been updated with additional digital assets and cryptocurrency terms. Check out our “featured” list for the crypto terms and the full list of terms.

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