As of Monday, November 3rd, Crypto Digest and Restructuring Matters will be consolidated into a new Financial Services Group blog called FinTalk. The new blog will feature the full range of Crowell’s financial services thought leadership, events, and other developments.
Crypto Digest
Insight and Commentary on Investing in Digital Assets
Crypto Digest, published by Crowell & Moring LLP, focuses on legal developments and regulatory issues related to cryptocurrencies and digital assets. The blog covers topics such as trademark protection for NFTs, regulatory stances on meme coins by the SEC, tax implications and enforcement actions concerning cryptocurrency transactions, and legal challenges involving cryptocurrency mixers and sanctions compliance. It addresses the intersection of blockchain technology with intellectual property, securities law, tax law, and criminal enforcement, providing updates on court rulings, government agency statements, and enforcement trends affecting the crypto industry.
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Latest from Crypto Digest
9th Circuit Marches Forward to the Future Finding Digital Assets Are Protected Under Trademark Law
The Ninth Circuit ruled that NFTs are not just digital collectibles but legally recognized goods under the Lanham Act. Yuga Labs, Inc. v. Ryder Ripps and Jeremy Cahen, Case No. 24-879 (9th Cir. July 23, 2025). NFTs are intangible, fully virtual,…
SEC’s Corporate Finance Staff Issues Statement That Meme Coins Are Not Securities
Key Takeaways
Key takeaway #1 — The SEC’s Division of Corporation Finance (the Staff) announced that it will not consider “meme coins” – as described in the Staff’s statement – as “securities” under federal securities laws, and therefore not subject…
DOJ’s First “Pure” Criminal Tax Charges in Bitcoin Case Signals Heightened Focus On Tax Reporting of Digital Asset Gains
As Bitcoin reaches prices not seen since November 2021, individuals and entities will undoubtedly consider selling – sometimes called “taking profit” on – Bitcoin and other digital assets to capture previously unrealized gains. But crypto market participants should be aware…
The Storm Continues: Federal Court Upholds Tornado Cash Sanctions and DOJ Files Criminal Charges Against Two Tornado Cash Cofounders
On August 17, 2023, the U.S. District Court for the Western District of Texas granted summary judgment to the U.S. Department of the Treasury (Treasury) on all of the plaintiffs’ claims in the lawsuit challenging the Department’s Treasury’s Office of…
ISDA publishes whitepaper on digital asset custody
Bittrex: Regulatory Enforcement and Macroeconomic Headwinds Lead to Another Crypto Bankruptcy
Bankruptcy filings in the digital asset space continue, as cryptocurrency exchange Bittrex filed for bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware on Monday, May 8, 2023. The Bankruptcy Docket can be found here. Desolation…
First Insider Trading Conviction Against NFT Insider
On May 3, 2023, Nathaniel Chastain, the former product manager of the NFT marketplace OpenSea, was convicted by a federal jury in the Southern District of New York for what is being called the first insider trading conviction in the…
NFTs as Securities?
Many of those active in the non-fungible token (NFT) market have been nervously anticipating action from the U.S. Securities and Exchange Commission (SEC) regarding whether or not they will categorize NFTs as securities and further regulate them. U.S. regulators have not…
Cryptocurrency Account Security
Crypto-hacking and theft have been front and center in the news. Separate from the failures and alleged fraud of CeFi crypto-exchanges, estimates suggest that $3.8 billion worth of cryptocurrencies have been stolen in the past year. It’s become vital to…