Understanding Stablecoins

With stablecoins like Tether and Gemini making news recently, it is worth exploring what the term “stablecoin” means, and how it might impact businesses and consumers in the coming years. For starters, a stablecoin is a type of cryptocurrency that is designed to mitigate the short-term volatility that most cryptocurrencies are known for. Stablecoins are … Continue reading Understanding Stablecoins

Regulation of the Unregulated: How Bitcoin and Cryptocurrencies show that the Government Can Regulate Anything

Michael Best Attorneys Evan Strassberg and Brad Jacobsen provide an expert analysis, featured in Westlaw Journal's Bank & Lender Liability, explaining how economy of bitcoin and other cryptocurrencies work, as well as how government agencies are impacting this market and attempting to regulate these new electronic assets. "Bitcoin was born shrouded in mystery.  Using the alias Satoshi … Continue reading Regulation of the Unregulated: How Bitcoin and Cryptocurrencies show that the Government Can Regulate Anything

CFTC Proposes “Actual Delivery” Definition with Big Implications for Bitcoin Regulation

Just before the close of 2017, the Commodity Futures Trade Commission (CFTC) proposed a seemingly esoteric new rule, in which the CFTC attempted to define the term “actual delivery” within the context of retail commodity transactions in virtual currency.  Let’s unpack this because while it may seem to be an obscure topic, once final, this … Continue reading CFTC Proposes “Actual Delivery” Definition with Big Implications for Bitcoin Regulation

Senate Banking, Housing, and Urban Affairs Committee Hearing: Virtual Currencies, SEC and CFTC Oversight

Overview: The Senate Committee on Banking, Housing, and Urban Affairs held a hearing pertaining to virtual currencies and oversight of the Securities and Exchange Commission and the Commodity Futures Trading Commission on February 6, 2018. The hearing shed some light on the potential future path for U.S. regulation of cryptocurrencies and highlighted many issues that crypto … Continue reading Senate Banking, Housing, and Urban Affairs Committee Hearing: Virtual Currencies, SEC and CFTC Oversight

CFTC Draws Jurisdictional Boundaries on Bitcoin

We know that the Commodity Futures Trading Commission (CFTC) considers virtual currencies, including bitcoin, to be commodities, meaning that they are subject to the CFTC’s oversight.  And we know, based on recent statements and enforcement actions, that the CFTC is, in fact, paying close scrutiny to cryptocurrency transactions and the exchanges on which they are … Continue reading CFTC Draws Jurisdictional Boundaries on Bitcoin