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FAL WIRE


NFT’s and Digital Art Blockchain: Is Blockchain’s Digital Token New Frontier Its Brightest?**
Nearly two years after the SEC’s last substantive guidance on digital assets, regulatory clarity around blockchain tokens remains elusive. As utility tokens stalled under securities scrutiny, Non-Fungible Tokens (NFTs) have surged into the spotlight—driven by digital art, booming secondary markets, and headline-making sales. This post examines NFTs through the lens of the SEC’s Howey framework, questioning whether NFTs may raise securities law concerns and arguing that contin
Feb 28, 202112 min read


The Fine Art of Auction Consignments: AML and Sanctions Compliance and the Art Owner's Conundrum
The contractual relationship between Fine Art auction houses, art intermediaries and fine art owners: not only sanctions compliance relevant
Dec 6, 202013 min read


Fine Art Consignment in the time of COVID-19: How safe is your Art?
As COVID-19/ SARS-CoV-2 slithers insidiously among us,If a gallery were to fail, who would be entitled to its inventory?
Mar 30, 20209 min read


Blockchain Utility Tokens: Throwing The Baby Out With The (Securities Regulation) Bathwater?
There needs to be this statement of definition clearly delineating utility token from security token. Blockchain regulatory reform.
Aug 5, 20199 min read


Facebook's Libra, Cryptocurrency and The Token Taxonomy Act: Fear of the Tech Giants?
Facebook’s proposed Libra cryptocurrency ignited a rare moment of bipartisan alarm on Capitol Hill. During David Marcus’s 2019 congressional testimony, lawmakers struggled not only with the technology itself, but with a deeper concern: whether Libra represents innovation—or a direct challenge to sovereign currency and regulatory authority.
Jul 25, 201912 min read


FinCEN, Tokens and Money Transmission: A Redux
On May 9th, 2019, the Financial Crimes Enforcement Network (FinCEN) put a number of questions to rest in its CVC guidance
Jun 3, 20196 min read


Is There Any Utility Left in Utility Tokens? The SEC Speaks
A Busy Week for the SEC on Digital Assets The Securities and Exchange Commission had a busy week this last week on the topic of digital assets. Unusually expressive on this topic, it released two publications April 3rd, the first its “ Framework for ‘Investment Contract’ Analysis of Digital Assets ” (Framework), and the second a ‘ no-action letter ’ in favor of TurnKey Jet, Inc. (No-Action Letter). Both were hailed as milestones for the SEC in dealing with the vexing differen
Apr 8, 20196 min read


Blockchain and Money Transmission: A New Horizon for Token-Driven Startups?**
As the debate over whether digital tokens are securities continues, an equally critical regulatory issue often goes overlooked: money transmission compliance. This in-depth analysis explores how federal and state money transmitter laws impact token-driven blockchain startups, the risks of operating under legacy regulatory frameworks, and why the proposed Blockchain Regulatory Certainty Act could be a crucial step toward enabling innovation while maintaining compliance.
Feb 18, 201911 min read
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