BLPB readers:

Wow, a great resource is now available: Digital and Digitized Assets: Federal and State Jurisdictional Issues: Download ABA Digital Assets White Paper Updates (December 2020 Final)

The paper was prepared by the Innovative Digital Products and Processes Subcommittee Jurisdiction Working Group of the Derivatives and Futures Law Committee of the American Bar Association.  It's an update of a March 2019 version and is organized into 7 sections:

Section 1: Background on Digital Assets and Blockchain Technology

Section 2: Commodity Exchange Act and CFTC Regulation

Section 3: Federal Securities Regulation: Securities Act and Exchange Act

Section 4: Federal Securities Regulation: Investment Company Act and Investment Advisers Act

Section 5: The Need for a Better CFTC and SEC Regulatory Scheme for Digital Assets

Section 6: FINCEN Regulation

Section 7: International Regulation of Digital Assets and Blockchain Technology

Section 8: State Law Considerations

Lastly, the Derivatives and Futures Law Committee is (virtually) having their Winter Meeting next week.  I'm really looking forward to the event and would love for other BLPB readers to join! 

 

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Photo of Colleen Baker Colleen Baker

PhD (Wharton) Professor Baker is an expert in banking and financial institutions law and regulation, with extensive knowledge of over-the-counter derivatives, clearing, the Dodd-Frank Act, and bankruptcy, in addition to being a mediator and arbitrator.

Previously, she spent time at the U. of…

PhD (Wharton) Professor Baker is an expert in banking and financial institutions law and regulation, with extensive knowledge of over-the-counter derivatives, clearing, the Dodd-Frank Act, and bankruptcy, in addition to being a mediator and arbitrator.

Previously, she spent time at the U. of Illinois Urbana-Champaign College of Business, the U. of Notre Dame Law School, and Villanova University Law School. She has consulted for the Federal Reserve Bank of Chicago, and for The Volcker Alliance.  Prior to academia, Professor Baker worked as a legal professional and as an information technology associate. She is a member of the State Bars of NY and TX. Read More