Blog post which argues that 28 U.S.C. § 1782 Could Be a Powerful Tool for International Crypto Litigation

For years, courts viewed the “Howey” test as clear guidance as to whether a particular asset or investment was a security. Now, recent inconsistent decisions, particularly in the crypto space, have questioned that clear guidance. The effect is a rekindling the debate as to whether the term “investment contract” is void for vagueness because it fails to give people and businesses a reasonable answer as to what is or is not a security.

The Foreign Extortion prevention Act ("FEPA" or the "Act") was passed as part of the 2024 National Defense Authorization Act ("NDAA"), was passed in Congress with bipartisan support and signed into law by President Biden. FEPA is the first U.S. regulation intended to regulate the "demand side" of foreign bribery--creating a direct criminal statute against foreign officials who solicit or accept bribes from a company or individual in the U.S.

It is critical to keep up with the most recent legislative developments in law. Three states—New York, Massachusetts, and Florida—have enacted a plethora of new legislation that will affect individuals, companies, and communities as we enter 2024. This year is bringing with it a flurry of legislative modifications that need attention, from major tax cuts to workers' rights improvements.  Below are a few of the highlights:

Tired of hearing about Ripple and Coinbase’s battles with the SEC? Here are five opinions from courts around the country that will shape crypto laws going forward.

Read Dynamis’ analysis as to whether the Electronic Fund Transfer Act (“EFTA”) applies to crypto transfers.

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