NFTs on Trial: The Yuga Labs Verdict and What It Means for the Digital Frontier
In this episode of The Crypto Exchange, hosts Ethan Ostroff and Genna Garver welcome Glenn Pudelka and Straat Tenney from the firm's Intellectual Property Practice Group. They discuss the Ninth Circuit's pivotal decision in Yuga Labs v. Ryder Ripps, which recognizes NFTs as goods under U.S. trademark law. This ruling is a significant advancement in extending intellectual property protections into the digital realm, impacting brand owners and creators in virtual marketplaces.The conversation covers the court's decision to overturn a $9 million judgment against Ryder Ripps, citing a lack of consumer confusion with Yuga Labs' Bored Ape Yacht Club NFTs. The group analyzes the court's reasoning and the potential for different outcomes in future cases, emphasizing the fact-specific nature of intellectual property disputes involving NFTs.The episode also explores the broader dynamic legal landscape of NFTs, examining their classification under the Lanham Act and strategies for intellectual property protection. Glenn and Straat offer insights into their practices and their intersection with digital assets, emphasizing the importance of clear terms and conditions for NFT companies. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
--------
39:14
--------
39:14
The Future of Bank-Fintech Collaborations in Digital Finance
In this special crossover episode of The Crypto Exchange and Payments Pros podcasts, hosts Ethan Ostroff and Carlin McCrory, along with James Stevens, co-leader of Troutman Pepper Locke's Financial Services Industry Group, explore the dynamic landscape of partnerships between financial institutions and digital asset firms. They discuss the increasing demand for payment enablement, highlighting how these institutions facilitate fiat currency transactions through strategic collaborations with digital asset providers.The episode also examines the GENIUS Act's impact, which mandates stablecoin reserves to be backed by liquid assets, creating new opportunities for financial institutions to offer deposit services. Additionally, the discussion covers the role of credit unions and key regulatory considerations, such as the Bank Secrecy Act and anti-money laundering obligations, emphasizing the critical importance of due diligence and oversight in bank-fintech partnerships. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
--------
18:12
--------
18:12
Navigating the New Frontier of Digital Assets and Tokenization
In this episode of the Crypto Exchange, host Genna Garver is joined by David Labhart from ACA Group to discuss the dynamic landscape of digital assets and blockchain technology. David, who brings extensive experience from his previous role as an attorney advisor at the SEC, shares insights on the evolving regulatory environment surrounding digital assets. The conversation highlights the increasing importance of digital assets for traditional investment managers, including private fund managers, as the U.S. financial markets move toward blockchain integration. Genna and David explore the implications of recent regulatory developments, such as the GENIUS Act, which establishes a framework for payment stablecoins, and the SEC's approval of the first crypto exchange-traded funds under new listing standards. The episode emphasizes the growing demand for digital assets and the transformative potential of tokenization across various investment classes. Additionally, they address the challenges compliance professionals face in adapting existing regulatory frameworks to accommodate digital assets, stressing the need for clarity on their classification as securities, commodities, or other categories. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
--------
23:12
--------
23:12
Navigating the GENIUS Maze: Sanctions and AML Adventures in Crypto
In this episode of The Crypto Exchange, hosts Ethan Ostroff and Genna Garver are joined by their colleague Pete Jeydel to explore the implications of the GENIUS Act on sanctions, anti-money laundering (AML), and efforts to combat the financing of terrorism within the stablecoin sector. The discussion focuses on the act's goal to create a regulated ecosystem for payment stablecoin issuers, known as PPSIs, by transitioning offshore activities to U.S. jurisdiction. This strategic shift is anticipated to strengthen the government's capacity to enforce AML and sanctions compliance.Despite the framework established by the GENIUS Act, many regulatory specifics remain to be defined, with FinCEN and the Treasury Department tasked with developing detailed rules over the coming years. The episode also sheds light on ongoing legislative efforts, such as the CLARITY Act, aimed at establishing a comprehensive regulatory framework for digital assets. The group underscores the necessity of proactive compliance strategies for stablecoin issuers, given the dynamic regulatory environment and inherent risks associated with digital assets. As the industry awaits further guidance, the conversation highlights the importance of innovative compliance solutions and the role of technology in addressing challenges related to illicit finance. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
--------
39:21
--------
39:21
Ensuring Stability: The GENIUS Act's Impact on Stablecoin Insolvency
In this episode of The Crypto Exchange, Ethan Ostroff welcomes Deb Kovsky and Alex Rovira, partners in Troutman Pepper Locke's Bankruptcy and Restructuring practice, to explore the GENIUS Act's approach to stablecoin insolvency. The discussion highlights the complexities and gaps within the current regulatory framework.The episode provides a historical perspective on crypto bankruptcies, examining the GENIUS Act's amendments to the bankruptcy code designed to safeguard stablecoin holders. It addresses the practical challenges of implementing these changes, particularly regarding the automatic stay and the exclusion of reserves from the debtor's estate.Deb and Alex offer insights into potential regulatory solutions, stressing the importance of establishing clear frameworks to build confidence among stablecoin holders. They also consider the feasibility of self-funded insurance models and capital requirements as ways to bridge existing gaps in the system. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The digital assets market is ever-expanding, moving from a niche interest to an industry sector that touches many areas of our daily lives. With The Crypto Exchange podcast, attorneys from Troutman Pepper Locke’s Digital Assets + Blockchain practice group will look at the trends, challenges, and legal issues that our clients and others in the industry face daily. From NFTs to Web3, bitcoin to blockchain, fintech to regtech, and payment processing to data processing, we’ll walk you through the federal and state regulatory, legal, and business intricacies of this rapidly evolving industry sector.
Colombia