Takeaways from the SEC’s $100M Fine Against FinTech Lender BlockFi

May 18th, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , |

Our Guest Brad is a partner in the Greenville, South Carolina, office of Nelson Mullins Riley and Scarborough where he chairs the firm’s Financial Services Regulatory Practice, leading a team of attorneys in a national practice representing clients in financial regulatory and FinTech matters. He is a valued member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, a companion to this podcast. Takeaways from the SEC's $100M Fine Against FinTech Lender BlockFi So, apparently this is true:  Running a lending operation without registering with the SEC makes them crabby. Spoiler Alert: On Valentine’s Day this year the SEC announced a $100 million fine against retail crypto lender BlockFi Lending. Nothing says "will you be mine?" like a nine-figure bill -- for  that special someone who has everything. The company agreed to put an end to some of its offers and sales, and to get to work bringing itself into compliance with, you know, the law, like the Securities Act of 1933 and the Investment Company Act of 1940. So, what does the SEC want companies to do?  What remedies does the SEC have for unregistered securities offerings?  What impact will this have on private litigation? Is there a risk that BlockFi Interest Account investors will have claims against BlockFi? [...]

Tanks and Banks: What Fintechs Must Know About Sanctions on Russia

March 25th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , |

The Guest A highly regarded attorney and much-sought-after speaker for his expertise on the laws and operations of the technology-driven global financial system. Also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Tanks and Banks: What Fintechs Must Know About Sanctions on Russia Tom Hagy Interviews Brad Rustin of Nelson, Mullins, Riley & Scarborough Click below to get the complete article.

The Impact of Sanctions on Russia on Global Financial Markets with Brad Rustin

March 17th, 2022|Categories: Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , , , , , |

The Impact on Global Financial Systems of U.S. Sanctions on Russia with Brad Rustin But what risks do American corporations and financial institutions face in light of these measures? What difficult reverberations will companies feel across the world? What should global businesses and FinTechs be doing right now to avoid, among other things, violating the restrictions imposed by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC)? What role will cryptocurrency play in all of this? Also, do institutions whose data are stored in Russia and Ukraine face an additional risk as a parallel (albeit less horrific) battle rages on in cyberspace? Listen to my interview with Brad Rustin, a partner with Nelson Mullins Riley & Scarborough LLP and chair of the firm’s Financial Services Regulatory Practice. Brad is a highly regarded FinTech law and industry expert. This will be apparent when you listen. Brad is also on the Editorial Advisory Board of the Journal on Emerging Issues in Litigation. This is a special rapid-release episode given we feel the insights Brad shares are insights business and FinTech’s -- and their attorneys -- urgently need to hear. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself [...]

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