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Blockchain & Banking

Our Blockchain and Banking Blog offers the latest information on financial services and litigation trends. Banking topics range from commercial and consumer lending, to bankruptcy and lender liability defense, to the Dodd-Frank and Regulations JJ. Notably, contributors to the blog have earned national recognition as legal trailblazers in the blockchain and cryptocurrency arena, owing to their experience helping scores of token developers execute viable ICOs and STOs. They provide timely updates on the evolving regulatory framework for token developers (and their investors), along with news of innovative blockchain applications in industries such as health care, real estate, manufacturing, and logistics.

Recent Blog Posts

Navigating the Blockchain Landscape: Recent IRS Guidance on Convertible Virtual Currency and the Tre...

August 29, 2023

Stock photo of a beautiful young woman’s face very close up. She’s looking at a complicated set of holographic, see-thru numbers. The numbers are also reflected in her spectacles.

The Corporate Transparency Act: Considerations for Effectively Using the FinCEN Identifier

July 28, 2023

Different cryptocurrencies and gavel over computer mainboard.Concept image for cryptocurrency

You Thought Federal Compliance Was Enough? Don’t Forget the States

July 25, 2023

Macro shot of pocket watch face with 100 dollar bill Ben Franklin. Selective focus is on Franklin's Eyes. Gold Tone.

California Courts Restrict Late Fees When Borrowers Default

July 25, 2023

Gold bitcoin coin on background of growth chart

Considerations for an Effective OFAC Compliance Program in the Tech Industry

March 13, 2023

Closeup - Hand of woman is checking Bitcoin price chart on digital exchange on computer, cryptocurrency future price action prediction. copy space.

In the News:

Watch | DC Deep Dive: The Future of Cryptocurrency

Publication: CivicPoint

Publish Date: December 12, 2022

Authors: Jonathan S. Miller John S. Wagster

High quality 3D rendered image, perfectly usable for topics related to big data, global networks, international flight routes or the spread of a pandemic / computer virus.Textures courtesy of NASA:https://visibleearth.nasa.gov/images/55167/earths-city-lights,https://visibleearth.nasa.gov/images/73934/topography

OFAC Enforcement Action Based on a Rewards Program

October 31, 2022

Prague, Czech Republic - October, 2019: Silver Bitcoin, bit coin online digital currency frozen in the blue ice. Concept of block chain, crypto market crash. Frozen crypto money, depreciation

Crypto Winter Series: Can the Legal World Catch Up with the Rapid Development of Crypto Innovation? ...

July 14, 2022

Crypto Winter Series: Bankruptcy, Insolvency, and Liquidation Principles for Crypto Investors | Part...

July 13, 2022

Crypto Winter Series: What Are the Current Insolvency Concerns and What Do They Mean | Part 1 of 3

July 11, 2022

Fishing hook and digital wallet symbol drawn white chat bubble on blue background. Horizontal composition with copy space. Phishing concept.

You’ve Been Crypto-Served

June 23, 2022

California Governor Issues an Executive Order on the Web3 and Blockchain Innovation

June 13, 2022

NFT non fungible token on a hard surface motherboard. Crypto currency. 3D rendering

DOJ Announces First Insider Trading Charges Involving Non-Fungible Tokens

June 8, 2022

Gavel and electronic devices. Regulation of blockchain.

Liability for Digitally Autonomous Organizations

May 20, 2022

Encryption your data. Binary code and digital Lock. Hacker attack and data breach. Big data with encrypted computer code. Safe your data. Cyber internet security and privacy concept. Database storage 3d illustration

Binance Decision Clarifies Extraterritorial Application of U.S. Securities Laws to Digital Asset Tra...

April 19, 2022

Five Reasons DOL (Almost) Prohibits 401(k) Cryptocurrency Investments | Fiduciary Focus Series

March 25, 2022

pile of coins on technology financial graph background.

President Biden’s Executive Order Addressing Digital Assets and Technologies

March 9, 2022

Concept cryptographic nft on a hundred-dollar bill franklin in glasses

NFT Lawsuits 2022 Roundup

March 1, 2022

The American Rescue Plan’s Impact on Form 1099-K Reporting Requirements for Third-Party Payment Ne...

February 8, 2022

Banking System and Electronic Transfer for Business

The Digital Dollar: The Fed Exploring Whether a U.S. CBDC Might Make “Cents”

January 24, 2022

Between the Hashes: Developments in State Taxation and Incentives for Cryptomining

September 13, 2021

Kentucky Releases Application for New Cryptomining Energy Exemption

June 24, 2021

We Knew It Was Coming: The First NFT Lawsuit is Here

June 9, 2021

Operational Considerations for Implementation of the California Commercial Lender Disclosure Law

May 5, 2021

Blockchain Smart Contracts: Changing the Way Business is Done Today

April 1, 2021

Kentucky Poised To Be National Cryptomining Leader With New Tax Legislation

March 29, 2021

Blockchain and Art Provenance: Five Data Privacy Challenges

March 18, 2021

The Importance of Operational Procedures Whenever Statutory Notice is Required

February 4, 2021

Proposed Tennessee Bill to Remove Sales Tax in Calculation of Interchange Fees

January 29, 2021

“Tax Attributes” that Protect from Income Taxes as “Property”

November 13, 2020

PPP Loan Forgiveness Should Not Cause Discharge of Indebtedness Income or Generate a Form 1099-C

November 3, 2020

Bitcoin Cryptocurrency Security And Mining Concept. Safe Lock With Symbol Of Bitcoin On Circuit Board.

“We Don’t Bank Crypto” Isn’t Enough: Banks Need a Strategy for Cryptocurrency

October 12, 2020

Valuable Lessons to be Drawn from the CFPB’s TD Bank Overdraft Consent Order

August 31, 2020

Is the Crypto Camel’s Nose Under the Banker’s Tent With the OCC’s Interpretative Letter of Jul...

July 24, 2020

Kentucky Continues Progress in Blockchain Technology and Smart Contracts

July 24, 2020

Solutions for Delays in Unclaimed Property Reporting

July 16, 2020

A Primer for Kentucky’s Financial Institutions About Properly Handling Suspected Elder Financial A...

July 13, 2020

Security Interests for Sellers of Goods and Services and the Value of an Unperfected Security Inter...

July 1, 2020

Bankruptcy Courts Helping Individuals, Despite the Statute?

June 30, 2020

The OCC’s CRA Final Rule: What is a Qualifying Activity?

June 8, 2020

When Your Vendor’s Lender Demands You Pay It Instead of Your Vendor

April 22, 2020

Lender Liability: An Expected Post-Coronavirus Legacy?

April 22, 2020

Mortgage Payment Deferral Responsibilities of Small Servicers during the Coronavirus Declared Emerge...

April 16, 2020

Advice for Mortgage Loan Servicers: Navigating the Recent Joint Statement Guidance

April 14, 2020

Blockchain and Banking Blog featured image

Traditional Note Offering Settled on the Ethereum Blockchain: Securitization in the Age of Digital A...

April 9, 2020

Danger for Buyers of Distressed Securities or a Gift to Bond Indenture Trustees

April 6, 2020

Cashing Checks in the COVID-19 Age

March 23, 2020

Kentucky’s Department of Financial Institutions Issues New COVID-19 Guidance

March 18, 2020

COVID-19 and Banks’ Remote Deposit Capture Processes

March 18, 2020

SBA Relief for Businesses Impacted by COVID-19 – Disaster Assistance Loans

March 16, 2020

Can decentralized finance offset the Wall Street losses due to coronavirus?

March 13, 2020

How Bankers Can Prepare for the Shock of Coronavirus

March 11, 2020

Dangerous Intersection Ahead: Privacy and Banking Fintech

March 9, 2020

Navigating Blockchain and Data Privacy

February 28, 2020

Community Banks and Credit Unions are Targeted with Class Action Lawsuits for NSF and Overdraft Char...

February 7, 2020

Contract Fairness Requirements and Lender-Placed Insurance

January 30, 2020

Can a Lien Exist Without A Debt For It to Secure?

January 24, 2020

Ohio Supreme Court Resolves Some Concerns in Foreclosure Litigation Appeals

January 23, 2020

Could Banks Be Targeted in Iran’s Cyber Retaliation?

January 7, 2020

Community Reinvestment Act (CRA): Are Changes on the Way?

January 6, 2020

Webinar: Banking America’s Hemp Businesses

December 11, 2019

Mortgage Loan Servicer’s Failure to Plan for Errors is Costly

December 10, 2019

Lender Considerations for Cryptocurrency and Other Digital Assets

December 10, 2019

Business Marijuana Hemp Leaves Cannabis Stock Exchange Market

Bank Regulators Get into the Weeds About Industrial Hemp

December 4, 2019

A Difference That Could Matter: Borrower versus Guarantor

November 26, 2019

SAFTs May Survive Telegram’s Garbled Message

November 19, 2019

Foreclosure Sign In Front On Modern House

Defaulted Mortgagee Saved By Distinction Between Note and Mortgage Claims

November 18, 2019

Lessons for Commercial Litigation Counsel re (1) Business Records Hearsay and (2) Partial Conditiona...

November 18, 2019

IRS Lien Litigation Holds Lessons For Transaction Counsel

November 4, 2019

ICOBox Complaint Offers Glimpse into SEC Enforcement Thinking

October 25, 2019

Joint Statement Issued on Activities Involving Digital Assets

October 16, 2019

Virtual Data Files Containing Cryptographic Keys

In the News:

Blockchain Voting Systems — Can Democracy Rely on Them?

Publication: Cointelegraph

Authors: John S. Wagster

State Attorneys General Ask at the Checkout Counter, “Chip & Sign or Chip & Pin?”

September 17, 2019

Planning Litigation for the Lender: Lender Can Sue Out-of-State Borrower’s Counsel in Lender’s H...

August 19, 2019

Featured image for Intellectual Property Practice Area

U.S. Government Regulation of Cryptocurrencies Remains More Tortoise than Hare

August 4, 2019

Recent Case Law Focuses on Drafting Considerations in Payments Contracts (part 3 of 3)

July 23, 2019

Recent Case Law Focuses on Drafting Considerations in Payments Contracts (part 2 of 3)

July 15, 2019

Recent Case Law Focuses on Drafting Considerations in Payments Contracts (Part 1 of 3)

July 8, 2019

Rising Momentum for Blockchain’s Decentralized Finance Applications

July 5, 2019

Collateral Descriptions in UCC Financing Statements

June 20, 2019

How to Address a Consumer Dispute in Compliance with Fair Credit Reporting Act

June 2, 2019

Unique Concerns When Foreclosing Junior Liens on Real Estate in Ohio

May 29, 2019

The First Filed Real Estate Interest Has Priority, Sometimes

May 7, 2019

Cannabis Marijuana Oil Extracts In Jars And Leaves For Treatment.

West Virginia Medical Cannabis Banking Reforms Take Shape

April 30, 2019

So Many Adages So Little Time

April 29, 2019

When a Lender Must File and Send a Form 1099-C to Report Debt Forgiveness

April 26, 2019

Small Banks and FinTech: an Opportunity?

April 15, 2019

HR 171: Kentucky’s First Step Towards a Sustainable and Innovative Blockchain Market

April 3, 2019

Admit and Legislators Acknowledge That Real Estate Professionals Are Human and Need Protection From ...

April 2, 2019

Two offerings – one token: Simultaneous Rule 506(c) and Reg S offerings of security tokens

April 1, 2019

Dormancy and Revival: Long-Term Judgment Collection in Ohio

March 4, 2019

SPNB Charters for FinTech Companies: A Primer

February 27, 2019

Big picture of finance, connecting the dots

SPNB Charters for FinTech Companies Will Impact Your Litigation Work

February 25, 2019

When the Dispatcher Must Stop the Truck: A Collection Lawyer’s Duty to Stop the Work of Others Tha...

February 12, 2019

Five Things to Know About Security Token Offerings

February 10, 2019

What’s around the bend for crypto and blockchain developers and the agencies tasked with regulatin...

February 8, 2019

New FCC Database Aims to Reduce Potential Liability of Businesses under the Telephone Consumer Prote...

February 1, 2019

Lis Pendens in Ohio: Tips for Leasehold Mortgagees and Other SNDA Beneficiaries

December 17, 2018

Ohio’s Data Protection Act: An Opportunity for Financial Institutions That Operate in Ohio

December 5, 2018

From Gray to Black and White: Traditional Regulations Come to Crypto

December 3, 2018

Agreed, Not Unauthorized and yet Unenforceable

November 26, 2018

Update and Expansion: Appeals in a Foreclosure Case, an Empty Right in Ohio?

November 21, 2018

What a Collection Lawyer Should Know About a Client’s Information Management Systems

October 22, 2018

The Commercial Litigator and His Client’s Information Management Systems

October 18, 2018

Cryptocurrency or a Security? Only the Jury Knows for Sure

September 12, 2018

Planning Commercial Collection Litigation: A Primer

September 5, 2018

Bankers, Bitcoins And the Bank Secrecy Act – A Webinar about Business Opportunities & Risk...

August 24, 2018

Ohio Enacts Law Acknowledging Blockchain Transactions and Granting Safe Harbor Protections to Eligib...

August 9, 2018

A Thoughtful Bankruptcy Lawyer’s Opportunity to Anticipate

August 1, 2018

Entity Receiverships and the Dangerous Federal Priority Statute

July 6, 2018

Ohio’s Administrative (Not Judicial) Income Tax Liens

June 19, 2018

Joinder of Claims in Commercial Foreclosure Litigation is a Choice

June 6, 2018

Appeals in a Foreclosure Case, an Empty Right in Ohio?

May 30, 2018

Over Lawyering Danger: Sometimes the “Belt” Interferes with the “Suspenders”

May 14, 2018

IRS Liens, After Acquired Property and the Doctrine of Choateness

May 4, 2018

When is Old New: Loan Modification Under the BSA’s Beneficial Owner Rule

May 1, 2018

Do Prior Liens Attach to Property After the Fraudulent Conveyance Determination

April 26, 2018

New York Attorney General Launches Inquiry into Cryptocurrency Exchanges

April 18, 2018

Danger: “Unlimited” Guaranty Covers Theft Losses Caused By Another

April 13, 2018

How to Lose a Default Judgment Motion: Seek the Wrong Relief Too Soon

April 6, 2018

A Cautionary Tale: Original Mortgagee’s Modified Loan Prevails Over Second Secured Lender

April 3, 2018

Arizona Creates Legislative Sandbox to Foster Fintech Business Growth

March 27, 2018

Op Ed: FinCEN Policy Positions Offer Murky Guidance for ICOs

March 14, 2018

Blockchain Update: SEC Order Interrupts the Munchee ICO

December 18, 2017

It Begins: The First ICO-Related Securities Litigation Has Been Filed – and There are Lessons ...

November 15, 2017

Blockchain Policy Update: LabCFTC Releases “A CFTC Primer on Virtual Currencies”

October 20, 2017

West Virginia Supreme Court: WVCCPA does not apply to Landlord/Tenant Relationships

October 16, 2017

Legal Issues of Owning and Operating a Bitcoin ATM Business

September 14, 2017

A Regulatory Primer for Bitcoin ATM Operators – State Law & Regulations

September 14, 2017

Bitcoin ATMs: What They Are and How They Work

September 14, 2017

Asian Regulatory Actions on ICOs: Optimism Remains Despite New Regulations

September 5, 2017

2017 Shaping Up to be a Busy Year for State-Level Blockchain Legislation

August 4, 2017

Launching an ICO? Follow This Advice from the SEC

July 31, 2017

FinCEN Cracks-Down on Yet Another Alleged Illegitimate Virtual Currency Exchange, Raising More Conce...

July 27, 2017

SEC Addresses ICO Bubble, But Leaves Key Questions Unanswered

July 26, 2017

Initial Coin Offering Risk Factors: More Than Just Legalese

July 6, 2017

West Virginia Legislature Amends Consumer Credit and Protection Act

May 11, 2017

Conference of State Bank Supervisors Sues U.S. Comptroller over Non-Bank Charter Rule

April 28, 2017

What Prepaid Accounts Are Subject to the New Prepaid Rules? What you need to know to be ready.

March 23, 2017

A Cautionary Tale for Money Service Businesses: How Violating the Bank Secrecy Act Could Cost Millio...

March 2, 2017

New Hampshire Takes Steps to Exempt Virtual Currency Transfers from its Licensing Regime

February 22, 2017

New York’s DFS Narrows Proposed Cybersecurity Regulations

January 20, 2017

Fintech Companies are No Longer in “Uncharted” Territory

December 27, 2016

The Medieval Economics of Cryptocurrency

November 14, 2016

It’s EZ as 1, 2, 3 . . . Disclosure, limited liability and periodic statements required for prepai...

October 14, 2016

Considerations For A Legislative Definition of “Blockchain”

October 13, 2016

Are Prices Free Speech? The Supreme Court is set to weigh in on whether merchant surcharges are prot...

October 6, 2016

Will Sixth Circuit Decision Further Open Doors to Data Breach Recovery Lawsuits?

October 6, 2016

CFPB ARBITRATION RULE: What You Need to Know Now

May 6, 2016

Law and Technology Disconnect: Tennessee Just Killed Encryption Safe Harbor

April 11, 2016

Preservation of Arbitration Rights in Kentucky When Litigation Is Filed

March 21, 2016

What You Should Know About Kentucky’s New Uniform Voidable Transactions Act

January 29, 2016

Your Money is No Good Here: FTC Bans Telemarketers from Accepting Four Methods of Payment

November 25, 2015

A House Divided: U.S. District Court Splits on Whether Class Has a Private Right of Action Against �...

November 18, 2015

Helpful to Bankers? Changes to the TCPA of Particular Concern to Financial Institutions

August 28, 2015

Fed’s Advice to Community Banks on Bitcoin: “Proceed … with Caution”

July 27, 2015

Continuity or Change? How the Supreme Court changed the law for lenders under the FHA without changi...

July 22, 2015

At Risk: Community Banks and the Recovery of Losses Due to Merchant Data Breach

July 6, 2015

Developments in the Rules Governing Personal Identifiable Information May Have Unexpected Consequenc...

June 18, 2015

Is .bank Right For You? The Pros & Cons

May 19, 2015

NEW POINT-OF-SALE LEGISLATION IN TENNESSEE

May 11, 2015

Newly Enacted Legislation Prohibits Certain Amendments to Mortgages

May 4, 2015

Credit Reporting Agencies’ Deal Could Impose Additional Investigation Rules on Companies that ...

March 10, 2015

What Last Year’s Data Privacy Rulings May Hold For Future Consumer Class Action Lawsuits – Some ...

February 17, 2015

Key Points for Bankers Concerning Federal Income Tax Filing Requirements When Discharging a Debt

February 12, 2015

West Virginia Supreme Court Dismisses M.E.R.S. Recording Fee Putative Class Action

February 6, 2015

What Financial Institutions Need To Know About IRS Form 1042-S

February 2, 2015

When Contract Boilerplate Matters: A Case Lesson From the Credit Card Processing World

January 28, 2015

Supreme Court Clarifies Borrower’s Rescission Rights Under the Truth in Lending Act

January 21, 2015

Financial Institutions are Foreseeable Victims in Target Data Breach Cases

January 16, 2015

New Savings Options Authorized for Retail Customers

January 9, 2015

Location, Location, Location: Understanding How Contract Provisions Can Impact Where Litigation Take...

January 22, 2013

Sixth Circuit Affirms District Court’s Finding of Waiver of Right to Enforce Arbitration

September 7, 2010

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Featured Contributors

Courtney Rogers Perrin

Partner

Nashville, TN

615.251.5592

John S. Wagster

Industry Team Leader

Nashville, TN

615.251.5586

Joshua T. Lewis

Senior Associate

Nashville, TN

615.251.5572

Jared M. Tully

Practice Group Vice-Chair

Charleston, WV

304.348.2404

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