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
September 26, 2024 | Blogs
Entities that operate among or provide services to persons who provide consumer financial products o...
January 26, 2024 | Blogs
In line with the Consumer Financial Protection Bureau’s (CFPB) 2022 initiative to reduce “junk f...
October 12, 2023 | Blogs
The Consumer Financial Protection Bureau (CFPB or “Bureau”) announced its plans to raise the sta...
August 29, 2023 | Blogs
This article explores recent developments in the U.S. federal taxation of virtual currencies by the ...
July 28, 2023 | Blogs
The Corporate Transparency Act (CTA) is scheduled to take effect in a matter of months (on January 1...
July 25, 2023 | Blogs
Most virtual asset providers are aware of federal-level guidance, such as the money services busines...
July 25, 2023 | Blogs
This article was originally published in Bloomberg Law’s Banking, Professional Perspectives. I...
March 13, 2023 | Blogs
On November 28, 2022, the United States Department of Treasury’s Office of Foreign Assets Cont...
October 31, 2022 | Blogs
On September 30, 2022, the United States Department of Treasury’s Office of Foreign Assets Control...
July 14, 2022 | Blogs
Much discussion has been had recently about the fact that cryptocurrencies (tokens and coins) do not...
July 13, 2022 | Blogs
In bankruptcy parlance, the lookback period does not look good for the crypto industry. In the last ...
July 11, 2022 | Blogs
News outlets and industry publications have been publishing information about recent “crypto winte...
June 23, 2022 | Blogs
Cryptocurrency has long been the digital Wild West—the legal system has been working to catch up t...
June 13, 2022 | Blogs
Following President Joe Biden’s outlining the national policy on digital assets and technologies, ...
June 8, 2022 | Blogs
On June 1, 2022, the Department of Justice (DOJ) announced the indictment of a former product manage...
May 20, 2022 | Blogs
Are decentralized autonomous organizations (DAOs) de facto general partnerships such that their “m...
April 19, 2022 | Blogs
On March 31, 2022, the United States District Court for the Southern District of New York dismissed ...
March 25, 2022 | Blogs
The Department of Labor’s Employee Benefits Security Administration (DOL) issued Compliance Assist...
March 9, 2022 | Blogs
President Biden issued an Executive Order (the “Order”) earlier outlining the administration’s...
March 1, 2022 | Blogs
The increased popularity of non-fungible tokens (NFTs) has potential to inspire new methods of creat...
February 8, 2022 | Blogs
Another tax year, another change. The annual Form 1099-K issuance (Payment Card [1] and Third-Party ...
January 24, 2022 | Blogs
The Federal Reserve recently released a publication discussing the potential of a central bank digit...
September 13, 2021 | Blogs
While the boom of cryptocurrency in the United States has led to several developments and changes to...
June 24, 2021 | Blogs
As discussed at length in my prior article (KY Passes New Tax Breaks for Cryptomining), Kentucky rec...
June 9, 2021 | Blogs
On May 12, a plaintiff sued Dapper Labs, Inc. and the CEO of Dapper Labs, alleging violation of secu...
May 5, 2021 | Blogs
On April 7, 2021, the Department of Financial Protection and Innovation (DFPI) published revised reg...
April 1, 2021 | Blogs
Your vendor wants to use A Blockchain “Smart Contract” for the transaction. Now what? At a glanc...
March 29, 2021 | Blogs
Kentucky has long been considered a national leader in the manufacturing industry given its low cost...
March 18, 2021 | Blogs
Distributed ledger technologies (DLTs) are becoming more prominent with applications across supply c...
February 4, 2021 | Blogs
A business’ routine and seemingly mundane operational practices can sometimes have material legal ...
January 29, 2021 | Blogs
In most cases, Tennessee merchants – and customers – pay processing fees on the total amount of ...
November 13, 2020 | Blogs
Many small businesses are structured as pass-through entities for federal income tax purposes.[1] We...
November 3, 2020 | Blogs
Bankers participating in the Paycheck Protection Program (PPP) must be aware of their reporting obli...
October 12, 2020 | Blogs
At a recent industry conference, Financial Crimes Enforcement Network (FinCEN) director Kenneth Blan...
August 31, 2020 | Blogs
On August 20, 2020, the Consumer Financial Protection Bureau (CFPB) and TD Bank, N.A. (“TD Bank”...
July 24, 2020 | Blogs
On July 22, 2020, the Office of the Comptroller of the Currency (“OCC”) released Interpretative ...
July 24, 2020 | Blogs
Effective July 15, 2020, Kentucky statutorily empowered its first “Blockchain Technology Working G...
July 16, 2020 | Blogs
Holders of unclaimed or abandoned property should familiarize themselves with their state’s proced...
July 13, 2020 | Blogs
One of the most important areas for banks and credit unions to master is the handling of situations ...
July 1, 2020 | Blogs
Many of our clients who provide goods or services on credit[1] have a form sales contract that inclu...
June 30, 2020 | Blogs
Two recent bankruptcy court cases remind counsel of the great importance of knowing the proclivities...
June 8, 2020 | Blogs
The Office of the Comptroller of the Currency (“OCC”) issued a Community Reinvestment Act (“CR...
April 22, 2020 | Blogs
A commercial lender’s favorite collateral is often a borrower’s accounts receivable. This collat...
April 22, 2020 | Blogs
Banks and their lawyers know that lender liability cases come in all shapes and sizes. One of the co...
April 16, 2020 | Blogs
Much discussion has been had during the past weeks with regards to assisting mortgage borrowers by a...
April 14, 2020 | Blogs
A Joint Statement[1], “Supervisory and Enforcement Practices Regarding the Mortgage Servicing ...
April 9, 2020 | Blogs
In early March 2020, FAT Brands, which includes Fatburger, Buffalo’s wings, Bonanza Steakhouse, an...
April 6, 2020 | Blogs
A thriving market exists for the transfer of troubled secured debt. Recently, the Ohio Supreme Cou...
March 23, 2020 | Blogs
It seems like we are all remote bankers now. With branch operations restricted and teller lines clos...
March 18, 2020 | Blogs
Hailey Nolan, depository division director for Kentucky’s Department of Financial Institutions, to...
March 18, 2020 | Blogs
Financial institutions across the country are adjusting branch operations in response to COVID-19. ...
March 16, 2020 | Blogs
In terms of operational shutdowns, lack of customers, and canceled or delayed contracts, all busines...
March 13, 2020 | Blogs
We are all feeling the trickle-down of the short-term effect of coronavirus on Wall Street markets. ...
March 11, 2020 | Blogs
Yesterday, March 10, Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious...
March 9, 2020 | Blogs
Bankers in the fintech space are familiar with the FFIEC’s Guidance recommending multi-factor auth...
February 28, 2020 | Blogs
Blockchains are becoming more prominent in cryptocurrencies like Bitcoin, supply chain applications,...
February 7, 2020 | Blogs
Many banks and credit unions are only too well aware that they are the targets of an industry of pla...
January 30, 2020 | Blogs
Many states have a requirement that contracting parties treat each other with a minimum amount of fa...
January 24, 2020 | Blogs
The question of does a lien exist without a debt for it to secure is a complicated issue that unfort...
January 23, 2020 | Blogs
In two prior posts, I addressed several questions surrounding appeals in Ohio real estate foreclosur...
January 7, 2020 | Blogs
Governmental officials and cyber security experts currently anticipate that Iran’s responses to re...
January 6, 2020 | Blogs
On December 12, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller o...
December 11, 2019 | Blogs
Overview The new industrial hemp industry presents financial institutions with exciting business o...
December 10, 2019 | Blogs
Loan servicers’ employees are human beings. Loan servicing employees use systems designed by other...
December 10, 2019 | Blogs
The increasing popularity of cryptocurrencies and other digital assets, most notably, Bitcoin and Et...
December 4, 2019 | Blogs
Four key federal banking regulatory agencies, joined by the Conference of State Bank Supervisors, is...
November 26, 2019 | Blogs
Opening remarks on liability. I enforce many unconditional and unlimited guaranty documents signed b...
November 19, 2019 | Blogs
Blockchain start-ups who side-stepped traditional seed round financing in favor of selling future ri...
November 18, 2019 | Blogs
Previously, I wrote blog posts on planning commercial litigation and the considerations involved in ...
November 18, 2019 | Blogs
A recent Court of Appeals decision is a good reminder for experienced lender’s litigation counsel ...
November 4, 2019 | Blogs
A lien in favor of the Internal Revenue Service (“IRS”) attaches to all the indebted party’s i...
October 25, 2019 | Blogs
The Securities and Exchange Commission (“SEC”) recently moved to sanction an ICO-related busines...
October 16, 2019 | Blogs
Last Friday, the Chairman of the U.S. Commodity Futures Trading Commission (CFTC), the Director of t...
September 17, 2019 | Blogs
Should state Attorney General’s (AG’s) intrude in the private market place to influence the cho...
August 19, 2019 | Blogs
The work of commercial transaction counsel who represent borrowers can involve making representation...
August 4, 2019 | Blogs
For the most part, U.S. governmental entities are allowing cryptocurrency regulation to evolve incre...
July 23, 2019 | Blogs
A well-crafted contract will be concise, clear, and avoid internal conflicts. In this last article o...
July 15, 2019 | Blogs
In this second article of our three-part series on payments contracts and drafting considerations, r...
July 8, 2019 | Blogs
Payment card networks are built on a web of contractual arrangements containing incentives and alloc...
July 5, 2019 | Blogs
Background Blockchain technology’s potential for disintermediation in the financial sphere has evo...
June 20, 2019 | Blogs
Lenders and their counsel know that it is important to properly describe the collateral on which a l...
June 2, 2019 | Blogs
With the recent decision in Spokeo v. Robbins, bloggers and legal commentators have spent much time...
May 29, 2019 | Blogs
There has been some significant activity recently involving the rights and obligations of junior re...
May 7, 2019 | Blogs
Uncounted dollars in money, goods and services are routinely transferred in reliance on the priority...
April 30, 2019 | Blogs
On April 25, 2019, the West Virginia Treasurer’s Office issued a request for proposals (RFP) seeki...
April 29, 2019 | Blogs
The old adage “no harm no foul” applies to tort litigation unless there is a statute or contract...
April 26, 2019 | Blogs
Over the years, I have often addressed questions related to IRS Form 1099-C titled Cancellation of ...
April 15, 2019 | Blogs
Earlier this year BB&T and SunTrust announced a merger that if completed will create the sixth-l...
April 3, 2019 | Blogs
For anyone who has been paying attention to the recent cryptocurrency craze globally and the growing...
April 2, 2019 | Blogs
Ohio and other states where Frost Brown Todd has offices have long had witness and/or notary require...
April 1, 2019 | Blogs
While the ICO market weathers a frigid crypto winter and awaits further regulatory clarity, many is...
March 4, 2019 | Blogs
The fortunes of those who owe you money can vary over the years. This blog post explores how Ohio ju...
February 27, 2019 | Blogs
The number of tech companies offering alternatives to traditional banks has increased severalfold in...
February 25, 2019 | Blogs
Experienced counsel who regularly litigate for or against federally chartered and regulated financia...
February 12, 2019 | Blogs
Collection lawyers know that sometimes their efforts, including litigation, are temporarily halted. ...
February 10, 2019 | Blogs
A security token offering (STO) is, as its name indicates, a public or private sale of a “security...
February 8, 2019 | Blogs
Frost Brown Todd attorneys Courtney Rogers Perrin and Joshua Lewis join Nick Sciple of the Industry ...
February 1, 2019 | Blogs
The Federal Communications Commission (FCC) recently issued an order approving new rules authorizing...
December 17, 2018 | Blogs
Ohio’s lis pendens statute is maddeningly simple. Ohio Revised Code section 2703.26’s two senten...
December 5, 2018 | Blogs
Good news! The Ohio legislature has offered financial institutions some legal protections in the for...
December 3, 2018 | Blogs
For nearly a decade, participants in the blockchain and cryptocurrency space have operated in a regu...
November 26, 2018 | Blogs
Students in the USA are taught that we have three branches of government; executive, legislative and...
November 21, 2018 | Blogs
A few months ago, I posted a blog article questioning the true economic viability of appellate oppo...
October 22, 2018 | Blogs
A collection of litigator’s communications with the client include receiving and seeking informati...
October 18, 2018 | Blogs
It takes many systems (hardware, software and employee activities) to operate a modern lending insti...
September 12, 2018 | Blogs
As anyone launching an initial coin offering (ICO), token-generation event or whatever else they wan...
September 5, 2018 | Blogs
Consider the common commercial loan collection situation: a business debt collateralized by relative...
August 24, 2018 | Blogs
SAVE THE DATE: August 28, 2018, at 3:00 p.m. EST The growing importance of blockchain businesses, a...
August 9, 2018 | Blogs
On Friday, August 3, Governor Kasich signed Ohio Senate Bill 220, which acknowledges for the first t...
August 1, 2018 | Blogs
A lawyer’s usual task is to help solve the client’s current problem: resolve a dispute; ...
July 6, 2018 | Blogs
Lawyers representing creditors often compete with federal government claims against the same insolve...
June 19, 2018 | Blogs
A federal tax lien arises when the Internal Revenue Service takes administrative action to note in i...
June 6, 2018 | Blogs
A prior blog post analyzed Green Tree Servicing v. Asterino-Starcher, et al., 2018-Ohio-977 (Frankli...
May 30, 2018 | Blogs
Foreclosure cases often proceed without participation or significant defense by the obligor / mortga...
May 14, 2018 | Blogs
Deal lawyers often seek to insure an outcome using multiple approaches simultaneously; this is collo...
May 4, 2018 | Blogs
Internal Revenue Service liens attach to all a taxpayer’s “property and rights to proper...
May 1, 2018 | Blogs
When does a modification to or extension of a commercial loan constitute the act of opening a &ldquo...
April 26, 2018 | Blogs
Ohio Revised Code Section 1336.07 is Ohio’s codification of the “Remedies” section...
April 18, 2018 | Blogs
On April 17, 2018, New York Attorney General Eric T. Schneiderman (the “NY AG”) launched...
April 13, 2018 | Blogs
Guarantor was the spouse of a business owner. Spouse’s business opened a deposit account and a...
April 6, 2018 | Blogs
Defendant is a mother who received the news all parents of teenagers everywhere desire and fear: Con...
April 3, 2018 | Blogs
An Ohio residential loan and mortgage were made and recorded in 2008. After default, a foreclosure c...
March 27, 2018 | Blogs
Many entrepreneurs and existing companies exploring opportunities in the fintech space often experie...
March 14, 2018 | Blogs
The Financial Crimes Enforcement Network (FinCEN) appears to be taking steps to eliminate some of th...
January 10, 2018 | Blogs
SEC issues cease-and-desist order two days into the Munchee ICO, a sign the Commission is inchi...
November 15, 2017 | Blogs
On October 25, 2017, Plaintiff, Andrew Baker filed a proposed class action against Dynamic Ledger So...
October 20, 2017 | Blogs
The Commodity Futures Trade Commission’s (CFTC’s) recent publication of “A CFTC Pr...
October 16, 2017 | Blogs
On October 12, 2017, The West Virginia Supreme Court issued a decision in State of West Virginia ex ...
September 14, 2017 | Blogs
As previously discussed, Bitcoin ATMs are a growing industry, offering consumers great flexibility i...
September 14, 2017 | Blogs
Depending on the state where the Bitcoin ATM operator sets up the business, the operator may – or ...
September 14, 2017 | Blogs
The traditional ATM is a truly ubiquitous part of our culture. Although the first American ATM was n...
September 5, 2017 | Blogs
While recent announcements by Chinese and South Korean regulators may spark companies planning an in...
August 4, 2017 | Blogs
The first states to officially begin regulating blockchain technology and business did so in 2014, w...
July 31, 2017 | Blogs
Lost in the headlines over the SEC’s recent pronouncements on cryptocurrency was important pra...
July 27, 2017 | Blogs
The Financial Crimes Enforcement Network (FinCEN) takes first action against a foreign-located money...
July 26, 2017 | Blogs
Yesterday’s flurry of releases from the U.S. Securities and Exchange Commission leaves open th...
July 6, 2017 | Blogs
This article was originally published on July 7, 2017 in Bitcoin Magazine, a subsidiary of BTC Media...
May 11, 2017 | Blogs
West Virginia Governor Jim Justice has signed two bills (SB 344 and SB 563) into law that make signi...
April 28, 2017 | Blogs
On Wednesday, April 26, the Conference of State Bank Supervisors (the “CSBS”) filed suit...
March 23, 2017 | Blogs
Prepaid cards are increasingly popular—they are frequently used instead of traditional bank accoun...
March 2, 2017 | Blogs
On February 27, 2017, The Financial Crimes Enforcement Network (“FinCEN”) fined Merchant...
February 22, 2017 | Blogs
New Hampshire legislators may exempt people who provide money transfer services for virtual currency...
January 20, 2017 | Blogs
On September 13, 2016, the New York State Department of Financial Services (“NYDFS”) iss...
December 27, 2016 | Blogs
The Office of the Comptroller of the Currency (OCC), a subset of the U.S. Treasury Department, recen...
November 14, 2016 | Blogs
Medieval kings have something in common with cutting-edge software developers forking new applicat...
October 14, 2016 | Blogs
The Consumer Financial Protection Bureau (CFPB) recently issued a final rule, the “Prepaid Rul...
October 13, 2016 | Blogs
It seems like everyone is discussing “blockchain,” but few have taken the time to really...
October 6, 2016 | Blogs
The Supreme Court recently agreed to review a case from the Second Circuit Court of Appeals holdin...
October 6, 2016 | Blogs
Defendants in putative class actions suits filed in federal court attempting recovery for data breac...
May 6, 2016 | Blogs
On May 5, 2016, the CFPB unveiled a proposed arbitration rule which would dramatically limit the con...
April 11, 2016 | Blogs
Tennessee has recently enacted some potentially far reaching changes to its data breach notification...
March 21, 2016 | Blogs
Despite the presence of an arbitration provision in a loan agreement or other document, a lender may...
January 29, 2016 | Blogs
On January 1, 2016, the Uniform Voidable Transactions Act (UVTA) was enacted in Kentucky and can be ...
November 25, 2015 | Blogs
Telemarketers are now prohibited from accepting four methods of payment that the Federal Trade Commi...
November 18, 2015 | Blogs
Two class action lawsuits, Hucke v. Kubra Data Transfer LTD., Corp., No. 2-15-cv-14232-RLR, and &nbs...
August 28, 2015 | Blogs
On July 10, 2015, the Federal Communication Commission (FCC) came out with new rules interpreting th...
July 27, 2015 | Blogs
Community Banks need to be aware of the risks posed by cryptocurrencies like Bitcoin, because their ...
July 22, 2015 | Blogs
After leaving the public, press, regulators, and lenders lingering for six months, the Supreme Court...
July 6, 2015 | Blogs
Regional and community Banks often serve as Issuer Banks by providing credit and debit cards to thei...
June 18, 2015 | Blogs
Much has been written of late about data breaches and the liabilities for the unauthorized acquisiti...
May 19, 2015 | Blogs
Many banks are now evaluating the pros and cons of using the new “.bank” domain. F...
May 11, 2015 | Blogs
Does your company lease point-of-sale (POS) credit card terminals to customers in Tennessee? O...
May 4, 2015 | Blogs
In a relatively unnoticed enactment of the Kentucky General Assembly, KRS § 382.290 a...
March 10, 2015 | Blogs
Following months of negotiations, the three largest national credit reporting agencies agreed to a s...
February 17, 2015 | Blogs
Frost Brown Todd has an active practice of experienced lawyers who regularly counsel clients on all ...
February 12, 2015 | Blogs
As the 2015 tax filing season begins, it is important that individuals and businesses understand the...
February 6, 2015 | Blogs
In State ex rel. U.S. Bank National Association v. McGraw, Frost Brown Todd recently assisted ...
February 2, 2015 | Blogs
IRS Form 1042-S is a tax form for foreign individuals reporting income from a United States based so...
January 28, 2015 | Blogs
Those practicing in the payments space know that recorded judicial decisions are few and far between...
January 21, 2015 | Blogs
On January 13, 2015, the U.S. Supreme Court unanimously decided that a borrower may simply provide w...
January 16, 2015 | Blogs
In an important decision regarding financial institution claims for recovery of losses resulting fro...
January 9, 2015 | Blogs
Towards the end of 2014, two new national savings laws were signed by President Barack Obama. ...
January 22, 2013 | Blogs
Edwina McDunnough decides to open a baby bo...
September 7, 2010 | Blogs
In Hurley v. Deutsche Bank Trust Co. Americas, the plaintiff, an active member of the military serv...
Featured Contributors
Partner
Nashville, TN
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Nashville, TN
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Charleston, WV
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