On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Contractor Portal for federal contractors and subcontractors to certify compliance with their affirmative action plan (AAP) obligations will open on March 31, 2023, with contractors and subcontractors having until June 29, 2023, to submit the required certification. This is the
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Utah Passes Innovative DAO Legislation
By: Rob Lamb
On March 1, 2023, the Utah Legislature passed HB 357, the “Utah Decentralized Autonomous Organizations” Act (the “Utah DAO Act”). This was a combined effort of the Utah Legislature’s Blockchain and Digital Innovation Task Force, under the leadership of, Co-Chairs, Senator Kirk Cullimore and Representative Jordan Teuscher. Why DAOs and…
OFCCP Rescinds Trump-Era Expansion of Religious Exemption to Executive Order 11246
By: Jack BlumOn March 1, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a Final Rule rescinding a prior rule the agency published late in the Trump administration that broadened the scope of Executive Order 11246’s religious exemption. As a result of the new rule, fewer federal contractors or subcontractors will…
Kraken the Whip – Kraken Penalized Over Staking-as-a-Service
By: Daniel L. McAvoy, Stephen A. Rutenberg and Jonathan E. SchmalfeldOn February 9, 2023, the U.S. Securities and Exchange Commission (the “SEC”) charged Kraken with offering and selling Kraken’s Staking Program – its staking-as-a-service product – as an unregistered security. Kraken, more formally known as Payward Ventures Inc. and Payward Trading Ltd is…
Jury Sides with Hermès in Pivotal NFT Trademark Case
By: Laila S. Wolfgram and Hope E. Hughes On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens (NFTs) of METABIRKINS in the metaverse, thereby infringing and diluting Hermès’ BIRKIN mark that is…
“Now Yous Can’t Leave”: SEC Finds Itself in Formidable Fight Over Attempt to Assert Regulatory Domain over Secondary Sales of Digital Assets
By: Jonathan Schmalfeld and Stephen RutenbergIn July of 2022, the United States Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) each alleged insider trading violations against a former Coinbase employee Ishan Wahi (“Ishan”), his brother Nikhil Wahi (“Nikhil”) (collectively the “Wahi Defendants”), and another alleged acquaintance Sameer Ramani (“Sameer”). For background…
Celsius Bankruptcy Case: February 2, 2023
By: Stephen Rutenberg, Jonathan Schmalfeld and Tanya Behnam As Celsius Network LLC, et al., Case Number: 22-10964 (MG), proceeds in the Bankruptcy Court for the Southern District of New York (the “Court”), the highly anticipated examiner report was released on January 31st. Shoba Pillay, a former prosecutor, was appointed by U.S. Bankruptcy Judge…
Blockchain Developers Urge Congress – Be Bold About Data Privacy and Security
By: Matt Todd and Romaine MarshallCrypto is dead or on life support, waiting for regulation to rid it of ‘crypto contagion.’ Meanwhile, blockchain technology – the virtual, public ledger technology that records crypto transactions – is very much alive, as evidenced by emerging applications in the healthcare, transportation, and real estate industries.1Even crypto skeptics…
Celsius Bankruptcy Case: January 13, 2023
By: Stephen Rutenberg and Tanya BehnamCourt rules that Earn Account Cryptocurrency is owned by Debtors and will not be returned In our latest Bitblog update regarding the Celsius Network LLC, et al. (the “Debtors”) bankruptcy proceeding (Case No. Number: 22-10964 (MG), in the Bankruptcy Court for the Southern District of New York (the “Court”)), …
Looting of Local Governments Leads to Cybersecurity Standards for the Water and Wastewater Sector
By: Romaine Marshall and Kurt ErskineLast week classes for elementary schools, high schools and a community college in Boston were canceled due to a cyberattack.1 Last month an Arkansas school district approved a payment of $250,000 to cybercriminals to retrieve stolen data.2 Similar attacks were reported in at least 90 other schools…