By: Stephen Rutenberg and Michael DiPietroStephen Rutenberg and Michael DiPietro, real estate finance attorneys in the firm’s Miami and Wilmington offices, discuss the collapse of major crypto companies like Voyager, Celsius, 3AC, BlockFi, and FTX in 2022, revealing their involvement in crypto asset investments and loans.Read more about the recent crypto insolvencies.
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Polsinelli Partners with Wall Street Blockchain Alliance to Host the Crypto Investors Summit
Polsinelli is partnering with the Wall Street Blockchain Alliance for an engaging series of panels and discussions exploring the ever-evolving realm of cryptoassets and their profound influence on the global financial landscape. The Crypto Investors Summit will take place in person on October 23, 2023, at the Players Club in New York. Polsinelli Fintech and…
Voting in the Celsius Bankruptcy Case
By: Stephen Rutenberg and Michael DiPietroAs we have been discussing in prior updates, the bankruptcy case of Celsius Network LLC is reaching an important milestone as most creditors now have the ability to vote on the Plan of Reorganization proposed by the Debtors (the “Plan”). Assuming that the Plan is approved, which we are…
Federal Appeals Court Reaffirms That Syndicated Loans Are Not Securities
By: Stephen Rutenberg, Jeanne Solomon and Fiammetta PiazzaThe $1.4-trillion leveraged loan market1 yet again breathed an immense sigh of relief on August 24, 2023, with the United States Court of Appeals for the Second Circuit’s unanimous affirmation2 of the Southern District of New York’s 2020 Kirschner v. JPMorgan Chase Bank, N.A.…
Celsius Debtors Obtain Approval to Solicit Votes on Disclosure Statement for Joint Plan of Reorganization
By: Stephen Rutenberg and Michael DiPietroIn a major step forward for the reorganization of Celsius Network LLC and its affiliated debtors (the “Debtors”), the United States Bankruptcy Court for the Southern District of New York approved the adequacy of the Debtors’ fourth amended disclosure statement and the solicitation and voting procedures for their joint…
Celsius Bankruptcy: With the Filing of the Disclosure Statement, is the end in sight for this Marathon of Uncertainty
By: Stephen Rutenberg, Michael DiPietro and Shreyas Kafle, Summer AssociateIntroductionAfter multiple delays, on June 27th, Celsius Network, LLC and certain of its affiliates as debtors and debtors in possession (collectively, the “Debtors” the “Company” or “Celsius”) filed a disclosure statement to provide creditors and other parties in interest with information regarding the Debtors’ Joint…
Will There Be a Ripple Effect? Federal Judge Rules Some Sales of XRP Were Not Securities Transactions
By: Daniel McAvoy, Adam Garcia, Stephen Rutenberg, Jonathan Schmalfeld and Ashleigh Bickford, Summer Associate The long battle between the U.S. Securities and Exchange Commission (“SEC”) and Ripple reached a partial resolution with the Court ruling the digital asset at issue (“XRP”) is not itself a security and certain sales of the asset…
Corporate Transparency Act Compliance For DAOs Is Unclear
By: Jeanne Solomon and William QuickThe application of the Corporate Transparency Act to decentralized autonomous organizations raises novel legal issues.DAOs are a relatively new type of business association that lack statutory governance and liability protections for participants because they have not been formed as traditional legal entities.As a result of legislative enactments seeking to…
Blockchain+ Bi-Weekly
By: Jonathan SchmalfeldHighlights of the Last Two Weeks in Blockchain+The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart contracts, and US law. The past two weeks have seen…
Proposed Digital Asset Market Structure Bill Could Give Regulatory Clarity; But is it the Regulatory Clarity the Industry Wants?
The Digital Asset Market Structure “(DAMS”) discussion draft bill attempts to provide regulatory clarity on crucial blockchain industry issues. These issues include when a blockchain is legally considered decentralized, the relationships between the differing administrative agencies responsible for overseeing the industry, and a realistic path for legally compliant blockchain development and token sales in the…