Careers

Diversity

With 17 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

Offices

About Us

Pages

Professionals

Thought leadership: blogs, podcasts, videos, publications, events and news

Insights

Services

Pro Bono

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Ronald Gaither, Jarvarus Gresham Guest Lecture at Kennesaw State University

Data Counsel

A New Budgetary Line Item for 2025 – New York-based Hospitals Should Plan Now for the Fiscal and Operational Costs Associated with Compliance with the State’s New Cybersecurity Regulations

Los Angeles and Orange County Offices Make LA Times Largest Law Firm Lists – JR Lanis, Phil Eskenazi Touted as “Legal Visionaries”

Carlos Ramos-Mrosovsky, Paul Levine Pen Article for Transatlantic Law Monthly

<img decoding="async" loading="lazy" class="alignright wp-image-6291" src="https://www.theblockchainmonitor.com/wp-content/uploads/sites/24/2021/11/Financial-Firms-Integrate-Crypto-Offerings_p012.jpg" alt="" width="438" height="230" />• <a href="#Traditional">Traditional Financial Firms Integrate Crypto Services, CBDC Reports Published</a>
• <a href="#Congressmen">Congressmen Advocate for Bitcoin Spot ETFs, Australia Issues Crypto ETP Regs</a>
• <a href="#Sports">Sports Franchises and Music Platforms Continue to Embrace NFTs</a>
• <a href="#Government">Government Agencies Argue for Increased Oversight of Cryptocurrency Markets</a>
• <a href="#DOJ">DOJ Charges Cryptocurrency Hacker, Decentralized Exchange Hacked for $139M</a>
<a id="Traditional"></a>Traditional Financial Firms Integrate Crypto Services, CBDC Reports Published
By <a href="https://www.bakerlaw.com/JordanRSilversmith">Jordan R. Silversmith</a>
This week a fintech and e-commerce firm announced the integration of its payment gateway with a major U.S. financial services corporation’s new cryptocurrency processing service. According to the press release, merchants using the payment gateway “can now activate … cryptocurrency transaction processing at any time.” The fintech firm’s CEO noted that “crypto commerce … enables merchants to offer a broad choice of payment options that match customer’s expectations.”
According to reports this week, Australia’s largest bank has begun integrating bitcoin services into its banking app. The bank will reportedly enable its approximately 6.5 million customers to buy, sell and hold Bitcoin beginning next year. The bank’s customer base is believed to represent over 25% of Australia’s total population.
A major U.S. investment banking corporation and a U.S. consulting firm recently released a report discussing how banks can leverage central bank digital currencies (CBDCs) for global corporations. The report suggests that a $120 billion value in cross-border payments can be “unlocked” through a multicurrency central bank digital currency (mCBDC) network that would make round-the-clock and real-time, cross-border, cross-currency payments plausible.
In a related development, this week the Bank for International Settlements (BIS) released a new working paper addressing the potential role for digital money in emerging markets and developing economies. Among other things, the working paper discusses some of the benefits and drawbacks of stablecoin initiatives and CBDCs in emerging market countries and argues that improving the existential financial infrastructure in these economies may address many of the issues private stablecoins and CBDCs aim to address.
For more information, please refer to the following links:
<ul>
<li><a href="https://www.businesswire.com/news/home/20211102005461/en/OLB-Group-Announces-Support-for-Mastercard-Cryptocurrency-Processing">OLB Group Announces Support for Mastercard Cryptocurrency Processing</a></li>
<li><a href="https://bitcoinmagazine.com/business/australia-largest-bank-to-integrate-bitcoin-services-in-app">Australia’s Largest Bank To Integrate Bitcoin Services In App</a></li>
<li><a href="https://www.oliverwyman.com/content/dam/oliver-wyman/v2/publications/2021/nov/unlocking-120-billion-value-in-cross-border-payments.pdf">Unlocking $120 Billion Value In Cross-Border Payments: How banks can leverage central bank digital currencies for corporates</a></li>
<li><a href="https://www.bis.org/publ/work973.pdf">BIS Working Papers No 973: What does digital money mean for emerging market and developing economies?</a></li>
</ul>
<a id="Congressmen"></a>Congressmen Advocate for Bitcoin Spot ETFs, Australia Issues Crypto ETP Regs
By <a href="https://www.bakerlaw.com/JoannaFWasick">Joanna F. Wasick</a>
On Wednesday, two members of the Congressional Blockchain Caucus, Tom Emmer (R-Minn.) and Darren Soto (D-Fla.) wrote to the chair of the Securities and Exchange Commission (SEC) providing reasons why the SEC should approve bitcoin spot exchange traded funds (ETFs), especially in light of the SEC’s recent approval of two bitcoin futures ETFs. First, the letter urges, concerns of fraud and manipulation in bitcoin markets are no different for bitcoin futures ETFs (where the fund holds contracts to trade bitcoin at a future date at a specified price) as compared to spot ETFs (where the fund holds actual bitcoin). Second, spot ETFs are efficient and “strongly preferred” by investors. Third, permitting futures ETFs while denying spot ETFs causes alternative spot bitcoin investment vehicles to emerge, which goes against the SEC’s mission of protecting investors. The letter closes by stating that the congressmen take no position as to whether one type of bitcoin ETF is superior to the other, but that investors should have a choice to invest in a product that they decide is best for them.
Last week, the Australian Securities and Investments Commission (ASIC) issued a new set of regulatory requirements for funds seeking to offer crypto exchange traded products, including ETFS. ASIC also provided new guidance in which it stated that bitcoin and ether likely satisfy all factors that ASIC considers when determining whether an asset is suitable as an underlying asset for an ETP. ASIC also stated that it will not require domestic crypto custody for those entities issuing crypto ETFs, as such a restriction would unfairly limit competition.
For more information, please refer to the following links:
<ul>
<li><a href="https://emmer.house.gov/_cache/files/b/6/b6170d87-c56c-40a3-960a-60a619c02b65/63C9D652A62FF6119A2D0B117D655732.congressional-letter-to-sec-on-bitcoin-etfs.pdf">S. Reps. Tom Emmer (R-Minn.) and Darren Soto (D-Fla.) Letter to SEC Chair Gary Gensler re: Bitcoin ETFs</a></li>
<li><a href="https://cointelegraph.com/news/australian-securities-regulator-issues-guidelines-for-crypto-etps">Australian securities regulator issues guidelines for crypto ETPs</a></li>
</ul>
<a id="Sports"></a>Sports Franchises and Music Platforms Continue to Embrace NFTs
By <a href="https://www.bakerlaw.com/LaurenBass">Lauren Bass</a>
This week an American mixed martial arts (MMA) promotion company has reportedly teamed with a cryptocurrency app to release a collection of nonfungible tokens (NFTs) featuring memorabilia from the MMA universe. According to press releases, purchasers of the NFTs will also be entered into a sweepstakes to win exclusive MMA-centric prizes.
In other sports news, a Spanish soccer team is reportedly planning to offer an NFT collection featuring photos and videos from the team’s centurylong history. According to reports, the tokens will be available for auction later this month on an Ethereum-based blockchain.
Relatedly, an international cricket organization has reportedly partnered with a tech startup to create a virtual metaverse dedicated to the sport. According to press releases, the digital world, based on the Flow blockchain, will include unique NFTs, marquee activations, and immersive experiences featuring historical and iconic moments from the game.
In another recent development, last week a digital platform specializing in tokenized music assets reportedly teamed with a Japanese technology company to develop NFT- and blockchain-based services for musicians. According to reports, the new partnership aims to use blockchain technology to “reshap[e] the music industry.”
For more information, please refer to the following links:
<ul>
<li><a href="https://blog.crypto.com/ufc-268-nft-drop/">UFC Drops Its Inaugural NFT Collection With Crypto.com</a></li>
<li><a href="https://www.coindesk.com/business/2021/11/04/fc-barcelona-joins-nft-rush-with-moments-from-122-years-of-history/">FC Barcelona Joins NFT Rush With Moments From 122 Years of History</a></li>
<li><a href="https://www.musicbusinessworldwide.com/another-big-crypto-deal-in-music-as-opulous-inks-nft-partnership-with-japanese-giant-line/">ANOTHER BIG CRYPTO DEAL IN MUSIC, AS OPULOUS INKS NFT PARTNERSHIP WITH JAPANESE GIANT LINE</a></li>
<li><a href="https://www.icc-cricket.com/media-releases/2327697">The ICC partners with Faze Technologies to create exclusive digital collectibles</a></li>
</ul>
<a id="Government"></a>Government Agencies Argue for Increased Oversight of Cryptocurrency Markets
By <a href="https://www.bakerlaw.com/KeithRMurphy">Keith R. Murphy</a>
This week the President’s Working Group on Financial Markets released an interagency report on stablecoins, according to a press release. The release and corresponding report suggest that based on risks associated with increased use of stablecoins as payment, Congress should promptly enact legislation to provide a comprehensive regulatory framework and means to address risk concerning payment stablecoins and stablecoin arrangements. Secretary of the Treasury Janet L. Yellen is quoted as saying, “Stablecoins that are well-designed and subject to appropriate oversight have the potential to support beneficial payments options. But the absence of appropriate oversight presents risks to users and the broader system.” Secretary Yellen further noted that current oversight is fragmented, allowing some stablecoins to fall beyond the regulatory perimeter.
In a speech this week, Michael Hsu, acting chief of the Office of the Comptroller of the Currency (OCC), suggested that large cryptocurrency firms seeking to provide multiple financial services should “embrace comprehensive, consolidated supervision” similar to banks, according to a report. Hsu noted that, currently, cryptocurrency firms are only partially and selectively regulated, resulting in risks and competitive inequalities, among other concerns. Following his arrival at the OCC, Hsu reportedly commenced a broad policy review of the OCC’s positions, including with respect to nontraditional bank charter applications and cryptocurrency-related guidance, the results of which he said are to be communicated shortly.
For more information, please refer to the following links:
<ul>
<li><a href="https://home.treasury.gov/news/press-releases/jy0454">President’s Working Group on Financial Markets Releases Report and Recommendations on Stablecoins</a></li>
<li><a href="https://home.treasury.gov/system/files/136/StableCoinReport_Nov1_508.pdf">President’s Working Group on Financial Markets, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency Report on Stablecoins</a></li>
<li><a href="https://www.law360.com/fintech/articles/1437407/occ-s-hsu-backs-bank-like-oversight-for-larger-crypto-cos-?nl_pk=d839899d-0537-414a-b7cc-d6d00bb8e8ff&utm_source=newsletter&utm_medium=email&utm_campaign=fintech">OCC’s Hsu Backs Bank-Like Oversight For Larger Crypto Cos.</a></li>
<li><a href="https://www.crowdfundinsider.com/wp-content/uploads/2021/11/Michael-Hsu-OCC-11.3.21.pdf">Acting Comptroller Michael J. Hsu Remarks before the American Fintech Council Fintech Policy Summit 2021, November 3, 2021, “Leveling Up Banking and Finance”</a></li>
</ul>
<a id="DOJ"></a>DOJ Charges Cryptocurrency Hacker, Decentralized Exchange Hacked for $139M
By <a href="https://www.bakerlaw.com/ElyssaSKates">Elyssa S. Kates</a>
This week, the United States Attorney’s Office for the Southern District of New York announced the unsealing of an indictment charging U.K. citizen Joseph “Plugwalk Joe” O’Connor with conspiracy to commit computer hacking, conspiracy to commit money laundering, conspiracy to commit wire fraud and aggravated identity theft. According to a press release, from approximately March 2019 to May 2019, Mr. O’Connor and his co-conspirators engaged in a SIM-swapping scheme through which they committed cyber intrusions and stole approximately $784,000 worth of cryptocurrency. According to the press release, Mr. O’Connor and his co-conspirators are alleged to have committed a cyberattack against a New York-based cryptocurrency company that provided wallet infrastructure and related software to its clients, and then allegedly stole, fraudulently diverted and laundered Bitcoin Cash, ether, bitcoin and Litecoin. Mr. O’Connor was previously charged with other crimes in connection with his alleged role in the hack of a major U.S. social media network. The United States is currently seeking Mr. O’Connor’s extradition from Spain.
In other news, according to reports, decentralized cross-chain exchange Boy X Highspeed (BXH) was hacked early this week, resulting in losses totaling $139 million in various cryptocurrencies. The CEO of the exchange reportedly said the hack was probably the result of a leaked administrator key and possibly an inside job.
For more information, please refer to the following links:
<ul>
<li><a href="https://www.justice.gov/usao-sdny/pr/us-attorney-announces-indictment-charging-uk-citizen-conspiracy-commit-computer">US. Attorney Announces Indictment Charging U.K. Citizen With Conspiracy To Commit Computer Intrusions And Other Offenses</a></li>
<li><a href="https://www.coindesk.com/tech/2021/11/01/139m-bxh-exchange-hack-was-the-result-of-leaked-admin-key/">$139M BXH Exchange Hack Was the Result of Leaked Admin Key</a></li>
</ul>

core/freeform

Blockchain Monitor

New York

Partner

Keith R. Murphy

Counsel

Elyssa S. Kates

Joanna F. Wasick

Associate

Lauren Bass

Chicago

Robert A. Musiala Jr.

Digital Assets and Data Management

Financial Firms Integrate Crypto Offerings; Congressmen Address Bitcoin ETFs; NFT Boom Continues; Agencies Seek Crypto Oversight; Crypto Hacker Indicted

Related Services

Featured Insights