Robert A Schwinger

March 08, 2021 | New York Law Journal

Recent U.S. enforcement activity illustrates how the government is taking strong action against persons involved with misuses of cryptocurrency in order to meet this threat and deter others.

By Robert A. Schwinger

13 minute read

January 15, 2021 | New York Law Journal

In his Blockchain Law column, Robert A. Schwinger discusses a new DOJ report which outlines the various uses of cryptocurrency, the various channels through which the DOJ will take enforcement action in regard to cryptocurrency, and the public safety challenges relating to enforcement against the illicit uses of cryptocurrency. The DOJ is sending a clear message that it will not hold back on enforcing the laws as they currently are written, and that it is well within DOJ's power to regulate criminal activity even where it involves a novel and developing area like cryptocurrency.

By Robert A. Schwinger

11 minute read

November 23, 2020 | New York Law Journal

In both 'BDI Capital' and 'Archer', the courts were not persuaded by arguments that exchanges have an obligation to provide their users access to new forked currencies on their platforms.

By Robert A. Schwinger

13 minute read

September 28, 2020 | New York Law Journal

In his column on Blockchain Law, Robert A. Schwinger explains how some states have begun to consider whether legal ethics rules impose any restrictions or limitations on attorneys' ability to to take payment in the form of cryptocurrency, or to hold such assets in escrow or trust.

By Robert A. Schwinger

12 minute read

July 27, 2020 | New York Law Journal

In his Blockchain Law column, Robert Schwinger discusses the appeal of using cryptocurrencies like Bitcoin and its perception that they may offer greater privacy protections for financial transactions. But a recent federal appellate ruling in a Fourth Amendment case suggests this perception may not align with current legal reality.

By Robert A. Schwinger

10 minute read

May 22, 2020 | New York Law Journal

How and when can a cryptocurrency or token offering transform from a security into a commodity or something else that is not subject to the securities laws? In his Blockchain Law column, Robert Schwinger discusses one approach that some issuers have tried in order to avoid or minimize having to face securities law requirements: "simple agreements for future tokens" or SAFTs.

By Robert A. Schwinger

19 minute read

March 16, 2020 | New York Law Journal

While the path to the destination is not always simple, legal systems are becoming more comfortable with treating digital assets as property and "smart contracts" as legally enforceable. In this edition of his Blockchain Law column, Robert A. Schwinger discusses recent illustrative developments.

By Robert A. Schwinger

19 minute read

January 13, 2020 | New York Law Journal

Federal legislators, regulators and enforcers have been making enforcement pronouncements and new proposals to try to keep up with the social, economic, political and legal issues posed by the issuance, use and trading of digital assets built on blockchain technologies. In this edition of his Blockchain Law column, Robert A. Schwinger describes some of the recent developments.

By Robert A. Schwinger

16 minute read

November 19, 2019 | New York Law Journal

In his Blockchain Law column, Robert Schwinger discusses two recent California federal court rulings—'Terpin v. AT&T' and 'Fabian v. LeMahieu'—which indicate that the ability of negligence claims involving cryptocurrency thefts to survive dismissal at the pleading stage will turn on the plaintiff's ability to adequately plead the elements of a negligence claim: duty, breach, causation and damages.

By Robert A. Schwinger

12 minute read

September 23, 2019 | New York Law Journal

Some issuers may view being able to offer assurances that their cryptocurrencies are "backed" by something more solid and conventional as being a valuable and effective marketing technique. However, using this seemingly simple word may possibly open up a host of legal questions. In his Blockchain Law column, Robert A. Schwinger explores the issues.

By Robert A. Schwinger

10 minute read