For too long, the digital asset industry has been sitting ducks. This does not have to be the case. In a new blog post, DEF Legal Intern Jonathan Obeda explores what a pre-enforcement challenge (PEC) is, its history, and how the digital asset industry can use PECs as a "vehicle for change." https://lnkd.in/dt9kuSQY
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Excellent discussion on "Chevron doctrine" (Loper Bright Enterprises v. Raimondo) from the Bankless podcast and gives some great historical context to not only the APA, but some of the reasons Chevron developed in the way that it did and is now being reversed. And of course, what this means for digital assets. https://lnkd.in/gvVkcQCn There's an excerpt from the majority opinion, which I find particularly insightful: "Neither Chevron nor any subsequent decision of the Court attempted to reconcile its framework with the APA...It requires a court to ignore, not follow, 'the reading the court would have reached' had it exercised its independent judgment as required by the APA...it demands that courts mechanically afford binding deference to agency interpretations, including those that have been inconsistent over time and even when a pre-existing judicial precedent holds that an ambiguous statute means something else...That regime is the antithesis of the time honored approach the APA prescribes. ...Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do. The Framers anticipated that courts would often confront statutory ambiguities and expected that courts would resolve them by exercising independent legal judgment. Chevron gravely erred in concluding that the inquiry is fundamentally different just because an administrative interpretation is in play. The very point of the traditional tools of statutory construction is to resolve statutory ambiguities. That is no less true when the ambiguity is about the scope of an agency’s own power—perhaps the occasion on which abdication in favor of the agency is least appropriate." https://lnkd.in/gmPwKfpU
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It’s been an action-packed month for Liquid Collective, with a fee reduction, improved slashing coverage, technical development, industry-leading regulatory insights, and a fresh look for liquid staking summer. Catch up with Update #014: https://lnkd.in/eistJWks
Newsletter 014
liquidcollective.io
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Knowing what and when to file can be confusing at best and get you in some serious trouble at worst. Agile Legal can help you make sure your registration filing is done properly and on time. Read more about the Impact Theory case on the SEC's website: https://bit.ly/44vmZr4
Impact Theory, LLC
sec.gov
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Discover legal strategies for recovering lost digital assets with our CEO, Marcin Zarakowski, and Roman Bieda, Head of Investigations, along with other industry experts. Catch the virtual session at 4:15 PM BST. Watch it here: https://bit.ly/4dQ3AXC #LDNBlockchain24
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Curve Finance makes a significant shift from 3crv to crvUSD for fee distribution, enhancing stablecoin utility and ecosystem integration. Stay updated with the latest developments in the exciting world of decentralized finance! #CurveFinance #CRV #DeFi
News Summaries – CheekyCrypto
cheekycrypto.io
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This aims to provide clarity and conciseness to nodes and other interested parties regarding the new rules and their implications. #BSV #BSVblockchain https://lnkd.in/gVYMbnMm
Frequently Asked Questions
nar.bsvblockchain.org
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Exciting news from Lido Finance, the top liquid staking protocol! With over 28.5% of staked Ether, they hit 1M validators. A game-changer in DeFi, making staking accessible to all. 🚀 #LidoFinance #DeFi #LiquidStaking
News Summaries – CheekyCrypto
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1. U.S. SEC's Wells notice to Uniswap sparks debate on policy consistency. 2. Cinneamhain Ventures' Adam Cochran questions SEC's actions on Uniswap. 3. SEC's history of No-Action Letters on electronic trade matching scrutinized in Uniswap case. 4. Legal analysis raises concerns on SEC's definition of an exchange in Uniswap saga.
News Summaries – CheekyCrypto
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Discover Ether futures ETFs, a gateway to Ethereum's potential within regulatory boundaries. These investment funds track Ethereum futures contracts, not the asset directly. Trade ETH futures contracts through regulated ETFs for simplified Ethereum investments. #Ether #ETFs #Ethereum #Investing 🚀
News Summaries – CheekyCrypto
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At Digital Assets Connection 2023, Pastore LLC representatives discussed with other attendees the difficulties that arise from ambiguous or insufficient regulations, the importance of making a good faith effort to comply, and projections for the future of public policy in the industry. As a firm that applies a long history of practice in traditional finance to the realm of decentralized financial platforms, Pastore LLC can advise clients on best practices for compliance with regulations related to digital assets. Discover more at: https://bit.ly/42NEstR
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