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This weekly digest from Lowenstein Crypto examines critical regulatory developments shaping the digital asset landscape, including the OCC's findings on banking restrictions for crypto businesses, the EU's classification of USDC as a significant e-money token, Australia's proposed standards for crypto exchanges, and the FSB's concerns about cross-border stablecoin oversight. The report highlights how regulatory frameworks are evolving to address operational challenges while balancing innovation and financia

Another significant ruling from the Fifth Circuit is reshaping how courts view plan confirmation and creditor treatment in Chapter 11.

Delaware has become the sixth state to adopt the Uniform Assignment for Benefit of Creditors Act, creating a more streamlined framework for distressed companies. This new legislation offers an alternative to Chapter 11 bankruptcy for Delaware-organized companies lacking liquidity, featuring assignee independence, structured claims administration, and Court of Chancery oversight. The Act's implications are significant given that over 60% of publicly traded U.S. companies are organized in Delaware.

Bankruptcy & Restructuring Department Vice Chair David M. Posner and partner Gianfranco Finizio explore a notable opinion issued by Judge Kenney in the Enviva Chapter 11 case, addressing the rare occurrence.

While the exact magnitude of financial distress costs varies depending on the company's specific circumstances, there is no question that Chapter 11 devalues a company, absent extraordinary circumstances.

Eric Jesse, partner in Lowenstein Sandler's Insurance Recovery Group, provides a sneak peek at Lowenstein's soon-to-be-released report on the reps and warranties market.

ChatGPT, an Artificial Intelligence (AI) chatbot created by OpenAI, has taken the legal world by storm since it first launched in November 2022.

Claim disputes with insurers often turn on events occurring long before the loss itself. Insurers frequently deny coverage where they suspect that an insured may have had prior knowledge...

Eric Jesse, partner in Lowenstein Sandler's Insurance Recovery Group, highlights that insurers increasingly use the "bump-up" or inadequate consideration exclusion in D&O insurance...

Bryan Sterba addresses a variety of legal challenges that arise in the context of generative AI.

The Commerce Department issued new guidance for financial institutions on best practices for compliance with the Export Administration Regulations (EAR).

On June 20, the Department of Commerce's Bureau of Industry and Security (BIS) for the first time banned a software and cybersecurity company using authority ...

On June 3, 2024, a divided U.S. Court of Appeals for the Eleventh Circuit issued a decision in American Alliance for Equal Rights v. Fearless Fund Management...

On Jan. 1, the Corporate Transparency Act (CTA) went into effect, premised on the belief that illicit actors use corporate structures like shell companies and fronts to hide their identities...

On July 4, President Donald Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (OBBBA). While OBBBA contains various provisions that impact high-net-worth individuals, this alert focuses on OBBBA provisions...

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms.

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms.

As AI tools proliferate, companies are confronting new risks around data protection, advertising models, and copyright exposure.