Rimon

FinCEN, Tokens and Money Transmission: A Redux

Insight Sam Miller Sam Miller · June 03, 2019
We wrote recently about money transmitters and the state of regulation for token-driven businesses. On May 9th, 2019, the Financial Crimes Enforcement Network (FinCEN) put a number of these questions to rest in its guidance entitled “Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual

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LIBOR Fallbacks- Alternative Reference Rates

Insight Douglas J. Schneller Douglas J. Schneller · Fred Chang Fred Chang · Q. Scott Kaye Q. Scott Kaye · Emma R. Larson Emma R. Larson · Robert Q. Lee Robert Q. Lee · Suzanne L’Hernault Suzanne L’Hernault · Lisa-Marie Monsanto Lisa-Marie Monsanto · Yaacov P. Silberman Yaacov P. Silberman · Patrick Maschio Patrick Maschio · May 20, 2019
LIBOR Fallbacks: What’s Next After LIBOR? At the end of 2021, the London Interbank Offered Rate (“LIBOR”) may cease as a reference interest rate.[1] For years LIBOR has served as the leading baseline reference interest rate for loans and other financial instruments such as floating rate notes. In order to minimize or avoid loan

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Sears Fights with Vendors Whether Goods Were Delivered Prepetition or Postpetition

Insight Douglas J. Schneller Douglas J. Schneller · May 16, 2019
Several foreign suppliers are seeking to compel payment by Sears Holding Corporation and subsidiary debtors (collectively the “Debtors”) for merchandise purchased by the Debtors during, or just before the commencement of, the Debtors’ Chapter 11 bankruptcy cases (the “Case” or “Sears”) pending in the United

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9th Circuit Declines to Dismiss a Marijuana-Related Chapter 11 Case, Affirms Plan Confirmation

Insight Douglas J. Schneller Douglas J. Schneller · May 09, 2019
Does a real estate company’s bankruptcy reorganization plan go up in smoke if a tenant uses the property to grow marijuana? Relying on the plain text of Bankruptcy Code Section 1129(a)(3)[1] and the particular facts and procedural history of the case, the United States Court of Appeals for the Ninth Circuit affirmed confirmation of the

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Sports Authority and Consignments: Lessons for Lenders and Vendors

Insight Douglas J. Schneller Douglas J. Schneller · May 09, 2019
A Delaware bankruptcy court (the “Court”) recently considered conflicting security interest claims of (i) a vendor that manufactured and consigned goods to a merchant that later filed for bankruptcy, and (ii) a secured lender that had a perfected lien on inventory and proceeds. The decision has important lessons relating to

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Notice 2019-07: Safe Harbor Election for Rental Real Estate Enterprises

Insight Susan F. Klein Susan F. Klein · May 02, 2019
The Internal Revenue Service recently issued a Notice providing a safe harbor election under which a rental real estate enterprise will be treated as satisfying the Section 199A deduction trade or business requirement. Click here to read the insight. Susan F. Klein focuses her practice on tax matters relating to private international

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Planning for Longer Lives Should Be a Family Project

Insight Patricia Annino Patricia Annino · April 30, 2019
Rimon’s Trust and Estate Partner, Patricia Annino, contributed her insights to a discussion on how a family prepares for sustained competence for Barrons Magazine. Sustained competence exists when an older, still-capable family patriarch or matriarch chooses not to step asidehow a family prepares for sustained competence. Sustained competence

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Visa & Mastercard Interchange Fees Merchant Class Action Update

Insight Douglas J. Schneller Douglas J. Schneller · John J. Hanley John J. Hanley · Patrick Maschio Patrick Maschio · April 24, 2019
In recent years merchants, regulators, banks and financial institutions, consumers and other parties have been keenly focused on “interchange fees” charged to merchants by issuers of credit or debit cards for any transaction in which the card is used for a purchase. Interchange fees typically consist of a percentage fee, based on the

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Blockchain and Money Transmission: A New Horizon for Token-Driven Startups?

Insight Sam Miller Sam Miller · April 09, 2019
Tokens, security tokens, cryptocurrency, or however you wish to define the digital asset which distributed ledger technology has now allowed us to pull from ether, puts issuers and exchangers of this value within the cross-hairs of both Federal and State money transmitter regulation. The question becomes then whether token-driven blockchain

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Is There any Utility Left in Utility Tokens? The SEC Speaks

Insight Sam Miller Sam Miller · April 08, 2019
Unusually expressive on this topic, the Securities and Exchange Commission released two publications April 3rd, the first its “Framework for ‘Investment Contract’ Analysis of Digital Assets”, and the second a ‘no-action letter’ in favor of TurnKey Jet, Inc. Both were hailed as milestones for the SEC in dealing

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