You may have heard this before: As cannabis remains a Schedule I drug under the federal Controlled Substances Act ("CSA"), cannabis companies cannot seek bankruptcy relief under federal law. Not so fast. Access to bankruptcy can be highly fact-dependent.
When the history books are written, it may be said that the biggest event to shake the crypto world was not the crypto bankruptcies of 2022, but rather, the clawback of billions of dollars in crypto value in those bankruptcies. Since summer 2022, five major crypto companies have filed bankruptcy: a hedge fund (Three Arrows Capital), two lenders (Celsius and BlockFi), a broker (Voyager), and an...
Joseph Cioffi was quoted in a MarketWatch article, "Why Worries Over Subprime Auto Bonds Might Be Only Getting Started."
As we learn more about FTX’s operations, speculation is slowly giving way to certainty. It’s clear FTX’s collapse will have a deep impact on the future of regulations, its bankruptcy will help create the blueprint for clawbacks in the crypto space, and potential tensions between the trustee and foreign liquidators could forge new jurisdictional law.
Joseph Cioffi was quoted in a Bloomberg Law article, "Madoff, MF Global Offer Guidance as FTX Faces CFTC in Bankruptcy."
Joseph Cioffi participated in a panel in which cannabis-related businesses learned what they could do to maximize their opportunities to obtain financing in a challenging market, while managing the operational and legal risks that matter most to capital providers.
The course of regulatory reform in the U.S. related to digital assets is likely about to change as a result of the allegations against Sam Bankman-Fried and FTX affiliated entities in bankruptcy. Prior to FTX’s bankruptcy, and with Bankman’s support, the industry was gaining traction in promoting its own views regarding needed safeguards, including oversight and enforcement by the Commodity...