Understanding developments in the Digital Assets and Blockchain sector


The digital assets, blockchain and crypto asset market continues to evolve, creating opportunities for businesses to harness these technologies and to redefine their future strategies. While some organizations are looking to establish a foothold in the trading of crypto assets, others are positioning themselves to operate platforms that facilitate the buying, selling and holding of these assets.

With these opportunities come risks, primarily in the form of regulatory compliance, company or systems failures, and cyberattacks. Regulators are taking a closer look at how best to protect consumers with their digital asset investments. Like traditional investments, market volatility is something investors need to consider when directing funds towards this asset class.

Osler’s team of experts can provide guidance to our clients in navigating the legal and regulatory issues that crypto companies face as the digital asset landscape evolves. The team has extensive experience working with both startups and institutional clients and the different regulatory regimes in the digital asset and blockchain sectors. Osler’s expertise covers cryptocurrency trading and investing, regulation of virtual currency dealers and crypto asset trading platforms, tokenized business models, cryptocurrency derivatives and related financial instruments, deployment of blockchain technology, and enforcement investigations and proceedings and litigation.

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IOSCO unveils consultation report on global crypto regulation

June 2, 2023

The International Organization of Securities Commission (IOSCO) has published a consultation report relating to the cross-border purchase and sale of digital assets. The Report aims to address what IOSCO considers to be market integrity and investor protection concerns arising from crypto-asset activities. Read the blog

On the road to greater regulatory clarity: The CSA provides further guidance on its expectations for crypto asset platforms and the trading of stablecoins in Canada

February 24, 2023

The Canadian Securities Administrators has introduced new Pre-Registration Undertakings that will apply to crypto asset trading platforms awaiting registration under securities legislation. This provides greater clarity as to the expectations of Canadian capital markets regulators in the digital asset space. Read the blog

SEC continues enforcement campaign against crypto market participants

January 19, 2023

The Securities and Exchange Commission has filed a complaint against Genesis Global Capital, LLC and Gemini Trust Company, LLC for allegedly engaging in the unregistered offering and sales of securities. This step is consistent with enforcement proceedings brought by the SEC against crypto market participants generally and centralized crypto asset lenders in particular. Read the blog

Canadian Securities Administrators to expand regulatory requirements for crypto trading platforms

December 16, 2022

The Canadian Securities Administrators (CSA) announced they would strengthen their approach to crypto regulation by expanding requirements imposed on crypto trading platforms operating in Canada. The announcement comes shortly after the CSA issued a warning to Canadian investors about what it said were the elevated risks of investing in digital assets. Read the blog

Canadian securities regulators issue warning about crypto trading

November 22, 2022

In their blog, Lawrence Ritchie, Matt Burgoyne, Simon Cameron and Jesse Cohen discuss the statement issued by the Canadian Securities Administrators regarding the elevated risks of trading crypto assets. Read the blog

New crypto guidance for federally regulated entities

November 18, 2022

A joint statement was released to federally regulated entities engaging in crypto-asset activities or crypto-related services reinforcing “the expectation that […] federally regulated entities adhere to all applicable current regulatory requirements and any guidance when carrying out any crypto-related services or engaging in crypto-asset activities.” Learn more in this blog

When games become gambles – criminal law implications of ‘pay to earn’ NFT games

October 20, 2022

The possible criminal implications of ‘pay to earn’ non-fungible tokens are explored by Matt Burgoyne, Eric Levy, Jacqueline Code and Jesse Cohen in an Update. Read the Update

Laure Fouin and Matthew Burgoyne combine expertise for crypto clients in Canada

August 24, 2022

In this Q&A, Osler’s Co-Chairs of the Digital Assets and Blockchain Group talk about regulatory developments and the challenges and opportunities that lie ahead in the digital asset space. Read the Q&A

Crypto bankruptcies and how Canada’s regulatory regime can help protect Canadian investors

August 23, 2022

In this video, Laure Fouin, Osler’s Co-Chair, Digital Assets and Blockchain Group, discusses recent market developments and the steps investors can take to mitigate their risks. Watch now

Canadian crypto update - undertakings required for crypto asset platforms seeking registration in Canada

August 22, 2022

The Canadian Securities Administrators have announced that crypto asset trading platforms seeking to continue offering services prior to becoming registered must provide a public Undertaking to their principal regulator. The two Undertakings published to date are extensive in scope and require adherence to numerous terms and conditions. Read more about these Undertakings

The chilling effect of crypto winter on directors and officers

August 5, 2022

The personal liability of directors and officers who steward digital asset companies must be considered when these companies are faced with insolvency. While they are generally protected against personal liability, there are important exceptions. Learn more about these exceptions.

Canadian crypto update – Ontario enforcement up, regulatory stance hardens

July 5, 2022

The Canadian Securities Administrators have made considerable progress in standardizing a regulatory framework for crypto asset trading platforms. Given the recent volatility and events in the digital asset markets, the relative certainty afforded by this framework may provide welcome stability for crypto asset businesses seeking registration. Read more about recent registration and enforcement decisions