Blockchain & Smart Contracts – Page 10 – FinTech and Blockchain Law Watch

Blockchain–powered contract management and outsourcing

Sep 28 2016

Add outsourcing services to the long list of industries that face disruption directly attributable to blockchain, which list already includes financial services, supply chains, IoT, risk management, digital rights management and healthcare. It is well-known that blockchain technology, that is, technology enabling distributed ledgers with continuously maintained and verified blocks of records, promises huge savings and disruption in the financial services industry. IBM has now partnered with the Bank of Tokyo-Mitsubishi UFJ (BTMU) to apply blockchain technology to the design, management and execution of contracts between businesses. IBM and BTMU are piloting a blockchain project to test its usefulness in automating business transactions for which one party has contracted with the other to provide goods or services. Initially, the technology will be used to monitor delivery and usage of equipment with a sensor that embeds information into the blockchain. The information will then automate invoicing and payment processes between the two companies.

Of especial interest to outsourcing lawyers is the announcement that IBM and BTMU will develop smart contracts on a blockchain to improve the efficiency and accountability of service level agreements in multi-party business interactions. It appears the technology is intended to be used in the increasingly common and complex environment of multi-party, multi-vendor services. Lawyers can expect to see more robust service level agreements with service providers within that complex environment, certainly in terms of accountability. However, it remains true that service levels are only as valuable as the relevancy of what is being measured. And that is still a decision that, for now, requires human input.

Goldman Accelerates FinTech Disintermediation

Sep 09 2016

By Susan Altman

Goldman Sachs, in a dramatic sign of the times, has recently started giving its clients for free the very software tools that made Goldman a global trading powerhouse, per the Wall Street Journal. A decade ago, Goldman considered licensing the software to rival Deutsche Bank and threw around licensing values in the billions of dollars. Now it’s free, at least for customers. The software, known as Securities DataBase, or SecDB, remains Goldman’s prime tool for measuring securities risk and analyzing their prices and is used to analyze potential trades. Why the change? Some experts point the finger at new regulations limiting the banks’ trading risks and making it costly to hold large inventories of stocks and bonds on their books. In addition, electronic trading and research has squeezed margins across the financial industry. In an effort to build its customer base, Goldman plans to make the web-based application available to customers who can then customize and operate the tools on their own. Goldman joins many others in offering its own risk-management system to customers, including startups and big players like BlackRock. It seems like every Fin is now a Tech as well.

The politicization of encryption: party “platforms” or “platitudes”?

Sep 01 2016

By Tyler Kirk

In the United States, the political stage is set for what may turn out to be one of the most infamous presidential elections in America’s history. As noted in an earlier blog post, the regulation of encryption by U.S. legislators and regulatory agencies may have a damaging impact on FinTech, and in particular, on the adoption of blockchain and other distributed ledger technologies. In this post, we look at the relevant Party Platforms to learn what, if anything, they say about encryption.

Digital Cash Settlement Systems Advance

Aug 26 2016

By Susan Altman

Four important players have just added their heft to efforts of Swiss bank UBS to develop a system to enable financial markets to make payments and settle transactions quicker and at lower cost using blockchain technology reports Reuters. Swiss bank UBS launched a “Utility Settlement Coin” (USC) as a digital cash equivalent of each of the major currencies backed by central banks last year. Although the USC concept lacks a snappy name like bitcoin, the USC is fully backed by cash assets at a central bank, the lack of that backing being the major weakness of the decentralized bitcoin currency. UBS and its technology platform provider, Clearmatics Technologies, have now been joined by BNY Mellon, Deutsche Bank, Santander and markets operator ICAP in further developing the potential of the USC. The USC initiative is an opportunity for industry thought leaders to explore the possibilities of the digital cash technology through a series of short iterative phases and platform deployments increasing the number of market participants, broadening engagement, connectivity and network effect, according to ICAP. The group intends to have active dialogue with central banks and regulators to ensure a robust and efficient regulatory structure within which the USC can be deployed. The participants expect that the USC will unlock the benefits of distributive technology to the financial industry and ultimately, to customers, including by lowering costs and increasing transaction security.

K&L Gates Adds Leading FinTech Partners

Jul 28 2016

Global law firm K&L Gates welcomes Judith Rinearson and Linda C. Odom as partners in the firm’s FinTech and Consumer Financial Services practices. Rinearson joins K&L Gates’ New York and London offices, and Odom, joins the Washington, D.C. office. “Judie Rinearson and Linda Odom are highly respected authorities in numerous key regulatory and commercial areas within the FinTech ecosystem,” stated Robert Zinn, co-leader of K&L Gates’ global corporate and transactional practice area as well as of the firm’s market-leading global FinTech practice.

To read our full press release please click here.

DLT for the OTC

Jul 07 2016

By Tyler Kirk

On June 21, 2016, some of Europe’s largest financial institutions announced they had entered into a memorandum of understanding (“MOU”) under which they would work together to develop a blockchain-based settlement procedure for over the counter (“OTC”) transactions. According to the MOU, several European legislators are concerned that small and medium-sized enterprises (“SMEs”) do not have adequate access to capital. The MOU seeks to solve such concerns by bringing together European exchanges and investment banks under a common mandate to reduce the cost for SMEs raising capital in the OTC market. Blockchain may be the solution they are looking for.

Generally, blockchain is a decentralized digital ledger, and its creation established a new class of digital ledgers called, distributed ledger technology (“DLT”). Unlike current financial settlement systems, DLTs are more efficient because all transactions are mathematically provable and do not require a multi-day verification process. DLT protocols use encryption combined with distributed copies of the ledger to replace the need for a third-party to serve as the ledger’s custodian. In short, DLTs create an immutable record of the truth arrived at through distributed consensus.

Increasing investment in blockchain initiatives

Jul 07 2016

By Jim Bulling

Over US$1B is likely to be collectively spent on bringing blockchain technology to capital markets in 2016, according to a recent survey of 134 global market participants. Of the businesses with bitcoin projects, 32% have an annual budget in excess of US$5 million, and 47% top US$2 million. This significant level of investment has been motivated by the various advantages presented by bitcoin technology and its potential to revolutionise global capital markets. Indeed, a majority of businesses surveyed predicted blockchain would create ‘meaningful change’ in capital markets within five years. Furthermore, the survey participants were mostly unconvinced that legal regulation would significantly impede blockchain adoption. As such, the nascent interest in blockchain use in capital markets seems likely to continue.

Public financial institutions are also getting involved. At a recent international summit of international bankers, the US Chairperson encouraged attendees to educate themselves on blockchain. In Canada, the central bank is working alongside private banks and R3 (a blockchain company). They are trialling a digital currency (Cad-Coin) and allowing limited participants to engage in interbank payments with blockchain technology. The Bank of England is also looking into possible applications of the technology, with the deputy governor raising the possible consequences of a digital pound in a recent speech.

Blockchain… A Threat to Safety, Soundness & Resiliency?

Jul 04 2016

By Tyler Kirk

On June 21, 2016, the U.S. Financial Stability Oversight counsel (“FSOC”) released its 2016 annual report. The purpose of the annual report is to summarize the FSOC’s current views on the U.S. financial system according to its mission to: (1) identify risks; (2) promote market discipline; and (3) respond to emerging threats. Notably, the 2016 report identified the use of blockchain as an emerging business practice requiring vigilant monitoring by financial regulators.

Since its establishment in 2010, the FSOC has issued six annual reports. This is the first time FinTech issues such as the blockchain have been identified as a potential risk to U.S. financial market stability. The FSOC noted that the use of blockchain protocols by financial institutions could positively impact the U.S. financial system by introducing efficiencies and reducing costs. However, according to the FSOC, “Market participants have limited experience working with distributed ledger systems, and it is possible that operational vulnerabilities associated with such systems may not become apparent until they are deployed at scale.”

Further, the FSOC cautioned that a “considerable degree of coordination among regulators” may be required given the distributed nature of blockchain networks. Noting that the U.S. financial system is constantly evolving, Treasury Secretary Jacob Lew advocated for regulators to remain vigilant in order to maintain the safety, soundness and resiliency of the U.S. financial system. Yet, beyond vigilance, the FSOC did not recommend any specific action on blockchain by regulators, preserving the current hands-off approach.

The FSOC 2016 report can be found here.

Project Bletchley

Jul 04 2016

By Tyler Kirk

On June 15, 2016, Microsoft released a white paper introducing Project Bletchley, Microsoft’s next iteration on its blockchain as a service (“BaaS”) product. In late 2015, Microsoft announced that it would be leveraging its cloud platform, Azure, to provide a low-risk sandbox for customers to gain experience with how blockchain may be applied in various business scenarios, such as supply chain management. Bletchley is positioned as incorporating the latest innovations on the blockchain protocol in the Azure cloud service.

Generally, blockchain is a decentralized digital ledger. Blockchain differs from traditional centralized ledgers because the blockchain protocol uses encryption combined with distributed copies of the ledger to replace the need for a third-party to serve as the ledger’s trusted guardian. Further, blockchain is more efficient because all transactions are mathematically provable and do not require a multi-day verification process. The protocol is append only, and distributed, thus every participant receives an update to their copy of the ledger with the latest transactions. Yet, this revolutionary framework, blockchain 1.0, was just the beginning.

Future of Fintech Regulations in the US

May 20 2016

By Charles Carter and Anthony (Tony) Yerry (ed. Cameron Abbott and Giles Whittaker)

Investment in financial technology (fintech) companies has surpassed US$24 billion worldwide since 2010, which consequently emphasises the importance of the relationship between fintech companies and regulators as they attempt to establish a culture of compliance while not stifling innovation.

As suggested by the industry experts according to The Wall Street Journal, the Office of the Comptroller of the Currency (OCC) may be the best federal agency to regulate fintech companies in the US. On March 31 the OCC during a speech at Harvard University on the innovation of the fintech industry released a white paper which attempts to launch formal discussions between regulators and the industry.

For more information and analysis of the OCC white paper please see K&L Gates’ e-alert here.

Category:Blockchain & Smart Contracts