US

SEC’s Supposed Setback on Token Issue Now Reversed

In November 2018, a U.S. District Court declined to accept the SEC’s argument that an ICO token was a “security.”  There are those who saw this as a setback for

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ICO, SEC, US

What To Expect When Litigating Smart Contract Disputes

The blockchain phenomenon has brought an ever increasing use of smart contracts.  Those contracts raise numerous issue for disputes lawyers.  Some are variations of old themes.  But others are unique to

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DAO, Smart Contracts, US

A Series Of 1st-Time Crypto Actions For The SEC

On December 17 we published an article in Law360 describing the SEC’s busy November in which it secured three “firsts” in its crackdown on unlawful digital activity: (1) its first

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Enforcement, ICO, SEC, US

US District Court Judge Holds Plaintiffs Made Sufficient Showing That Token Is Security to Survive a Motion to Dismiss

Recent posts have discussed proceedings brought by the SEC in connection with ICOs that violated the securities laws.  But private plaintiffs can also bring suits alleging violations of securities laws

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ICO, ICO Litigation, Litigation, US

SEC’S First Cases for Improperly Touting ICOs are Brought Against Celebrities DJ Khaled and Floyd Mayweather

The U.S. SEC has shown it seriousness in cracking down on noncompliant ICOs by pursuing enforcement in a number of

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ICO, SEC, Touting, US

LabCFTC Releases Primer on Smart Contracts

LabCFTC, the FinTech engagement arm of the Commodity Futures Trading Commission (CFTC), this week released a primer on smart contracts

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CFTC, Cryptocurrency, Enforcement, US

U.S. District Court Declines to Accept SEC’s Argument that Token is a “Security” Until It Can Resolve Disputed Questions of Fact

On November 27, 2018, the U.S. District Court for the Southern District of California issued a decision that is already being

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ICO, SEC, Security Token, US

SEC’s First Cases Imposing Civil Penalties Solely for ICO Securities Offering Registration Violations

On Friday, November 16, the U.S. Securities and Exchange Commission announced that it had settled charges against two companies that

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ICO, SEC, US

U.S. SEC Issues Statement on Digital Asset Securities Issuance and Trading

Last Friday, November 16, the U.S. Securities and Exchange Commission Division of Corporation Finance, Division of Investment Management, and Division

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Broker-Dealer, ICO, SEC, US

SEC Takes First Step in Cracking Down on Digital Token Trading Platforms

On November 8, the SEC settled charges against Zachary Coburn, the founder of EtherDelta, a digital token trading platform.  This

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Cryptocurrency, Enforcement, Exchanges, SEC, US

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