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 developing technologies. Our ” What To Expect When Litigating Smart Contract Disputes” article looks at both sets of issues.
One of the big questions surrounding ICOs is whether the “coin” (or token) offered in the ICO is considered a security and, therefore, subject to securities laws, including registration. One of the U.S. SEC’s first official statements on the matter, issued in response to the DAO debacle, was probably most famous for its lack of definitive statements. It said that:
[F]ederal securities law may apply to various activities, including distributed ledger technology, depending on the particular facts and circumstances, without regard to the form of the organization or technology used to effectuate a particular offer or sale