News & Analysis as of

Crypto Exchanges Securities Act of 1933

Davis Wright Tremaine LLP

Samuels v. Lido DAO: A Potential New Frontier for Liability in the Cryptocurrency Space

A recent order handed down by U.S. District Judge Vince Chhabria of the Northern District of California could be a new source of concern for digital asset entrepreneurs and the venture capital firms that invest in and support...more

Orrick, Herrington & Sutcliffe LLP

Crypto exchange files complaint against SEC for “de facto” rule

On October 8, a crypto exchange company filed a complaint against the SEC in the U.S. District Court for the Eastern Division of Texas, Tyler Division, seeking declaratory and injunctive relief to prevent the SEC from...more

Allen Matkins

Did The FBI Violate The Securities Laws By Directing The Creation Of A Crypto Asset That Was Offered And Sold To The Public?

Allen Matkins on

Professor Ann Lipton recently wrote about an ingenious scheme developed by the Federal Bureau of Investigation that has resulted in indictments of 18 individuals and entities for alleged fraud and manipulation in the crypto...more

The Rodman Law Group, LLC

Updates in Lawsuits Against Ripple and FTX

In 2020, the Securities ExchangeCommission (the “SEC”) filed a complaint against Ripple Labs, Inc. (“Ripple”)alleging that XRP, the native token of Ripple’s XRP Ledger, is a security, andthat Ripple’s sales of XRP constituted...more

Freiberger Haber LLP

Enforcement News: SEC Files Complaint in Connection with a $300 Million Ponzi Scheme and Affinity Fraud

Freiberger Haber LLP on

By: Jeffrey M. Haber On many occasions, we have written about Ponzi schemes that have been the subject of enforcement actions brought by, and/or settlements with, the Securities and Exchange Commission (“SEC” or the...more

A&O Shearman

Second Circuit Reverses Dismissal Of Putative Securities Class Action By Crypto Investors, Addressing Extraterritoriality And...

A&O Shearman on

On March 8, 2024, the United States Court of Appeals for the Second Circuit reversed a trial court decision dismissing a putative securities class action brought by purchasers of crypto assets against an international crypto...more

Wilson Sonsini Goodrich & Rosati

Not So NFTy: What the Impact Theory and Stoner Cats Enforcement Actions Could Mean for NFTs

The U.S. Securities and Exchange Commission (SEC) recently announced charges against and settlements with two NFT issuers for allegedly conducting illegally unregistered offers and sales of securities in the form of...more

A&O Shearman

DeFi protocol Uniswap and investors avoid suit for fraudulent activity on digital asset exchange

A&O Shearman on

On August 30, 2023, in a case of first impression, the U.S. District Court for the Southern District of New York dismissed in full a putative securities class action against Uniswap Labs, a decentralized finance (“DeFi”)...more

Snell & Wilmer

U.S. District Court Issues Decision on Crypto Currency Regulation

Snell & Wilmer on

On July 13, 2023, the U.S. District Court for the Southern District of New York issued an important decision on a closely watched securities case surrounding crypto token classification. The primary question for the Court in...more

Latham & Watkins LLP

SEC v. Ripple: A Tale of Two Token Transaction Types

Latham & Watkins LLP on

A bifurcated decision in a highly anticipated digital assets enforcement action may not provide the clarity that market participants want or need. On July 13, 2023, Judge Analisa Torres of the US District Court for the...more

Cornerstone Research

Number of Securities Class Action Filings Increased in First Half of 2023

Cornerstone Research on

Cryptocurrency-related filings continue to see a high level of activity. The number of securities class action filings increased in the first half of 2023, according to a report released today by Cornerstone Research and...more

Holland & Knight LLP

SEC v. Ripple: When a Security Is Not a Security

Holland & Knight LLP on

In a monumental decision that will likely have substantial ramifications for crypto industry developers, securities practitioners, and millions of investors and token purchasers alike, on July 13, 2023, the U.S. District...more

DarrowEverett LLP

The Ripple Effect: SEC’s Battle Vs. Crypto Gains Some Clarity

DarrowEverett LLP on

The U.S. Securities and Exchange Commission (“SEC”) is paying considerable attention to the world of cryptocurrency (“crypto”). According to the SEC website, the SEC has brought more than 50 enforcement actions against crypto...more

Proskauer - Corporate Defense and Disputes

The Ripple Effect: Implications of the SEC’s Partial Loss in SEC v. Ripple Labs Inc.

The SEC suffered a significant loss last week in its ongoing legal battle with Ripple over the XRP digital token. While the District Court held that Ripple’s initial sales of XRP to institutional investors constituted the...more

BakerHostetler

Ripple Decision Makes Waves Finding Some XRP Sales Not Securities

BakerHostetler on

On July 13, 2023, the U.S. District Court for the Southern District of New York issued its highly anticipated summary judgment decision in the U.S. Securities and Exchange Commission’s (SEC) action against Ripple Labs, Inc....more

Mintz - Securities Litigation Viewpoints

Will a Half-Victory for Ripple Labs Create a Wave of Good News for Digital Asset Exchanges?

On July 13, 2023, a New York federal judge issued a landmark split decision in the SEC v. Ripple Labs case that takes a step toward answering one of the biggest questions in the digital asset space: whether cryptocurrency...more

Pillsbury Winthrop Shaw Pittman LLP

Coinbase Contests the SEC’s Regulatory Authority over Crypto Exchanges, Staking

Arguments presented by Coinbase in its answer to SEC charges would, if accepted, potentially deprive the SEC of its most effective tool in regulating digital assets. The SEC alleges in a Complaint in SDNY that Coinbase...more

Holland & Knight LLP

The SEC Lands First Blows Against Crypto Industry Titans

Holland & Knight LLP on

In a one-two punch earlier this month, the U.S. Securities and Exchange Commission (SEC) brought successive actions against two of the world's largest cryptocurrency exchanges – the first blows in what will likely be...more

Proskauer - Corporate Defense and Disputes

The Crypto Wars Escalate

The gloves are off. The SEC’s recent enforcement actions against leading crypto exchanges suggest that the SEC has decided that time’s up for the crypto industry as it currently exists in the United States....more

Goodwin

SEC Sues Binance and Coinbase: What Are the Allegations and What Is Next?

Goodwin on

In the span of two days, June 5 and June 6, 2023, the US Securities and Exchange Commission (SEC) commenced proceedings against the largest crypto asset exchange in the world, Binance.com; its affiliated US exchange,...more

Dorsey & Whitney LLP

FTX - Billions of Dollars to a Firm with No Controls

Dorsey & Whitney LLP on

Things change, at least sometimes. Take Crypto assets. They began as a way to “get off the grid.” Over time some came on to the grid as their popularity increased. Others stayed off....more

Barnea Jaffa Lande & Co.

First US Indictment for NFT Insider Trading Offenses

A few days ago, the SEC has charged a former employee of OpenSea (the largest NFT marketplace) In the first-ever digital asset indictment. SEC charged him with wire fraud and money laundering in connection with a scheme to...more

Wilson Sonsini Goodrich & Rosati

A Question To The SEC After The Block.One Settlement: Has The Sec Decided To Be Less Aggressive In Sanctioning Violations By...

Until September 30, 2019, Securities and Exchange Commission (“SEC”) enforcement actions in the crypto industry conveyed a consistent message: most crypto is a security, and if a token issuer does not follow the registration...more

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