News & Analysis as of

Cryptocurrency Motion to Dismiss

A&O Shearman

Cryptocurrency Platform Seeks Interlocutory Review By The Third Circuit Of Order Permitting Plaintiffs To Plead “Statistical...

A&O Shearman on

On April 11, 2025, a cryptocurrency platform (the “Company”) moved to certify for interlocutory appeal the September 5, 2024 decision by Judge Brian R. Martinotti of the United States District Court for the District of New...more

Cooley LLP

Crypto Shake-Up: Narrowing Risks, From Securities Scrutiny to Consumer Claims

Cooley LLP on

Crypto is now in Washington’s good graces – or at least that’s how it may seem. The return of the Trump administration has injected new energy into the crypto asset space, with sweeping rhetoric about “unleashing innovation”...more

Allen Matkins

Can Investors Themselves Be Liable For A Failure To Register The Offer And Sale Of Securities?

Allen Matkins on

Section 12(a)(1) of the Securities Act of 1933 imposes liability on sellers of securities who violate that Act's registration and prospectus delivery requirements.  Because the statute refers to sellers, it seems unlikely...more

A&O Shearman

Southern District Of New York Denies Digital Asset Trading Company’s Motion For Judgment On The Pleadings

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On February 7, 2025, Judge Paul A. Engelmayer of the United States District Court for the Southern District of New York denied a motion for judgment on the pleadings in a putative class action against a cryptocurrency...more

Nelson Mullins Riley & Scarborough LLP

Some Securities Stability for Stablecoins: Judge Torres Rules GYEN is not a Security

Although the U.S. Government under President Trump has flipped the script on its approach to cryptocurrency in just a matter of weeks, one big question that is still out there is will the courts chill the recent enthusiasm of...more

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

Patton Sullivan Brodehl LLP

The “DAO Jungle” Chronicles: DAO can be Sued as a General Partnership; Token Holders Face Liability

A prior DAO Jungle Chronicles post here covered a 2023 federal District Court opinion from California’s Southern District holding that a complaint adequately alleged a DAO (in that case, bZx DAO) could be sued as a general...more

Troutman Pepper Locke

Colorado Federal Court Grants Motions to Dismiss in Cryptocurrency Theft Case Citing Lack of Personal Jurisdiction

Troutman Pepper Locke on

In a recent ruling, the District of Colorado granted several motions to dismiss filed by the developers and owners of cryptocurrency application Atomic Wallet, citing a lack of personal jurisdiction. This decision effectively...more

Ankura

Understanding the Crypto Ripple Effect

Ankura on

On July 13, 2023, the Court ruled in partial favor of Ripple Labs Inc.’s argument that many of its XRP sales did not violate investor-protection laws. The ruling has sent the crypto world ablaze with speculation on the future...more

Katten Muchin Rosenman LLP

A Disagreement among Judges in the Same Courthouse Arises in Ruling Denying Motion to Dismiss SEC Enforcement Action against...

One US federal district court judge affirmatively challenged the analysis of another district court judge sitting in the same courthouse in denying defendants’ motion to dismiss in the Securities and Exchange Commission’s...more

Patton Sullivan Brodehl LLP

The “DAO Jungle” Chronicles: Federal Court Allows DAO to be Sued as a Partnership

In a prior post — The DAO Jungle? — we recapped the State of Wyoming’s new legislation extending LLC protections to Decentralized Autonomous Organizations (DAOs). Under that Wyoming law, a DAO could register as a LLC and its...more

Cadwalader, Wickersham & Taft LLP

SDNY Accepts Argument That Crypto Is Subject to Electronic Fund Transfer Act/Regulation E

In an Opinion and Order issued on February 22, 2023, Judge Denise Cote of the Southern District of New York (“SDNY”) permitted class action plaintiffs to survive a motion to dismiss and proceed against Uphold HQ, Inc. on a...more

Davis Wright Tremaine LLP

Custodia Bank Wins Important Digital Asset Decision

On June 7, 2022, Custodia Bank ("Custodia") filed a complaint in the U.S. District Court for the District of Wyoming against the Federal Reserve Board of Governors (the "Board") and the Federal Reserve Bank of Kansas City...more

Mintz

Lawsuit Challenging Taxation of Cryptocurrency Tokens Generated Through Staking Dismissed as Moot

Mintz on

The early dismissal of a federal lawsuit that could have resolved whether certain cryptocurrency tokens can be taxed as federal income feels like business as usual for an industry accustomed to uncertainty. At issue in this...more

Goodwin

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits

Goodwin on

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits; California District Court Dismisses Fraud-Related Claims Against AT&T; Third Circuit Holds Challenge to SEC’s Decision to...more

Bilzin Sumberg

Jurisdictional Lessons from Mt. Gox Cryptocurrency Litigation

Bilzin Sumberg on

Last week, on the heels of a significant decline in Bitcoin prices, Forbes reported that China’s Central Bank is set to launch the world’s first state-backed cryptocurrency. The cryptocurrency will be made available initially...more

Polsinelli

BitBlog Weekly Summary: Digital Asset Regulations in New York State

Polsinelli on

This week saw two items of note in the regulation of digital assets and both came out of the state of New York. The Return of the Empire State - A New York State Supreme Court ruled that it has personal and subject...more

A&O Shearman

Southern District Of Florida Dismisses Claims Against Individual Defendants Related To Initial Coin Offering For Failure To...

A&O Shearman on

On May 13, 2019, Judge Robert N. Scola, Jr., of the United States District Court for the Southern District of Florida dismissed all claims asserted against four individual defendants under Sections 12(a)(1) of the Securities...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - April 2019

In this issue, we examine the release of the much-anticipated Strategic Hub for Innovation and Financial Technology (FinHub) guidance for analyzing how U.S. federal securities laws apply to initial coin offerings, the...more

Proskauer - Blockchain and the Law

Lawsuit Alleging that LATX Tokens are Securities Survives Motion to Dismiss

On December 10th, 2018, a U.S. District Judge for the District of New Jersey denied Latium Network, Inc. (“Latium”) and its co-founders’ motion to dismiss a class action alleging violations of Section 5 of the Securities Act...more

A&O Shearman

District Of Massachusetts Denies Motion To Dismiss, Finds Virtual Currency "My Big Coin" Is A Commodity Under Commodity Exchange...

A&O Shearman on

On September 26, 2018, Judge Rya W. Zobel of the United States District Court for the District of Massachusetts denied a motion to dismiss a complaint filed by the Commodity Futures Trading Commission (“CFTC”) that alleged...more

Sheppard Mullin Richter & Hampton LLP

New York Federal Court’s View on Cryptocurrency as Securities

On September 11, 2018, the U.S. District Court for the Eastern District of New York denied a motion to dismiss an indictment of a Brooklyn real estate entrepreneur in relation to two virtual currency investment schemes and...more

Akin Gump Strauss Hauer & Feld LLP

Developments in Cryptocurrency in 2018

• The U.S. Securities and Exchange Commission (SEC) staff made official statements regarding when a token may or may no longer be a security • The SEC continued to bring actions related to cryptocurrency offerings against...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cryptocurrency Litigation Update: Court Allows Government’s Criminal Case Against REcoin Founder to Proceed

On September 11, 2018, Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York issued a new decision in U.S. v. Zaslavskiy, No. 1:17-cr-00647-RJD-RER, Dkt. No. 37 (E.D.N.Y. Sept. 11, 2018),...more

Sheppard Mullin Richter & Hampton LLP

Recent Development in Regulatory Enforcement of Digital Securities

In a flurry of activity and confluence of developments, the SEC, FINRA and a Brooklyn federal judge have commenced actions and made rulings that continue to define the regulatory framework and obligations surrounding the sale...more

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