News & Analysis as of

Howey Securities Litigation

Fenwick & West LLP

Crypto Litigation and Enforcement: Q1 2025 - Key Takeaways and Updates

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The cryptocurrency legal and regulatory environment is experiencing significant shifts in 2025, presenting both opportunities and ongoing risks for technology companies in this space....more

Patterson Belknap Webb & Tyler LLP

DraftKings NFT Settlement Leaves Securities Question in Limbo

A class action lawsuit brought against online gaming company DraftKings Inc. relating to the company’s short-lived marketplace for non-fungible tokens, or NFTs, is likely to settle. Because the case will not proceed to a...more

Seward & Kissel LLP

SEC v. Coinbase: “On to the Second Circuit We Go”

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The see-saw court battle over whether Coinbase is an unregistered securities exchange/broker-dealer/clearing agency has flipped, this time with the SEC dropping low. On January 7, 2025, the U.S. District Court for the...more

Cornerstone Research

SEC Enforcement of Cryptocurrency Reaches a New High

Cornerstone Research on

More than 50% increase in SEC cryptocurrency-related enforcement actions in 2023 over 2022. The Securities and Exchange Commission (SEC) continues to view cryptocurrency-related enforcement as a top priority, bringing 46...more

Sheppard Mullin Richter & Hampton LLP

The SEC’s Sudden Impact on NFTs!

On August 28, 2023, the Securities and Exchange Commission (“SEC”) instituted cease-and-desist proceedings under Section 8A of the Securities Act against Impact Theory, a Los Angeles media and entertainment company, alleging...more

McDermott Will & Emery

SEC Cracks Down on NFTs With First-Of-Its-Kind Enforcement Action

On August 28, 2023, the US Securities and Exchange Commission (SEC) announced an enforcement action against Impact Theory, LLC, alleging that Impact Theory’s public sale of approximately $30 million in crypto assets violated...more

Jenner & Block

Client Alert: Ripple, and Terra, and Coinbase, Oh My!

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Three federal judges in the Southern District of New York sit at the center of the long-running battle between the SEC and the crypto industry, overseeing cases that may eventually bring clarity to the industry. After two...more

Vinson & Elkins LLP

‘Forming’ a Rift: District Judge Rejects Decision in Ripple Labs, Inc.

Vinson & Elkins LLP on

On July 31, 2023, Judge Jed Rakoff of the Southern District of New York (“SDNY”) sided with the Securities Exchange Commission in SEC v. Terraform Labs Pte. Ltd. by holding that sales of crypto assets to retail investors on...more

ArentFox Schiff

SDNY’s Ripple Decision Could Have a Rippling Effect on SEC Enforcement Actions

ArentFox Schiff on

The US District Court of the Southern District of New York has appeared to hand digital asset sellers their first victory, albeit partial, amidst a flurry of enforcement actions by the US Securities and Exchange Commission...more

Seward & Kissel LLP

Christmas in July—Court in Ripple Case Delivers Split Verdict Hailed as Victory by Ripple

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Three days before Christmas 2020, the SEC served Ripple Labs Inc. and two of its executives with a lawsuit. How is that for a present under the tree? As the SKrypto Blog reported at the time, the main issue was whether XRP, a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Suit Alleging NBA ‘Top Shot’ NFTs Were Securities Survives Motion To Dismiss

On February 22, 2023, Judge Victor Marrero of the U.S. District Court for the Southern District of New York issued an order in Friel v. Dapper Labs, Inc., denying Dapper Labs and its CEO’s motion to dismiss a putative...more

Latham & Watkins LLP

SEC v. Ripple: Approaching Judgment Day

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While a conclusion to the much-hyped case may be approaching, market participants should be wary of doomsday prognostications. As a new year begins, the digital assets industry is still enduring a deep and widespread crypto...more

A&O Shearman

Fifth Circuit Revives Securities Fraud Claims In Suit Between Former Business Associates

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On May 15, 2019, the United States Court of Appeals for the Fifth Circuit partially revived a securities fraud suit brought by a doctor and his business partner against two former business associates under the Securities...more

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