News & Analysis as of

Unregistered Securities Digital Assets Cryptoassets

Fenwick & West LLP

Looking Under the Hood of $TRUMP’s Legal Strategy

Fenwick & West LLP on

On Friday, January 17, 2024, President Donald J. Trump announced the launch of the $TRUMP memecoin, which was organized and sold by CIC Digital, an affiliate of the Trump Organization. Within 60 hours, $TRUMP reportedly...more

Nelson Mullins Riley & Scarborough LLP

OpenSeason: The SEC’s Enforcement Activity Threatens OpenSea and NFTs

Although the excitement for non-fungible tokens (NFTs) may have faded since its peak in 2022, the world’s largest NFT marketplace, OpenSea, has new and unwanted attention from the SEC. In addition to a potential enforcement...more

Katten Muchin Rosenman LLP

SEC Targets Crypto Infrastructure Provider: Consensys Charged with Operating Unregistered Broker and Selling Unregistered...

In a significant escalation of its crypto enforcement efforts, the Securities and Exchange Commission (SEC) has filed charges against Consensys Software Inc., the developer of the popular MetaMask crypto wallet and suite of...more

Cornerstone Research

SEC Cryptocurrency Enforcement under the Gensler Administration

Cornerstone Research on

In addition to tokens and crypto issuers, the SEC enforcement continued its focus on crypto lending and trading platforms. In January 2023, the SEC brought two enforcement actions against three firms for unregistered offer...more

Holland & Knight LLP

The Latest from the World of Ripple and Its (Ripple) Effects

Holland & Knight LLP on

The same day that the U.S. District Court for the Southern District of New York (SDNY) in SEC v. Ripple Labs, Inc. denied the SEC's request for an interlocutory appeal of the bombshell summary judgment ruling in the case, the...more

Jones Day

SEC Brings Its First Enforcement Action Against Non-Fungible Token Sellers

Jones Day on

Two SEC commissioners dissented and urged the Commission to provide further guidance on non-fungible tokens ("NFTs")....more

Mayer Brown Free Writings + Perspectives

For the First Time, the US SEC Sanctions an NFT Issuer for Selling Unregistered Securities in SEC v. Impact Theory

In a published settlement of the charges on August 28, 2023, the US Securities and Exchange Commission (“SEC”) stated that non-fungible tokens (“NFTs”) issued by Impact Theory, LLC (“Impact”) were “securities” under US...more

Ballard Spahr LLP

SEC Finds NFT to Be a Security in Landmark Action

Ballard Spahr LLP on

Summary - The SEC’s focus on the crypto industry expanded this week to include non-fungible tokens (NFTs). In its first NFT-enforcement action, the SEC settled with Impact Theory, a media and entertainment company, over...more

Holland & Knight LLP

A Ripple of Doubt

Holland & Knight LLP on

Specifically, the SEC wants a change to persuade the U.S. Court of Appeals for the Second Circuit – now, not later – of its view that Torres got it wrong when she determined that the company's offer and sale of its XRP token...more

Dorsey & Whitney LLP

Ripple and Howey

Dorsey & Whitney LLP on

The questions revolving around crypto assets typically begin with examining if a security is involved. The answer to that question is determined by applying the Howey test and frequently concluding that the asset is in fact a...more

Bilzin Sumberg

SEC’s Regulatory Authority over Crypto Assets Questioned

Bilzin Sumberg on

The regulatory authority of the U.S. Securities and Exchange Commission (“SEC”) over the cryptocurrency industry has recently been challenged on a couple of fronts. One involves a lawsuit filed by the SEC against a Utah-based...more

Wilson Sonsini Goodrich & Rosati

SEC Goes After Staking-as-a-Service: Crypto Exchange Kraken Shuts Down Its U.S. Staking Program

With the announcement of charges against and a settlement with two subsidiaries of a prominent crypto exchange, Kraken, the U.S. Securities and Exchange Commission (SEC) appears to have a new target within the blockchain...more

Orrick, Herrington & Sutcliffe LLP

SEC charges companies for offering and selling unregistered crypto asset securities

On January 12, the SEC filed a complaint in the U.S. District Court for the Southern District of New York against two companies (collectively, defendants), alleging that they were involved in the unregistered offer and sale...more

BakerHostetler

Crypto Products Launch; NFTs Allowed for Political Fundraising; Bank Regulators Address Crypto Risk; DOJ/SEC Target Crypto Fraud;...

BakerHostetler on

Crypto Apps Launch New Features, Custody Firm Achieves CCSS Certificate - According to recent reports, Uniswap V3 was the most used Ethereum contract in 2022, seeing over 15.5 million transactions throughout 2022 and using...more

Jones Day

SEC Chairman Signals Intensified Enforcement and Regulatory Scrutiny of Crypto and DeFi

Jones Day on

SEC Chairman Gary Gensler suggests SEC will aggressively police crypto assets and decentralized finance ("DeFi") platforms while seeking expanded authority to regulate these fast-growing industries....more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide