News & Analysis as of

Virtual Currency › Securities and Exchange Commission (SEC) › Initial Coin Offering (ICOs)

Virtual Currency (aka Digital Currency or Digital Money) is a type of currency or medium of exchange that is not issued by any government nor guaranteed by a government currency. Despite lacking legal tender... more +
Virtual Currency (aka Digital Currency or Digital Money) is a type of currency or medium of exchange that is not issued by any government nor guaranteed by a government currency. Despite lacking legal tender status, Virtual Currency is still traded and exchanged in some environments, typically online environments or communities. Bitcoin is the most well-known form of Virtual Currency.    less -
The Volkov Law Group

Ripple and the SEC Both Claim Wins in Split Court Decision

The Volkov Law Group on

On July 13, 2022, Judge Analisa Torres issued her long awaited ruling on the summary judgment motions in the SEC’s case against Ripple Labs, Inc. (“Ripple”).  The 34-page order provided a win for both the SEC and for Ripple...more

Polsinelli

Blockchain+ Bi-Weekly - June 2023 #2

Polsinelli on

The Blockchain Bi-Weekly presented by the Polsinelli Blockchain+ team is a rundown of some of the key stories in the Web3, blockchain and crypto ecosystems curated by our attorneys navigating the intersections of code, smart...more

Oberheiden P.C.

Tokenization Lawyer – 5 Reasons Why You Might Need One

Oberheiden P.C. on

What is Tokenization? Tokenization is the process of converting an asset into a token on the blockchain. It operates by dividing—or fractionalizing—the ownership of an asset (whether the asset is a piece of real estate or...more

Cole Schotz

How to Use Cryptocurrencies

Cole Schotz on

Uses of Cryptocurrency Overview- As previously detailed, there are a number of regulations surrounding Cryptocurrencies which vary by location (State Regulations) and by federal agency (FINCEN Regulations, IRS Regulations,...more

Brownstein Hyatt Farber Schreck

SEC Chair Gensler Signals Greater Regulation of Cryptocurrency Under Existing Authorities

Brownstein Hyatt Farber Schreck on

On Sept. 14, Gary Gensler, chair of the Securities and Exchange Commission, testified before the Senate Banking Committee that the agency has authority using the existing, “broad” definition of a “security” to regulate the...more

Troutman Pepper

Gensler Speaks on Crypto at Aspen Security Forum

Troutman Pepper on

On August 3, Securities and Exchange Commission (SEC) Chairman Gary Gensler spoke on cryptocurrencies at the Aspen Security Forum — his first significant remarks regarding cryptocurrency since his confirmation in April....more

Troutman Pepper

Crypto: Every Regulator Wants a Piece of the Action

Troutman Pepper on

Not long ago, only the tech-focused were interested in cryptocurrencies and the distributed ledger technologies that make them possible. That has changed. The wins and losses of crypto investors are now center stage, as are...more

Proskauer - Corporate Defense and Disputes

SEC’s Coinschedule Settlement Offers Mere “Clue-By-Enforcement” Into Whether Cryptocurrencies are Securities

Proskauer - Corporate Defense and Disputes on

On July 14, 2021 the SEC issued a consented-to Cease and Desist Order against U.K.-based cryptocurrency review website owner Blotics Ltd. (formerly doing business as Coinschedule Ltd.) for violating Section 17(a) of the...more

BakerHostetler

NFT Initiatives Continue, Blockchain Tracing Solutions Expand, SEC Targets ICO, Crypto Enforcement Data Published, Regulators...

BakerHostetler on

NFT Initiatives Continue, Cryptocurrency Advertising Restrictions Ease - In New Dehli, a blockchain-powered platform is hosting an exhibition displaying 27 art pieces by Bengal-born artist Lalu Prasad Shaw. According to a...more

BakerHostetler

Reports Address CBDCs, Security Tokens; NFT Sales Continue; Blockchain Initiatives Announced; Regulators Address Crypto; SEC...

BakerHostetler on

Reports Address CBDCs and Security Tokens, Banks Launch Crypto Initiatives - A recent report released by the Bank for International Settlements (BIS) analyzes results from a survey of 50 central banks in the first quarter of...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - April 2021

Skadden, Arps, Slate, Meagher & Flom LLP on

This issue discusses a variety of legal, regulatory and enforcement developments in the digital asset space in the U.S. and Europe....more

Snell & Wilmer

SEC Action Could Have Rippling Effects on Future of Cryptocurrency

Snell & Wilmer on

Many investors, traditional and progressive, are looking hard at cryptocurrency investments as a way to diversify their portfolios. However, there are still multiple known “unknowns” about this new market, including the...more

BakerHostetler

Ethereum Upgrade and Blockchain Identity Solutions Progress, SEC Addresses Digital Asset Custody, Data Published on ICO Penalties...

BakerHostetler on

Ethereum 2.0 Moves Closer to Launch, Blockchain Identity Solutions Announced - After having launched last week, the deposit contract for the newest upgrade to the Ethereum blockchain, Ethereum 2.0, now tops out at over 50,000...more

Polsinelli

John McAfee Meet Agent Smith

Polsinelli on

 Agent Smith in the Matrix described humans as a “virus.  A disease, a cancer of this planet. You are a plague, and we are the cure.” While not alleging all human beings are a virus, the U.S. government views John McAfee, the...more

The Volkov Law Group

DOJ Cryptocurrency Guidance Outlines Enforcement Partnerships (Part II of II)

The Volkov Law Group on

DOJ’s Cyber Digital Task Force’s report, “Cryptocurrency: An Enforcement Framework,” provides a comprehensive on the growing partnerships between DOJ and other offices within the executive branch....more

Farrell Fritz, P.C.

“Kik” in the Butt: Court Decision Against Initial Coin Offering Could be Opportunity for Others

Farrell Fritz, P.C. on

On October 21, 2020, the United States District Court for the Southern District of New York entered a final judgment on consent against Kik Interactive Inc. to resolve the Securities and Exchange Commission’s charges that...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - October 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

Recent and significant regulatory and legislative events in the digital asset space demonstrate the evolving and expanding approach by U.S. and international regulators to the burgeoning digital asset markets. These...more

Oberheiden P.C.

Defending Against Securities Fraud Litigation Triggered by an SEC Investigation

Oberheiden P.C. on

For public and private companies in all industries, the risk of being targeted in a U.S. Securities and Exchange Commission (SEC) investigation is a very real concern. As new and innovative securities offerings continue to be...more

Orrick - On the Chain

The SEC Gets its Kiks out of a Successful Application of the Howey Test

Orrick - On the Chain on

In a closely-watched cryptocurrency case, on September 30, the Southern District of New York ruled in favor of the SEC in SEC v. Kik Interactive, Inc., holding that the Kin tokens Kik had offered and sold through a pre-sale...more

Cozen O'Connor

Has the SAFT Been KIKed to the Curb?

Cozen O'Connor on

On September 30, 2020, SDNY Judge Alvin Hellerstein issued a decision of major significance for the digital token industry in Securities and Exchange Commission v. Kik Interactive, Inc. This is only the second federal court...more

Polsinelli

SEC Mike Drop on Rapper and Film Producer Charged With Illegal ICOs

Polsinelli on

The U.S. Securities and Exchange Commission (SEC) recently announced charges against rapper and actor Clifford Harris, Jr., known as T.I. or Tip, film producer Ryan Felton, and three others who promoted Felton’s unregistered...more

BakerHostetler

U.S. Crypto Exchange Approved as Wyoming Bank; Firms Integrate Blockchain for Data Management; Multiple Enforcement Actions by...

BakerHostetler on

U.S. Crypto Exchange Approved as Wyoming Bank, MSB Regulations to be Simplified - This week Kraken, a major U.S. cryptocurrency exchange, announced that it has received approval from the State of Wyoming to form a Special...more

Polsinelli

Ring of Fire - SEC Hangs Up on Telegram

Polsinelli on

After an extended fight with the U.S. Securities and Exchange Commission ("SEC"), Telegram has agreed to resolve charges the company's unregistered offering of digital tokens called "Grams" violated the United States federal...more

Polsinelli

Show Me the Money … all the Money - ICO Issuer Required to Return $25 Million to Investors

Polsinelli on

The SEC recently required BitClave to return over $25 million to investors which the company raised by selling its Consumer Activity Tokens (CAT) to over 9,000 investors in an initial coin offering (ICO). BitClave was also...more

Polsinelli

BitBlog Bi-Weekly Update - May 2020

Polsinelli on

With the world slowly coming out of the COVID-19 lock down and the economy hopefully on the path to recovery there have been many developments in the blockchain / crypto space over the last few weeks....more

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