On March 20, the SEC released a Statement on Certain Proof-of-Work Mining Activities. In the statement, the Division of Corporation Finance (Corp Fin) provides its view that many proof-of-work mining activities are not...more
On February 27, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance (Corp Fin) published a new staff statement intended to clarify the application of federal securities laws to meme coins....more
3/5/2025
/ Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Economic Realities Test ,
Enforcement Actions ,
FinTech ,
Howey ,
Internet Memes ,
New Guidance ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Regulation ,
Securities Tokens ,
Token Sales
As is the case with much of the blockchain industry, decentralized autonomous organizations (DAOs) are unique. The existence of a DAO does not necessarily imply the existence of a legal entity or an intent to share profits....more
On February 20, the SEC announced the creation of the CETU, which will replace the Crypto Assets and Cyber Unit and be led by its former co-chief, Laura D’Allaird. In 2022, the SEC nearly doubled the size of the Crypto Assets...more
On February 12, President Donald Trump nominated Brian Quintenz to lead the Commodity Futures Trading Commission. This article profiles Quintenz as a nominee, surveys Pham’s initiatives as acting chair, and considers...more
Trump Administration AI and Crypto Special Advisor David Sacks focused on stablecoin legislation and a potential crypto regulatory framework during a press conference on February 4. Sacks led the conference and was followed...more
2/7/2025
/ Anti-Money Laundering ,
Bitcoin ,
CFTC ,
Congressional Committees ,
Cryptocurrency ,
Digital Assets ,
FinTech ,
Proposed Legislation ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
U.S. Commerce Department ,
Working Groups
The head of the Securities and Exchange Commission’s new Crypto Task Force announced its 10 initial priorities on February 4. In her statement, titled “The Journey Begins,” SEC Commissioner and task force chair Hester Peirce...more
As the crypto industry eagerly awaits regulatory clarity, some early glimpses of the new administration’s policy priorities may be found in resolutions of ongoing Securities and Exchange Commission cases against exchanges and...more
The Trump administration’s first week back in office was marked by a flurry of crypto-related activity among regulators, lawmakers, and the market itself....more
On Tuesday, acting SEC Chair Mark Uyeda announced the creation of a Crypto Task Force to devise a “sensible regulatory path” for the $3 trillion cryptocurrency market. This represents a departure from the former chair, Gary...more
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
1/23/2025
/ Bitcoin ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Donald Trump ,
Howey ,
Investment ,
Investment Contract ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Unregistered Securities
Civil and criminal litigation heated up this summer in high-profile crypto matters that will affect crypto projects moving forward.
For their quarterly crypto lit update, partner David Feder and associates Rebecca...more
10/14/2024
/ Arbitrage ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Enforcement Actions ,
Ethereum ,
First Amendment ,
Hackers ,
Investment Contract ,
Money Transmitter ,
Popular ,
Securities and Exchange Commission (SEC) ,
Theft
The beginning of this year brought several legal milestones in the world of crypto litigation and enforcement. In the first live installment of our quarterly update webinar, we discussed how...more
7/11/2024
/ Coinbase ,
Criminal Prosecution ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Authority ,
Howey ,
Investment Contract ,
Penalties ,
Permanent Injunctions ,
Securities and Exchange Commission (SEC)
Of particular importance for the crypto industry, the opinion analyzes the SEC’s allegations that Binance and BAM offered and sold various tokens and programs to investors as investment contracts without registering them with...more
7/5/2024
/ Cryptocurrency ,
Fraud ,
Investment Contract ,
Registration Requirement ,
Regulatory Requirements ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Tokens ,
Securities Violations ,
Stablecoins
It’s the Transaction, Not the Token.
Issuers cannot offer or sell securities without registering them with the SEC under Section 5 of the Securities Act of 1933 or finding a valid exemption from registration. XRP is the...more
7/18/2023
/ Buyers ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Howey ,
Investment ,
Investment Contract ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Sellers ,
Summary Judgment ,
Token Sales ,
Unregistered Securities