News & Analysis as of

Cryptoassets Broker-Dealer Unregistered Securities

Orrick, Herrington & Sutcliffe LLP

SEC files complaint against a digital platform for unregistered offer and sales of securities and acting as unregistered broker

Recently, the SEC released its complaint against a digital platform that acted as an unregistered broker and seller of crypto-asset securities transactions. The SEC alleges that since 2020 the platform brokered over 36...more

Dechert LLP

SEC Charges Ethereum Developer Over Liquid Staking and Swap Programs

Dechert LLP on

The SEC has charged a leading developer on the Ethereum blockchain with engaging in the unregistered offer and sale of certain securities through a “liquid staking” program and with failing to register as a broker in...more

Jones & Keller, P.C.

Crypto and Securities Law: Lessons from SEC v. Coinbase

Jones & Keller, P.C. on

...A recent decision in an SEC enforcement action against Coinbase, the largest crypto-asset trading platform in the U.S., provides some long-awaited guidance on a topic that has been the subject of considerable debate in the...more

Cornerstone Research

Allegations in SEC Cryptocurrency Enforcement Actions

Cornerstone Research on

Of the 46 enforcement actions in 2023: 26 actions (57%) alleged fraud under Section 17(a) - of the Securities Act and/or Section 10(b) and Rule 10b-5 of the Exchange Act; 28 (61%) alleged an unregistered securities...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

Seward & Kissel LLP

Leash the Kraken: SEC Sues Kraken

Seward & Kissel LLP on

On November 20, 2023, the SEC filed a complaint in the United States District Court for the Northern District of California against Payward, Inc. and Payward Ventures, Inc. which, together, do business as Kraken. The...more

Eversheds Sutherland (US) LLP

New FINRA sweep targets crypto marketing

As might be expected, FINRA appears to be aligning itself with the SEC in its assertion of jurisdiction over investments that may not, at the end of the day, be deemed securities. ...more

Sheppard Mullin Richter & Hampton LLP

Uniswap and VC Backers Sued For Selling Unregistered Securities

A recent class-action lawsuit alleges that the “Uniswap Protocol” exchange is one of the largest crypto-asset exchanges in the world, which permits the unlawful promotion, offer, and sale of crypto tokens as unregistered...more

Katten Muchin Rosenman LLP

Bridging the Week - November 2019 #2

A social media company and its wholly owned subsidiary sued by the Securities and Exchange Commission for conducting an offering of an unregistered digital security claimed that the agency was wrong in its characterization of...more

Katten Muchin Rosenman LLP

Bridging the Weeks - June 2019

Last week, a Canada-based social media company was sued by the Securities and Exchange Commission for purportedly conducting an unregistered securities offering to United States persons in connection with an initial coin...more

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