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Cryptoassets Securities Crypto Exchanges

Polsinelli

Assessing the Landscape: One Year into the SEC’s Litigation Against Major U.S. Digital Asset Exchanges

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The SEC’s litigation against the largest digital asset exchanges in America has been unfolding for over a year, beginning with the agency suing various Binance entities in June 2023, followed by actions against Coinbase...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

Bennett Jones LLP

Canadian Regulators Continue Enforcement Efforts Aimed at Offshore Crypto Platforms

Bennett Jones LLP on

Canadian regulators want to ensure that crypto-asset trading platforms (CTPs) know that they will not be able to evade Canadian and Ontario securities law sanctions by withdrawing from the Canadian market. As part of a...more

A&O Shearman

Southern District Of New York Dismisses Claims Against Cryptocurrency Platform Seeking To Hold It Liable Under The Securities Laws...

A&O Shearman on

On August 29, 2023, Judge Katherine Polk Failla of the United States District Court for the Southern District of New York dismissed with prejudice a putative class action against a decentralized cryptocurrency trading...more

Wilson Sonsini Goodrich & Rosati

Two New Rulings from the SDNY with Mixed Messages for Crypto: Potential Implications for Regulation of the Crypto Industry

A pair of recent rulings from the Southern District of New York (SDNY) have potentially increased confusion around the regulatory status of crypto asset regulation—but may also provide some interesting signs of what’s to...more

A&O Shearman

In Denying Motion To Dismiss In Terraform Cryptocurrency Case, New York Federal Judge Rejects Key Aspects Of Ripple  Ruling,...

A&O Shearman on

On July 31, 2023, United States District Court Judge for the Southern District of New York Judge Rakoff, denied cryptocurrency company Terraform Labs, Pte Ltd. (“Company”) and its founder’s motion to dismiss a suit that had...more

Barnea Jaffa Lande & Co.

Crypto as a Security – Applying the Howey Test

A US court recently handed down a landmark ruling addressing the question of whether the crypto token XRP falls under the definition of “security”. The US court ruled that the same crypto token may be classified differently...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

ArentFox Schiff

SEC Crypto Crackdown Continues: Binance and Coinbase Charged with Violating Securities Laws

ArentFox Schiff on

Last week — in separate actions over the course of 48 hours — the US Securities and Exchange Commission (SEC) filed lawsuits against crypto asset platform operators Binance (including related entities and founder Changpeng...more

A&O Shearman

UK Financial Conduct Authority Publishes Final Rules on Cryptoasset Financial Promotions

A&O Shearman on

On June 8, 2023, the U.K. Financial Conduct Authority published its final Policy Statement setting out detailed rules for the U.K.'s cryptoasset financial promotions regime. The Policy Statement follows the publication on...more

Allen Matkins

SEC Files Desist & Refrain Order Against Coinbase Alleging Failure To Qualify Staking Rewards Program

Allen Matkins on

Yesterday, the California Department of Financial Protection & Innovation announced that it had issued a desist and refrain order against Coinbase, Inc. The order alleges that Coinbase's staking rewards program involved the...more

Kaufman & Canoles

Before Endorsing, Celebrities Should Know: Are Cryptocurrencies Securities?

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Even before the collapse of Sam Bankman-Fried’s FTX empire, the Securities and Exchange Commission (SEC) was paying increasing attention to the market for cryptocurrencies. Back in June, the Chair of the SEC, Gary Gensler,...more

A&O Shearman

Former Cryptocurrency Exchange Manager Indicted by DOJ and Charged by SEC: Is It 'Regulation by Enforcement'?

A&O Shearman on

On July 21, 2022, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) for the first time brought insider trading charges involving cryptocurrency assets. The SEC and DOJ charged a former...more

Goodwin

SEC Alleges “Crypto Asset Securities” Insider Trading; Case Has Significant Implications For The Digital Asset Industry

Goodwin on

On July 21, 2022, the SEC charged three individuals with insider trading of digital assets via a scheme to trade ahead of multiple announcements regarding crypto assets being made available on a United States-based digital...more

Eversheds Sutherland (US) LLP

SEC and CFTC continue efforts to regulate cryptocurrency

Two important events occurred in the cryptocurrency space last week. The Chairman of the US Commodity Futures Trading Commission (CFTC) gave a speech regarding regulators’ role in effectively supervising markets in the era...more

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