The cryptocurrency legal and regulatory environment is experiencing significant shifts in 2025, presenting both opportunities and ongoing risks for technology companies in this space....more
4/2/2025
/ Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Guidance Update ,
Howey ,
Market Manipulation ,
Regulatory Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Technology Sector
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
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
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
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
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)
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