On May 29, 2025, the SEC’s Division of Corporation Finance (Corp Fin) released a Statement on Certain Protocol Staking Activities clarifying that certain crypto asset staking activities on proof-of-stake (PoS) blockchain...more
On April 10, 2025, the SEC’s Division of Corporation Finance (the Division) released a statement providing its views on disclosure requirements for Offerings and Registrations of Securities in the Crypto Asset Markets....more
4/25/2025
/ Corporate Governance ,
Cryptoassets ,
Digital Assets ,
Disclosure Requirements ,
FinCEN ,
Investment Contract ,
Offerings ,
Registration Statement ,
Regulation S-K ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On April 4, the SEC released a Statement on Stablecoins. In the statement, the Division of Corporation Finance provides its view that offers and sales of a certain subset of crypto assets commonly known as “stablecoins”...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