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SEC Staff Clarifies That Certain Staking Activities Are Not Securities

Protocol Staking Under the Federal Securities Laws - Historically, the SEC has taken issue with certain staking activities under the federal securities laws. The SEC previously alleged that staking-as-a-service programs...more

SEC Greenlights Proof-of-Work Mining

The Division’s statement specifically addresses the mining of crypto assets that are intrinsically linked to the programmatic functioning of a public, permissionless network. These assets, referred to by the Division as...more

Crypto Brief - Newsletter - January 24, 2025

Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters...more

DeFi Takes Another Hit: CFTC Settles With Uniswap Labs Over Leveraged Tokens

On September 4, the Commodity Futures Trading Commission (CFTC) issued a settlement order (the Order) against Universal Navigation Inc. d/b/a Uniswap Labs (Uniswap).1 The Order asserted that Uniswap, through its front-end...more

Not Today, Gary: Court Says XRP is Not a Security

On July 13, Judge Analisa Torres, district judge for the United States District Court for the Southern District of New York, issued a substantial order (the Order) on cross motions for summary judgment in the U.S. Securities...more

SEC Safeguarding Rule Proposal: What a Crypto Investment Adviser Needs to Know

On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) released a proposed rule change (the Proposed Rule) redesignating the “custody rule” (i.e., Rule 206(4)-2 of the Investment Advisers Act of 1940, as...more

New Jersey Wants Its Own BitLicense Regulation

New Jersey is poised to adopt sweeping cryptocurrency and blockchain regulations with the passage of the Digital Asset and Blockchain Technology Act (the Act). If adopted, the Act would radically change the regulatory...more

FINRA: An Unnecessary, Unqualified Digital Asset Regulator

The Financial Industry Regulatory Authority’s new request for digital assets activities adds more confusion to the regulatory environment. The United States Financial Industry Regulatory Authority, or FINRA, has once again...more

Could Compound’s Governance Token COMP Be Deemed A Security?

Examining COMP’s ability to pass the Howey test for being qualified as investment contracts and to be considered a security. Innovation springs eternal in the digital asset ecosystem, and with Compound’s launch of its...more

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