News & Analysis as of

Cryptoassets Non-Fungible Tokens (NFTs) Securities Regulation

Latham & Watkins LLP

SEC Staff Clarifies That Meme Coins Are Not Securities

Latham & Watkins LLP on

The Staff stated that most meme coins are not subject to federal securities laws or SEC fraud enforcement; who will oversee meme coins remains an open question. On February 27, 2025, the Securities and Exchange...more

Patterson Belknap Webb & Tyler LLP

DraftKings NFT Settlement Leaves Securities Question in Limbo

A class action lawsuit brought against online gaming company DraftKings Inc. relating to the company’s short-lived marketplace for non-fungible tokens, or NFTs, is likely to settle. Because the case will not proceed to a...more

Morgan Lewis

SEC Commissioner Calls for Public Input on Crypto Asset Regulation

Morgan Lewis on

US Securities and Exchange Commission (SEC) Commissioner Hester Peirce and the SEC’s Crypto Task Force recently underscored the new administration’s commitment to engage with digital asset market participants in the near...more

Cadwalader, Wickersham & Taft LLP

Hester Peirce's Journey and Crypto Task Force

While some of the crypto developments we have reported on in this edition of Cabinet News & Views have had a distinctively partisan bent to them, the departure of Gary Gensler from the Securities & Exchange Commission...more

Polsinelli

Top 10 Web3/Blockchain Legal Developments of 2024

Polsinelli on

The legal landscape surrounding blockchain technology underwent dramatic shifts in 2024, particularly in the United States, offering both remarkable opportunities and substantial compliance challenges. Governments introduced...more

Nelson Mullins Riley & Scarborough LLP

OpenSeason: The SEC’s Enforcement Activity Threatens OpenSea and NFTs

Although the excitement for non-fungible tokens (NFTs) may have faded since its peak in 2022, the world’s largest NFT marketplace, OpenSea, has new and unwanted attention from the SEC. In addition to a potential enforcement...more

Ballard Spahr LLP

Second SEC NFT-Enforcement Action Finds Another NFT to Be a Security

Ballard Spahr LLP on

Summary - The SEC’s pursuit of the crypto industry continues with its second-ever settlement of a non-fungible token (NFT) enforcement action. The SEC settled with Stoner Cats 2 LLC (SC2), which sought to finance an...more

Jones Day

SEC Brings Its First Enforcement Action Against Non-Fungible Token Sellers

Jones Day on

Two SEC commissioners dissented and urged the Commission to provide further guidance on non-fungible tokens ("NFTs")....more

Mayer Brown Free Writings + Perspectives

For the First Time, the US SEC Sanctions an NFT Issuer for Selling Unregistered Securities in SEC v. Impact Theory

In a published settlement of the charges on August 28, 2023, the US Securities and Exchange Commission (“SEC”) stated that non-fungible tokens (“NFTs”) issued by Impact Theory, LLC (“Impact”) were “securities” under US...more

Ballard Spahr LLP

SEC Finds NFT to Be a Security in Landmark Action

Ballard Spahr LLP on

Summary - The SEC’s focus on the crypto industry expanded this week to include non-fungible tokens (NFTs). In its first NFT-enforcement action, the SEC settled with Impact Theory, a media and entertainment company, over...more

Kilpatrick

Crypto Enforcement Is Here, and Always Has Been

Kilpatrick on

There are those in the crypto sphere who, despite the strong warnings of several federal agencies, believe there can be no enforcement without crypto specific regulation. This is not the case. There are also those who believe...more

Proskauer - Blockchain and the Law

SEC to Hire More Staff in Crypto Assets and Cyber Unit and Ratchet Up Scrutiny of Industry

The Securities and Exchange Commission (SEC) announced yesterday that it would hire 20 additional positions to the Crypto Assets and Cyber Unit (formerly known as the Cyber Unit) within the Division of Enforcement, increasing...more

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