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Securities and Exchange Commission (SEC) Blockchain Corporate Counsel

Cooley LLP

SEC Announces New Cyber and Emerging Technologies Unit

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On February 20, 2025, the US Securities and Exchange Commission (SEC) announced the creation of a new enforcement unit – the Cyber and Emerging Technologies Unit (CETU). The SEC’s announcement made clear that the new unit...more

Proskauer Rose LLP

SEC Approach In Wahi Presents New Challenges For Crypto

Proskauer Rose LLP on

Government scrutiny of the crypto market has been sharply increasing in recent months on the criminal and civil enforcement fronts. In parallel proceedings that will be seen in other digital asset contexts — as in the...more

Allen Matkins

Judge Orrick Rules A Decentralized Autonomous Organization May Be Sued As An Unincorporated Association

Allen Matkins on

Gertrude Stein is famously quoted as having written, "There is no there there".  Although Ms. Stein intended a different meaning to the expression, the same statement might be used to describe a "decentralized autonomous...more

Morgan Lewis - All Things FinReg

Court OKs CFTC’s Service of Process Through Online Forum, Chat Box in Ooki DAO Action

The US District Court for the Northern District of California ruled on December 20, 2022, that the Commodity Futures Trading Commission (CFTC) properly served the defendant, Ooki DAO, by posting summons documents in Ooki...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for November 2022

Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources....more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for October 2022

Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important and interesting SEC enforcement developments from the past month, with links to primary...more

ArentFox Schiff

All Your Ether (Are) Belong To US: SEC Claims Jurisdiction Over Entire Ethereum (ETH) Network

ArentFox Schiff on

The US Securities and Exchange Commission (SEC) has filed an enforcement action against crypto influencer Ian Balina in the Western District of Texas alleging that he promoted unregistered securities in connection with the...more

Katten Muchin Rosenman LLP

Holders of DAO Governance Tokens Beware: According to the CFTC, Voting May Be Hazardous to Your Well-Being

Natural persons and legal entities are potentially jointly and severally liable for all of a decentralized autonomous organization's (DAO) violations of the Commodity Exchange Act (CEA) and Commodity Futures Trading...more

Foley Hoag LLP

SEC and DOJ Bring First-Ever Crypto Insider Trading Actions

Foley Hoag LLP on

This year had already seen an uptick in federal enforcement activity focused on digital assets with the expansion of the SEC’s Crypto Assets and Cyber Unit (see our prior client alert on that expansion and its impact here)...more

Sheppard Mullin Richter & Hampton LLP

May 2022 Crypto Enforcement Actions and Regulatory Guidance Roundup

In May, we saw a slower month for crypto enforcement actions by state and federal regulators. See our March 2022 Crypto Enforcement Actions Roundup blog here where we discuss the regulatory guidance and jurisdiction of...more

Sheppard Mullin Richter & Hampton LLP

April 2022 Crypto Enforcement Actions And Regulatory Guidance Roundup

In April, we continued to see a steady pace in the seriousness and frequency of crypto enforcement actions by state and federal law enforcement.  (See our March 2022 Crypto Enforcement Actions Roundup blog here where we...more

Fenwick & West LLP

SEC Issues Guidance on Accounting for Safeguarding Crypto Assets

Fenwick & West LLP on

In light of an increasing number of companies that give platform users the ability to transact in crypto assets and provide a service to safeguard such assets, the staff of the Securities and Exchange Commission issued Staff...more

Tonkon Torp LLP

Can Some NFTs be Considered Securities? The SEC Is Watching

Tonkon Torp LLP on

The U.S. Securities and Exchange Commission (SEC) is ramping up its investigation and potential enforcement activities against sellers of nonfungible tokens (NFTs) and marketplaces that connect buyers and sellers. Regulators...more

BakerHostetler

SEC Wins Case Against Kik and Adds Precedent for Digital Assets

BakerHostetler on

On Sept. 30, the United States District Court for the Southern District of New York granted the U.S. Securities and Exchange Commission’s (SEC) motion for summary judgment against Kik Interactive Inc. (Kik) and denied Kik’s...more

Orrick - On the Chain

The SEC Gets its Kiks out of a Successful Application of the Howey Test

Orrick - On the Chain on

In a closely-watched cryptocurrency case, on September 30, the Southern District of New York ruled in favor of the SEC in SEC v. Kik Interactive, Inc., holding that the Kin tokens Kik had offered and sold through a pre-sale...more

Perkins Coie

Updated: Digital Asset SEC Timeline

Perkins Coie on

Perkins Coie LLP is pleased to bring you this Digital Asset SEC Timeline. This Timeline is an interactive compilation of select SEC guidance, enforcement actions, and speeches relating to the application of the federal...more

Polsinelli

Blockchain Litigation Year in Review (Part 1): Lessons From 2019 And What’s Ahead For 2020

Polsinelli on

When is a digital asset a security or a commodity? Are SAFTs safe? Does hyping blockchain create an expectation of profit? Is blockchain a trademark, trade secret or neither? Are free tokens tax-free? Who is Satoshi Nakamoto?...more

Perkins Coie

Digital Asset SEC Timeline

Perkins Coie on

Perkins Coie LLP is pleased to bring you this Digital Asset SEC Timeline. This Timeline is an interactive compilation of select SEC guidance, enforcement actions, and speeches relating to the application of the federal...more

Farrell Fritz, P.C.

Telegram TRO Sends Strong Message to Digital Token Issuers

Farrell Fritz, P.C. on

On October 11, 2019, the Securities and Exchange Commission (the “Commission”) announced it filed a complaint and obtained a temporary restraining order against Telegram Group Inc. and its wholly-owned subsidiary TON Issuer...more

Kilpatrick

When You're Paid to Promote, the SEC Requires Transparency

Kilpatrick on

On August 20, 2019, the SEC announced an enforcement action against ICO Rating for violating the anti-touting provisions of Section 17(b) of the Securities Act of 1933. While these anti-touting rules apply to all securities,...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Current State of Cryptocurrency Enforcement and Securities Litigation

On April 24, 2019, Skadden hosted a webinar titled “The Current State of Cryptocurrency Enforcement and Securities Litigation.” The presented topics largely focused on the SEC’s evolving regulatory approach to cryptocurrency...more

Perkins Coie

Blockchain Week in Review - December 2018

Perkins Coie on

U.S. Developments - SEC Remarks on International Virtual Currency Enforcement - On December 5, 2018, Steven Peikin, Co-Director of the Division of Enforcement at the U.S. Securities and Exchange Commission (“SEC”), gave a...more

Farrell Fritz, P.C.

First Federal Ruling Against SEC on Whether Digital Token is a Security

Farrell Fritz, P.C. on

On November 27, 2018, the United States District Court for the Southern District of California denied the Securities and Exchange Commission’s motion for a preliminary injunction to block an initial coin offering, finding the...more

Pillsbury Winthrop Shaw Pittman LLP

California’s New Law on Corporate Blockchain Use

Legislation allows corporations to use blockchain technology to record stock issuance and transfers. A new California law will allow certain corporations to use blockchain technology for certain corporate records; privately...more

A&O Shearman

SEC files its first enforcement action against alleged sponsors of initial coin offerings

A&O Shearman on

On September 29, 2017 the U.S. Securities and Exchange Commission (the SEC) filed a civil complaint in the U.S. District Court for the Eastern District of New York against the sponsors of two “initial coin offerings” (ICOs)...more

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