Crypto bull market and “memecoin” mania heat up despite recent U.S. enforcement action which formally accused over 30 tokens of being securities
Written by Laura “LC” Cole and Aaron Krowne The act of launching a blockchain token is not, intrinsically, problematic, but everything done in preparation for and in support of after said launch must be navigated thoughtfully with appropriate professional advisers. SEC and DOJ complaints from the past few years allege over thirty problematic tokens are […]
While Not The Final Word, Summary Judgment Ruling in SEC v. Ripple Case Is “Bullish” For Crypto
On June 13th, 2023, Southern District of New York federal judge Analisa Torres issued her summary judgment order in the case of SEC v. Ripple[1] (the “Ripple SJ Order,” or “Order,” herein). The Order surprised many observers (and pleased most of the blockchain industry) by finding against the SEC on a majority of its main […]
Attorney Highlights With Ali Derie
The following is an interview between our law clerk Elisa Bernardini (EB) and of counsel attorney Ali Derie (AD). Ali attended the University of Buffalo for his undegraded and attended Vanderbilt University for Law School. He’s a well-versed attorney and Anti-Money Laundering (AML) advisor with experience in the financial legal and regulatory fields. In the interview, Elisa and Ali […]
Implications of SEC’s ‘Loss’ In Crypto Case, Audet v. Fraser
The Securities and Exchange Commission(SEC’s) aggressive interpretations of the scope of their authority and what types of conduct run afoul of securities law within and as applied to the crypto sector do not negate the fact that defendants in securities cases retain the right to a jury trial. Importantly, those juries may disagree with the SEC’s […]
Legal Implications of NFTs
An NFT, shorthand for non-fungible token, is a digital certificate of ownership captured by computer code that exists on a decentralized ledger called a blockchain. It is generally displayed as a picture, although it can be a PDF, music file, etc. An NFT verifies ownership and authenticity — like a deed in a buyer/seller transaction […]
What Happened to BlockFi and Why You Should Care
The SEC BlockFi settlement on February 14th was a monumental legal moment for the Cryptocurrency and DeFi space with $100 Million. While the event shed some regulatory insight and presented a pathway to “legitimacy” (according to the SEC), it also raised some issues that may implicate the industry as a whole. What is BlockFi? And what […]
DFS Crypto “Coin Listing” Proposal Represents A Dramatic Expansion of the NY BitLicense
The comments below are in response to the New York DFS’s new proposed Coin Listing Policy Framework (the “Proposal” or the “Framework”) extension to the DFS Part 200 (the “BitLicense”) regulation, released on 12/11/2019 (available here. The DFS has provided only until January 27, 2020 to get comments in to innovation@dfs.ny.gov, so please read the Proposal and […]
No, Airdrops Weren’t Just “Legalized” in the U.S.
Airdroppin’: Maintain Extreme Caution When Doing This With Blockchain Tokens In The U.S. (Source: U.S. Air Force Photo/Staff Sgt. Brian Ferguson Via Wikimedia Commons). A November 27, 2018 order in the case of ICO-gone-wrong SEC v. BlockVest, LLC (SoCal U.S. District Court), caused quite a buzz, for the ostensible holding that it (tentatively, of course, as this was not […]
A Tale of Two Token Offerings: Lessons from Blockstack (Reg A+) And Telegram (Reg D)
(*) Some of the biggest news of the past half-year on the US crypto regulatory front has been (1) Blockstack’s successful (qualified) “Reg A+” filing with the SEC and associated offering, and (2) the SEC’s lawsuit and injunction against Telegram, blocking distribution of their “Grams” tokens, sold pursuant to earlier “SAFTs” (Simple Agreements for Future […]
A Tale of Two Token Offerings: Lessons from Blockstack (Reg A+) And Telegram (Reg D)
(*) Some of the biggest news of the past half-year on the US crypto regulatory front has been (1) Blockstack’s successful (qualified) “Reg A+” filing with the SEC and associated offering, and (2) the SEC’s lawsuit and injunction against Telegram, blocking distribution of their “Grams” tokens, sold pursuant to earlier “SAFTs” (Simple Agreements for Future […]
