Tagged: howey test

September 5, 2024 @ 8:00 pm By JD Alois  |  

Last week, OpenSea, a popular NFT [non-fungible token] marketplace, revealed that it had received a Wells Notice from the Securities and Exchange Commission (SEC). The missive indicates a good probability of a forthcoming enforcement action against the firm. While NFTs are largely aligned with digital… Read More

July 13, 2023 @ 6:02 pm By JD Alois  |  

Ripple is claiming victory in a court order issued today that determined the company did not violate securities laws when it initially offered XRP to investors – at least in part. At the same time, the order did indicate that the manner of sale did… Read More

July 20, 2021 @ 5:21 pm By Tony Zerucha  |  

A judge’s decision to depose former Securities and Exchange Commission director William Hinman in the case of the SEC vs, Ripple Labs has the cryptocurrency industry talking, so now is a good time to revisit Hinman’s comments as a refresher. Hinman made the comments at… Read More

April 28, 2021 @ 11:00 am By Andrew L. Lee and Daniel Bernard  |  

The sudden prevalence of Non-Fungible Tokens has raised important legal considerations for issuers and purchasers alike. While intellectual property rights remain essential, securities laws should not be overlooked. Non-Fungible Tokens, or “NFTs”, are digital assets with unique identifying characteristics that distinguish one from another.  Unlike… Read More

February 6, 2020 @ 1:59 pm By JD Alois  |  

Today, in a speech delivered at an event in Chicago, SEC Commissioner Peirce presented a new proposal in the treatment of digital assets that may not be treated as securities perhaps representing a dramatic shift in the US token offering marketplace. In the US, pretty… Read More

November 21, 2018 @ 5:56 am By Onki Kwan  |  

Last Friday, the SEC settled charges against two companies, CarrierEQ Inc. dba Airfox (“Airfox”) and Paragon Coin Inc. (“Paragon”), which raised money with initial coin offerings (“ICOs”).  The SEC found that both companies violated the registration provisions of the U.S. securities laws because neither company… Read More

October 26, 2017 @ 11:10 pm By JD Alois  |  

The US Securities and Exchange Commission (SEC) pumped their regulatory brakes on Initial Coin Offerings (ICOs) earlier this year. Pointing to the DAO debacle, the Feds said if a tokenized offering is a security it will be regulated, end of story. This  statement was a long… Read More

July 30, 2017 @ 2:17 pm By JD Alois  |  

In the aftermath of the SEC statement on Initial Coin Offerings and their intent to crack down on issuers in breach of securities law we reached out to Morrison Foerster for commentary on the question as to when an ICO is in fact a security…. Read More

July 28, 2017 @ 2:14 pm By JD Alois  |  

The Securities and Exchange Commission published a report this week that rattled the hot Initial Coin Offering (ICO) sector is still being ingested by both platforms and companies looking to offer bespoke tokens. But as the SEC fired shots across the bow of the ICO… Read More