Tagged: jay clayton

Recent Cease & Desist by Texas Regulators Targeting BitconnectX ICO May Foreshadow More Enforcement Actions

The regulatory drums are getting louder when it comes to initial coin offerings (ICOs). The first shot across the virtual bow was the Securities and Exchange Commission (SEC) Report addressing the DAO and the fact it was an unregistered security. Since last July, there have been… Read More

Food for Thought: SEC Turns Up the Heat on Utility Token Sales

  This article is written by the authors solely in their personal capacities, and the views expressed are the authors’ own and do not necessarily reflect the views of their employer or any other person.  This article does not constitute, and should not be relied… Read More

SEC Chairman Jay Clayton Issues Statement on Initial Coin Offerings & Cryptocurrencies

In the wake of the SEC’s most recent enforcement action regarding an Initial Coin Offering (ICO) that failed to file for a securities exemption while the issuer, Munchee, clearly promoted the ability for token purchasers to seek an investment return on a “utility” token, SEC… Read More

Should there be a Remediation Program for ICOs that Did Not File the Proper Securities Exemption ?

The Securities and Exchange Commission has messaged strongly their intent to enforce the need for Initial Coin Offerings to file for the appropriate exemption.  Yes. there is the ongoing debate as to when a digital token becomes a security but fairly recently Securities and Exchange… Read More

The SEC and Regulated ICOs: Be Careful What You Wish For

Man Proposes and God Disposes On November 8, at an Annual  New York City gathering of securities professionals, SEC Chair Jay Clayton went off script – and in doing so provided what is likely to be the clearest guidance we can expect to receive from… Read More

The SEC, the ICO and Avoiding the ICU: A Call for Leadership and Action

As a securities lawyer and a sometimes advocate for smart regulation of capital formation, I must confess: When it comes to addressing the current state of the Initial Coin Offering (ICO) marketplace, I believe that market participants face a crisis of growing proportions. No Hype… Read More

SEC Moves Government-Business Forum to Austin, Texas – Date of Event is November 30th

The annual Securities and Exchange Commission’s Government-Business Forum on Small Business Capital Formation has been scheduled for November 30th.  In a shift from years past where the Forum was held in the SEC’s headquarters in Washington, DC, the event will take place in Austin, Texas…. Read More

SEC Chairman Jay Clayton Tells House Committee that Fewer Public Companies is a Troubling Trend, Shares Insights on ICOs

Securities and Exchange Commission Chairman Jay Clayton spent much of today visiting with the House Financial Services Committee. This was his first hearing before the Committee since he took the helm of the regulatory agency. Much of Clayton’s prepared remarks echoed his visit to the… Read More

SEC Chairman Jay Clayton says ICOs Have Some Good But Also New Avenue for Fraud

The Chairman of the Securities and Exchange Commission, Jay Clayton, visited with the House Financial Services Committee today. In his prepared remarks and along with subsequent questioning, Clayton aptly defended the importance of capital formation and the need to have a robust Initial Public Offering… Read More

SEC Chairman Jay Clayton to Testify Before House Financial Services Committee

SEC Chairman Jay Clayton is scheduled to visit with the House Financial Services Committee tomorrow (October 4) beginning at 10AM ET. Clayton already testified before the Senate Banking Committee a few days back. The hearing is entitled “Examining the SEC’s Agenda, Operations, and Budget.” The… Read More

SEC Updates on EDGAR Hack that Allowed Intruders to Trade on Non-Public Info

SEC Chairman Jay Clayton has provided an updated on the intrusion into EDGAR that occurred back in 2016. Additionally, the SEC Chair said the Commission would be strengthening its defenses agains future attempts to hack the SECs systems. The investigation has now determined that an… Read More

SEC Chairman Jay Clayton Comments on Final ACSEC Meeting as Transition to New Committee Commences

Yesterday the final meeting of the Securities and Exchange Commission’s Advisory Committee on Small and Emerging Companies (ACSEC) took place in Washington, DC. ACSEC, launched in 2011, will now transition over to the Small Business Capital Formation Advisory Committee – an entity with a similar… Read More

SEC Chairman Names Executive Staff

Securities and Exchange Chairman Jay Clayton has published the name is his executive staff. The SEC announced that John Cook, Jeffrey Dinwoodie, Raquel Fox, Kristina Littman, Alan Cohen, Christopher Carofine, and Shelby Begany Telle have been named to the executive staff of Chairman Jay Clayton…. Read More

A Discussion With SEC Chairman Jay Clayton – Washington, DC

Chairman Jay Clayton will participate in a discussion at the U.S. Chamber’s Center for Capital Markets Competitiveness. Jay Clayton was nominated to chair the U.S. Securities and Exchange Commission on January 20, 2017 by President Donald Trump and sworn in on May 4, 2017, following… Read More

SEC Issues Investigative Report on ICOs. Cautions Investors that Issuers are Subject to Federal Securities Law

The Securities and Exchange Commission (SEC) issued an investigative report today that may chill the booming Initial Coin Offering (ICO) market that has experienced hockey stick like growth in recent months.  The SEC cautioned market participants that sales of digital assets by “virtual” organizations are… Read More

Commissioner Piwowar Shares Insight into Securities Rulemaking, Fintech & SEC Direction on Capital Formation

Commissioner Michael Piwowar, who was Acting Chair of the Securities and Exchange Commission (SEC) until the successful appointment of Jay Clayton, visited with David Burton of the Heritage Foundation earlier this week providing a unique glimpse into the world of the SEC. Burton, who is… Read More

Christopher R. Hetner to Advise SEC Chair Clayton on Cybersecurity Policy

The Securities and Exchange Commission has announced that Christopher R. Hetner will continue to serve as Senior Advisor to Chairman Jay Clayton for Cybersecurity Policy, having previously served in this role under Chair Mary Jo White and Acting Chairman Michael Piwowar. Hetner will continue to… Read More

First Speech by SEC Chair Jay Clayton Highlights Guiding Principles

In an address delivered today at the Economic Club of New York, Securities and Exchange Commission Chairman Jay Clayton outlined his vision of the nation’s top securities regulator. Focusing first on the SEC’s Mission;  to protect investors, to maintain fair, orderly, and efficient markets, and to… Read More

SEC Names Stephanie Avakian & Steven Peikin as Co-Directors of Enforcement

The Securities and Exchange Commission (SEC) has announced that Acting Director of the Division of Enforcement Stephanie Avakian and former federal prosecutor Steven Peikin have been named Co-Directors of the Division of Enforcement. The SEC’s Division of Enforcement is the agency’s largest unit with more… Read More

SEC Chair Jay Clayton Requests Comments on Controversial Department of Labor Fiduciary Rule

The Chairman of the Securities and Exchange Commission (SEC) Jay Clayton published a request for comments today tackling a controversial topic. Chair Clayton addressed the Department of Labor’s “Fiduciary Rule” that deals with the conduct of investment advisors and broker dealers. It will also impact… Read More