Tagged: jay clayton

What Lessons Can Token Issuers Learn from Recent Federal / State Securities Enforcement Activity?

In this article we discuss a number of lessons that we believe issuers of digital tokens can draw from recent enforcement actions brought by federal and state securities regulators. But we first need to define the perimeter we will be covering. There has been a… Read More

Jay Clayton: The Issue of Facilitating Capital Formation and Increasing the Attractiveness of the Public Markets for Smaller Companies is One of My Highest Priorities

Securities and Exchange Commission Chair Jay Clayton re-affirmed his commitment to bolster the environment for smaller companies to more easily raise the growth capital they need and to help foster a more conducive IPO market for SMEs. Speaking at an Equity Market Structure Symposium in… Read More

Initial Coin Offering Attorneys Beware, You Could Be Next!

Following the SEC’s recent initial subpoena offerings (pun intended) targeting initial coin offering (ICO) issuers, many believe the SEC might now turn its sights toward some of the gatekeepers involved in the subject ICOs, including the attorneys. Some attorneys practicing in the ICO space have… Read More

Moving Forward with Cryptocurrency Regulation in 2018

Two months into 2018, it feels a little like the calm before a regulatory storm in terms of cryptocurrency regulation.  A series of pronouncements and announcements from the SEC toward the end of 2017 and beginning of 2018 gave industry insiders more clarity on what… Read More

A Tale of Two Cities: SEC & CFTC Heads Testify Before the Senate Banking Committee

Truly, it was a tale of two cities. On February 6, 2018, the U.S. Senate Banking Committee held a hearing on the oversight role of the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) in respect of virtual currencies like Bitcoin… Read More

Prepared Testimony by SEC Chair Jay Clayton & CFTC Chair J. Christopher Giancarlo is Published in Advance of Senate Banking Committee Hearing on Virtual Currencies

As we reported this past weekend, the Senate Committee on Banking, Housing and Urban Affairs, is queued up to hold a hearing on virtual currencies or cryptocurrencies. What makes this hearing interesting is the fact the two witnesses are the leading regulators in the cryptocurrency… Read More

ICO Industry Adjusts as SEC & CFTC Warn Both Issuers & Advisors Including Attorneys Engaged Token Offerings

  This past week both the Securities and Exchange Commission and the Commodity Futures Trading Commission came out with strong statements warning the exuberant initial coin offering industry (ICO) that regulators will no longer tolerate the flouting of existing securities law. ICOs have increased rapidly… Read More

CFTC Chairman J. Christopher Giancarlo & SEC Chairman Jay Clayton Join in OpEd on Cryptocurrency & Regulatory Enforcement

In another obvious sign that the federal government is ramping up enforcement actions against initial coin offerings that do not file for an appropriate securities exemption or commit other illegal acts such as fraud, CFTC Chairman J. Christopher Giancarlo and SEC Chairman Jay Clayton jointly published… Read More

SEC Chair Jay Clayton Addresses ICOs in Speech Including Rebuke to ICO Advisors

The Securities and Exchange Commission (SEC) Chairman Jay Clayton delivered a speech today to the Securities Regulation Institute. While covering several topics, Chair Clayton hit upon the hot subject of initial coin offerings (ICO) and the swirling regulatory environment delivering a stern rebuke to market… Read More

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