Tagged: legal

Fintech & Blockchain Attorney Daniel Payne Comments on Looming SEC Enforcement Actions Targeting Digital Asset Sector

The enforcement drums are pounding at the Securities and Exchange Commission (SEC) when it comes to digital assets. At the top of the list are trading platforms that may be skirting established securities laws, especially when the Commission believes they are enabling the buying and… Read More

Top Fintech Attorney: We Have Seen an Interest in Tokens from Fund Investors in Much Greater Ways than We Have in the Past.

Brian  Korn has been a regular suspect on the Fintech trail for years. From the early days of online lending and securities crowdfunding, to the more recent rise of digital assets, Korn has provided counsel to emerging firms seeking to benefit from the Fintech revolution…. Read More

Sellers Beware: Can NFTs Be Regulated Securities?

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

Finders: Is the SEC Finally Ready to Clarify this Cloudy Issue for Startups and Other Private Companies?

  In an effort to address an issue that has frustrated the business community for years, including startups, tech companies, and “finders,” the U.S. Securities and Exchange Commission (SEC) published a proposed conditional exemption for finders on October 7, 2020. Under the proposal, people (i.e.,… Read More

State of Massachusetts Seeks to Revoke Robinhood’s Broker Dealer License, Robinhood Responds

In a blog post today, Robinhood responded to an attempt by the State of Massachusetts Securities Division to revoke Robinhood’s broker-dealer license in the state thus blocking its ability to operate. Robinhood said they have filed in Massachusetts State Court a complaint and motion for… Read More

NFT Art: Your Top 40 Legal Questions Answered

Non-fungible tokens (NFTs) were minted and sold under the radar until a relatively obscure artist sold an NFT for an immense sum. That seminal event invigorated interest in NFTs by artists, sales platforms, and collectors. In this column, we undertake to identify and answer, in… Read More

Pushing Through the Fintech Frontier: Financial Regulators Poised to Expand Fintech and Cryptocurrency Oversight


President Joe Biden’s young administration is poised to deliver heightened – and perhaps unprecedented – regulatory scrutiny of the exploding Fintech industry.  The groundwork for a more active regulatory regime has been set over the course of the past decade.  Prior administrations harnessed existing enforcement… Read More

The Under-Appreciated Significance of Coinbase Going Public

Once the Coinbase registration statement becomes effective and Coinbase shares trade publicly, a sea change will have occurred in the US without most people recognizing it.  Part of that unacknowledged difference will be the broader awareness of blockchain and cryptoasset trading it brings. It is… Read More

Bancor Lawsuit Tossed: “New York is not a reasonable and convenient place to conduct this litigation”

A New York judge has tossed a lawsuit filed against Bancor, or BProtocol Foundation, that claimed the sale of unregistered securities, according to an Order Granting Motion to Dismiss received by CI. Judge Alvin Hellerstein dismissed the case and the Plaintiff’s offer to re-plead was… Read More

Offering Support for Crowdfunding and Broker-Dealers Subject to Transfer-Agent Requirements

On November 2, 2020, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) voted to amend its rules to harmonize, simplify, and improve the exempt offering framework. These amendments will, in general, be effective 60 days after publication in the Federal Register. Bigger is Better An… Read More

King of SPACs: Doug Ellenoff of EGS Discusses the Hot SPAC Market – “Not a Fad”

The law firm of Ellenoff, Grossman, and Schole (EGS) has long been a leading Manhattan firm in the SPAC sector (Special Purpose Acquisition Company). This year, SPACs have boomed, including multiple high profile issuers as well as several Fintech focused SPACs. So how did SPACs… Read More

SEC Versus Kik Interactive to End in $5 Million Penalty

That's All Folks The End Final

The long saga of Kik Interactive’s battle with the Securities and Exchange Commission appears to finally be at an end. A document filed in US District Court today indicates that both sides have come to an agreement on a settlement with a $5 million penalty…. Read More

Yieldstreet Wins Victory in British High Court as it Seeks Repayment of Nearly $77 Million in Loans

Yieldstreet, a crowdfunding platform for accredited investors, has won a significant victory in the British High Court pertaining to allegations of fraud associated with loans issued via the platform. Yieldstreet called the decision a “huge win for our investors” as it appeared to vindicate, in… Read More

Former SEC Senior Counsel Comments on Kik Ruling: Kik Could Have Benefited From Traditional Capital Markets Lawyer

This past week, Kik, a company that raised over $100 million in an initial coin offering (ICO), lost a long legal battle with the Securities and Exchange Commission (SEC). The courts determined that Kik had raised capital in an unregistered securities offering thus transgressing securities… Read More

SEC Adopts Massive Changes To “Accredited Investor” Definition

Its official, the “accredited investor” definition, which has not changed significantly since its enactment almost 40 years ago, has been massively upgraded. On August 26, 2020, the Securities and Exchange Commission (“SEC”) adopted final amendments to the “accredited investor” definition which fundamentally change and broaden… Read More

UK Legaltech Startup Thirdfort Secures £1 Million in Latest Funding Round

Thirdfort, a UK-based Legaltech startup, recently announced it secured £1 million in seed-plus funding round. The latest investors include James Meekings and Andrew Mullinger, co-founders of Funding Circle, and David Rutter, founder of R3. Founded in 2017, Thirdfort stated it is enabling solicitors and licensed conveyancers… Read More

SEC Broadens Definition of Accredited Investor to Include Certain Sophistication Measures

As widely anticipated, the Securities and Exchange Commission (SEC) updated the definition of an Accredited Investor expanding the rule by adding certain sophistication criteria. The current definition defines an individual who earns over $200,000 a year ($300,000 if married) as accredited. If an individual has… Read More

Colorado Ruling Throws Interesting Twist into Madden v. Midland Odyssey

One of the first moves the Acting Comptroller of the Currency Brian P. Brooks took upon assuming the leadership role at the Office of the Comptroller of the Currency was to further clarify his agency’s view on the Madden v. Midland case. The legal dust-up… Read More

Former SEC Enforcement Attorney Philip Moustakis Comments on Telegram Decision to Abandon Token Offering: Facts & Circumstances Rule

Earlier this week, it was reported that Telegram has decided to abandon its initiative to launch a blockchain platform called TON (Telegram Open Network) and a cryptocurrency named Gram. The decision was the direct result of an ongoing enforcement action launched by the US Securities… Read More

A First Timers Guide to Down Rounds

  If your venture is confronting a down round, you should not wear it as a badge of shame. Even in normal times, few ventures make an uninterrupted march up and to the right on the valuation curve. More importantly, if you are doing a… Read More

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