Tagged: legal

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

Ongoing SIM Swap Lawsuit by Michael Terpin Sees Response to AT&T’s Motion to Strike $200 Million Punitive Damage Claim

The ongoing lawsuit regarding a SIM Swap scam filed by Michael Terpin against AT&T Mobility took another step forward this week. Earlier this year, it was ruled that plaintiff Terpin can proceed with statutory, contract, and tort damages claims against AT&T Mobility for $24 million… Read More

Canada: Securities Administrators Propose Harmonized Securities Crowdfunding Rules

The Canadian Securities Administrators (CSA) is seeking comment on proposed harmonized rules for start-up securities crowdfunding, according to a note from the CSA. Online capital formation platforms and industry supporters have long chafed under fragmented investment crowdfunding rules. A call to action by certain thought… Read More

Telegram ICO: A Two-Phase Offering Does Not Inoculate an ICO from Federal Securities Law

As we have previously reported, Telegram is engaged in a legal battle with the Securities and Exchange Commission (SEC) in what may be the biggest SEC cryptocurrency case yet.  One the one side, you have Telegram that raised over a billion dollars from a digital… Read More

Cryptocurrency Programmer Accused of Aiding North Korea Released on $1 Million Bail

Virgil Griffith, an Ethereum programmer accused of advising North Korea on how to using cryptocurrencies to evade sanctions, has been released on $1 million bail in New York. The case is being covered in-person by the Inner City Press: “Upshot: for Virgil Griffith, SDNY Judge Broderick… Read More

Kik Issues Subpoenas to SEC Head of CorpFin Bill Hinman & More

Filed with the US District Court for the Southern District of New York this week, Kik Interactive opened up the big guns by issuing multiple subpoenas to the Securities and Exchange Commission (SEC). Kik is the target of an SEC enforcement action alleging the sales… Read More

Perspective: The Woes of Crypto Licensing Across Europe

Europe possesses one of the most robust markets for digital assets. Multiple countries have established bespoke rules to facilitate, or at least regulate, digital asset offerings. These may be securities or utilities or both. Gibraltar, Malta, Switzerland were quick out of the gate with rules…. Read More

On the Second Anniversary of the DAO: The Token Universe’s Cat Food Moment

Recently we marked the second anniversary of the SEC’s issuance of an Investigative Report finding that the DAO Tokens were securities.   While this killed the hopes of those who had interpreted SEC silence to mean consent to the unregulated issuance of tokens, it still… Read More

Silk Road Founder Ross Ulbricht’s Latest Appeal Postponed

A judge has declared ‘moot’ Ross Ulbricht’s latest attempt to have his multiple life sentences voided/overruled lawyer Paul Grant failed to file papers withdrawing self as Ulbricht’s counsel. Ulbricht is seeking to have his sentences vacated and is alleging that original defense lawyer Joshua Drathel gave… Read More

Pocketinns Accused of Selling Unlicensed Securities, INNS Tokens, in New Jersey

Attorney General of New Jersey and the Chief of the New Jersey Bureau of Securities have filed a civil action complaint against Sarvajnya G . Mada (“Mada”) and Pocketinns, Inc., accusing them of selling, “approximately $410,000 of unregistered securities to 217 investors in violation of…New Jersey… Read More

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