Tagged: legal

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

Blockchain Association Takes Over Defend Crypto Campaign but Questions Linger if this is the Right Battle

Last week, the Blockchain Association announced in a blog post that it would take over the Defend Crypto campaign, launched by Kik Interactive. Kik is engaged in a legal battle with the Securities and Exchange Commission (SEC) regarding an initial coin offering that raised about… Read More

An Update on France’s Emerging Initial Coin Offering Regime

France is moving forward to embrace blockchain technology and the issuance of digital assets. While security tokens will be regulated just like the securities they are, France has crafted a regulatory regime that supports the issuance of utility tokens. Last December, the French Government issued… Read More

When Does A “Digital Asset” Qualify As A Security? A Deeper Dive Into Recent SEC Guidance.

Here’s a question for all of you. Between coins, tokens, stamps, tickets, vouchers, and chips, which of these qualifies as a “security” under U.S. Securities laws? It’s actually a trick question, they all do! Well, technically speaking, they all could potentially qualify as securities. The… Read More

Perspective: Depending on the Nature of a Digital Asset, 12(g) Reporting May Not be Necessary

Recently Crowdfund Insider was in communication with Securities Attorney Joe Nesler who posts regularly on his law firm’s web site pertaining to issues regarding crypto and securities law. A post by Nessler from last November touched upon reporting requirements under 12g and digital assets. CI… Read More

Stormy Daniels Launches CrowdJustice Campaign to Raise Funds For Her Legal Battle Against President Trump

Following the announcement that she is suing President Trump over a non-disclosure agreement about their alleged affair in 2006, Stephanie Clifford, also known as Stormy Daniels, has launched a crowdfunding campaign on CrowdJustice, seeking funds to cover her legal fees and other expenses. While sharing details… Read More

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