Tagged: legal

August 12, 2021 @ 10:30 am By JD Alois  |  

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

June 22, 2021 @ 4:14 pm By JD Alois  |  

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

April 28, 2021 @ 11:00 am By Andrew L. Lee and Daniel Bernard  |  

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

April 22, 2021 @ 11:30 am By Alonzo Llorens and Olivia Daly  |  

  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

April 15, 2021 @ 4:55 pm By JD Alois  |  

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

April 6, 2021 @ 12:00 pm By Patrick Daugherty, John Lanza and Catherine Zhu  |  

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

March 30, 2021 @ 11:00 am By Ariel Glasner and Amit Roitman  |  

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

March 15, 2021 @ 3:00 pm By Lee Schneider  |  

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

February 23, 2021 @ 3:51 pm By JD Alois  |  

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

November 27, 2020 @ 11:43 am By Gautam Gujral  |  

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

October 22, 2020 @ 11:57 am By JD Alois  |  

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

October 20, 2020 @ 9:16 pm By JD Alois  |  

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

October 7, 2020 @ 8:28 pm By JD Alois  |  

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

October 3, 2020 @ 8:12 am By JD Alois  |  

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

September 3, 2020 @ 10:01 pm By Anthony Zeoli  |  

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

August 31, 2020 @ 10:02 pm By Samantha Hurst  |  

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

August 26, 2020 @ 11:03 am By JD Alois  |  

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

June 14, 2020 @ 9:33 pm By JD Alois  |  

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

May 15, 2020 @ 12:00 pm By JD Alois  |  

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

April 27, 2020 @ 7:30 am By Dror Futter  |  

  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