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What Is the Howey Test? Understanding Its Role in Crypto Regulation
25.5.2024
This year, with the U.S. Securities and Exchange Commission (SEC) increasing enforcement on businesses accused of offering unregistered crypto securities to American investors, regulators, attorneys, and judges have been utilizing the Howey Test to ascertain whether specific crypto assets...
Coinbase, SEC spar over investment definition in appeal attempt
24.5.2024
The SEC is evading the real issue, and the court was wrong to take its side, Coinbase claims in a defense of its interlocutory appeal
SEC Chair Gensler Opposes Crypto Bill FIT21 Citing Regulatory Loopholes and Increased Risks to Public
22.5.2024
U.S. Securities and Exchange Commission (SEC) Chairman Gary Gensler has strongly opposed the crypto bill Financial Innovation and Technology for the 21st Century (FIT21) Act ahead of the House vote. He stressed that “many players in the crypto industry don’t play by the rules,” leading...
Legal expert challenges Ripple’s ODL deal under Howey Test
10.5.2024
An important development has taken place in Ripple’s ongoing battle with the Securities and Exchange Commission (SEC) as Bill Morgan, a lawyer from the crypto sector, disputes the claim that Ripple’s On-Demand Liquidity (ODL) fits the Howey Test. This test determines whether...
Kraken Asks Court to Dismiss SEC Claims to Avoid 'Significant Reordering' of U.S. Financial Structure
10.5.2024
Lawyers of crypto exchange Kraken have told a U.S. court that claims by the U.S. Securities and Exchange Commission (SEC) against it should be dismissed to avoid a "significant reordering" of the U.S. financial regulatory structure, according to court filings submitted in the Northern District...
Beba and Defi Education Fund Sue the SEC Over Its Airdrop Policies
26.3.2024
Texas apparel company Beba and the Defi Education Fund (DEF) have announced a legal complaint against the U.S. SEC. They allege that the SEC has violated Administrative Procedure Act procedures by adopting an encompassing crypto policy without an official rulemaking process. Additionally,...
New York Judge Determines SEC’s Case Against Gemini and Genesis Is Plausible for Alleged Securities Law Violations
14.3.2024
A New York federal judge has ruled that the Securities and Exchange Commission (SEC) has “plausibly alleged” that Gemini and Genesis violated securities laws through the Gemini Earn program. Judge Edgardo Ramos Highlights Hurdles in Dismissing Injunction Claims Early; Cites Howey...
Billionaire Mark Cuban: SEC Doesn’t Protect Anyone, Current Crypto Regulation Inadequate
31.12.2023
Mark Cuban, a Shark Tank star and the billionaire owner of the NBA team Dallas Mavericks, says the U.S. Securities and Exchange Commission (SEC) doesn’t protect anyone, calling the regulator “the Quickbooks of financial regulation.” He stressed that the Howey Test isn’t...
Judge Grants Summary Judgment for SEC in Landmark Crypto Case Against Terraform Labs
29.12.2023
In a definitive ruling, U.S. District Judge Jed Rakoff favored the Securities and Exchange Commission (SEC) in the multi-billion-dollar fraud case involving Terraform Labs and its founder, Do Kwon. Rakoff noted that the Howey test criteria were satisfied for a range of Terra-related assets...
Binance used ‘tortured’ interpretation of law in bid to toss suit, says SEC
9.11.2023
The SEC derided Binance’s request to have the regulator’s suit thrown out, claiming the crypto exchange hasn’t correctly applied the law
Coinbase disputes SEC’s crypto authority in final bid to toss regulator’s suit
25.10.2023
Coinbase says the SEC’s definition of an investment contract isn’t in line with U.S. securities laws
Coinbase’s Attempt to End SEC Lawsuit Should Be Rejected, U.S. Regulator Argues
3.10.2023
“To distract from the fatal flaws in its legal arguments, Coinbase cries foul and seeks to blame the SEC for its current legal predicament,” the SEC said in a Tuesday court filing
5 lowlights of Gary Gensler's evasive testimony before Congress
28.9.2023
The United States Securities and Exchange Commission chief was asked whether the purchase of Pokemon trading cards is a security transaction and whether Bitcoin is a commodity
SEC urges court to grant Ripple Labs appeal citing ‘knotty legal problems’
9.9.2023
The SEC highlighted contradictory conclusions from similar cases, along with other pending decisions as some of the contentious legal issues
Report: SEC on Cusp of Approving Ethereum Futures Amidst Crypto Market Rollercoaster
18.8.2023
The U.S. Securities and Exchange Commission (SEC) is said to be on the verge of greenlighting futures products tied to ethereum (ETH), as per a Bloomberg report. One insider privy to the development indicated that a handful could secure approval come October. Unnamed Sources Reveal SEC May Soon...
Ripple vs. SEC — Respite for a Beleaguered Industry
25.7.2023
On July 13, 2023, the U.S. District Court for the Southern District of New York (SDNY) finally issued an order in the infamous case brought by the Securities and Exchange Commission (SEC) against the payment settlement system and currency exchange, Ripple Labs, Inc. (Ripple). District Judge Analisa...
Legal Expert Warns Victory May Be Short-Lived for Ripple and XRP — Says Judge ‘Got the Law Wrong’
15.7.2023
A legal expert has warned that the district court ruling on XRP “rests on very shaky ground.” Expecting an appeal, he cautioned that Ripple’s victory “may be a short-lived victory,” claiming that the judge “got the law wrong.” Lawyer on Ruling of...
XRP ruling a ‘watershed moment’ but we’re not out of the woods yet — Lawyers
14.7.2023
The crypto community has gathered to celebrate the recent ruling on XRP's securities status, but lawyers warn there's more to it than meets the eye
US Judge Rules XRP ‘Not Necessarily a Security on Its Face,’ Sending XRP Supporters Into Celebration
13.7.2023
According to a recent ruling handed down by U.S. judge Analisa Torres, the crypto asset XRP is not “necessarily a security on its face.” In the ruling, both parties, the U.S. Securities and Exchange Commission (SEC) and Ripple Labs’ motions for summary judgment were granted...
SEC States Coinbase Misinteprets Howey Test, Misuses Major Questions Doctrine
10.7.2023
The U.S. Securities and Exchange Commission (SEC) answered the latest filing of Coinbase by shooting down the arguments presented by the exchange to throw out the ongoing lawsuit. The filing reaffirms the institution’s jurisdiction on securities laws, explaining that Coinbase misinterprets...