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Proof-of-Work Crypto Mining Doesn’t Trigger Securities Laws, SEC Says
20.3.2025
In a staff statement published Thursday, the SEC said that both solo mining and mining pool operations would fail the first prong of the Howey Test
Recent SEC Guidance On Memecoins Suggests Broader Policy Change
10.3.2025
The guidance may foreshadow a reappraisal of the Howey Test, which the SEC has recently used in its attempts to regulate cryptocurrencies through litigation, say Jason Mendro, Matt Gregory and Nick Harper, attorneys at Gibson Dunn
Coinbase Granted Significant Advance in Court Clash With Gensler's SEC
7.1.2025
A U.S. judge halted the case in which the exchange and SEC are duking it out over an enforcement matter, and will let Coinbase chase a higher-court appeal
Advocacy group urges SEC rethink crypto probes and lawsuits from ‘day one’
19.12.2024
The Digital Chamber issued a crypto agenda for the incoming SEC leadership to repair its “troubled relationship” with the crypto industry
Advocacy group urges SEC rethink crypto probes and lawsuits from ‘day one’
19.12.2024
The Digital Chamber issued a crypto agenda for the incoming SEC leadership to repair its “troubled relationship” with the crypto industry
SEC defends amended suit against Binance, CZ over securities claims
5.12.2024
In the latest round of the SEC suit against Binance, Binance.US and CZ, the agency has largely repeated itself in a form more acceptable to the court
Ripple files Form C, appeals SEC ruling on XRP institutional sales
25.10.2024
Ripple challenges SEC’s ruling on institutional XRP sales, claiming the Howey test was misapplied
Ripple files Form C, appeals SEC ruling on XRP institutional sales
25.10.2024
Ripple challenges SEC’s ruling on institutional XRP sales, claiming the Howey test was misapplied
SEC Appeals Ripple Case, Citing Errors in Final Judgment
3.10.2024
The U.S. Securities and Exchange Commission (SEC) has filed a formal notice of appeal against Ripple Labs in the U.S. Court of Appeals for the Second Circuit. The appeal follows a district court’s ruling in August, which the SEC argues contained significant legal errors. SEC Challenges...
Kraken denies SEC claims, argues digital assets aren’t securities
13.9.2024
Kraken firmly disputes SEC allegations, citing the lack of clarity in federal securities law and overreach in its regulatory scope
Judge denies SEC attempt to hamper Tron’s defense amid dismissal ploy
20.8.2024
Justin Sun and his associated companies are “not challenging the ‘common enterprise’ element of the Howey test,” ruled the New York District Judge.
SEC likely still believes SOL is a security, say crypto execs
31.7.2024
Many crypto observers may be “overreading” the security regulator’s latest filing for its Binance lawsuit, meaning Solana and other tokens may not be off the hook yet
DraftKings kills NFT business, citing 'legal developments’
31.7.2024
It comes four weeks after a federal judge found DraftKings NFTs fell “within the meaning” of the Securities Act and Exchange Act and thus could be securities
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...