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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...
Kraken Challenges SEC Overreach in Recent Court Filing
12.5.2024
In a recent motion to dismiss a case brought by the Securities and Exchange Commission (SEC), cryptocurrency exchange Kraken argued that the SEC’s legal theory misinterprets crucial aspects of the case. The court document, dated May 9, 2024, claims the SEC fails to identify legitimate...
Kraken counters SEC’s legal interpretation in dismissal motion
10.5.2024
Kraken argues that the SEC’s efforts to refute unaddressed arguments indicate a misunderstanding of the case’s central points
Coinbase Challenges SEC’s Definition of ‘Investment Contracts’ in Crypto Transactions
15.4.2024
In a recent legal challenge, Coinbase has filed a brief with the Southern District of New York, seeking permission for an interlocutory appeal against the U.S. Securities and Exchange Commission’s expansive interpretation of what constitutes an “investment contract” in digital...
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
LBRY Gears Up to Contest US Securities Law Violation Ruling
8.9.2023
In a recently filed court document, blockchain-based publishing company LBRY has signaled its intent to challenge a New Hampshire district court’s verdict. This ruling, made in November 2022, concurred with the U.S. Securities and Exchange Commission (SEC) stating that LBRY presented...
Law Professors Blast SEC’s Concept of Investment Contract in Amicus Brief
14.8.2023
Six professors of law have issued an amicus brief in favor of Coinbase, blasting the U.S. Securities and Exchange Commission’s (SEC) stance on the definition of investment contracts. Through a historical examination of the development of securities laws, the brief concludes that an investment...
Ripple CLO Stuart Alderoty States SEC Chair Gary Gensler ‘Misstates the Law’ on Tokens
22.7.2023
Stuart Alderoty, CLO of Ripple, a cryptocurrency and payments services company, railed against the statements of U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler given in a recent congressional hearing. Alderoty criticized the stance taken by Gensler, stating that...
Ripple’s XRP Token Surges 28% After Court Rules XRP Sales Aren’t Investment Contracts
13.7.2023
XRP climbed as high as 64 cents at one point, its highest level since May
Sale of XRP on Exchanges Not Investment Contracts, Court Rules in SEC Case Against Ripple
13.7.2023
The institutional sale of the XRP tokens did violate federal securities laws, a court ruled as it granted a motion for summary judgment in part on Thursday
Coinbase Becomes the Latest Target of SEC: Accused of Unregistered Brokerage and Securities Violations
6.6.2023
After the U.S. Securities and Exchange Commission (SEC) sued Binance, it has now filed a legal case against the San Francisco-based exchange, Coinbase. The SEC alleges that Coinbase breached multiple securities regulations and has been functioning as an unregistered broker since 2019. SEC Alleges...
US SEC Identifies 12 Crypto Tokens as Securities in Binance Lawsuit
6.6.2023
The U.S. Securities and Exchange Commission (SEC) has identified 12 crypto tokens as securities in a new lawsuit filed against Binance and its CEO, Changpeng Zhao (CZ). The securities regulator asserted that Binance platforms “have made available for trading on them crypto assets that...
SEC Deems DASH, ALGO, and OMG ‘Unregistered Securities’ in Bittrex Lawsuit
18.4.2023
According to the recent complaint by the U.S. Securities and Exchange Commission (SEC) against Bittrex, the securities regulator insists that a few crypto asset tokens were offered and sold as investment contracts and are securities. The news follows the SEC’s designation of several crypto...
Digital Chamber Asks Court to Draw Line Between Investment Contracts and Assets in Telegram Case
22.1.2020
The Chamber of Digital Commerce, a blockchain advocacy group, wants a U.S. court to distinguish between an investment contract and the underlying asset used by Telegram during a 2018 initial coin offering