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Another Significant Cryptocurrency Decision: SEC v. Kik Interactive Inc. and Token Offerings Under the Securities Laws

By David I. Miller, Charlie Berk & Nanette Aguirre on October 6, 2020
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In March 2020, a Southern District of New York court issued a significant decision in Securities and Exchange Commission v. Telegram Group Inc. et al., strengthening the U.S. government’s efforts in cryptocurrency enforcement – an area that is largely unsettled. As we wrote in our article discussing that decision, Judge P. Kevin Castel’s opinion is potentially groundbreaking for the token industry – and the SEC’s enforcement efforts in this space – because the court focused on “economic reality” in piercing through contractual representations and warranties to decide whether a token sale should be regulated under the securities laws.

Click here to read the full GT Alert, “Another Significant Cryptocurrency Decision: SEC v. Kik Interactive Inc. and Token Offerings Under the Securities Laws.”

Photo of David I. Miller David I. Miller

David I. Miller, an experienced trial lawyer and former federal prosecutor, focuses his practice on white collar criminal defense, government and internal investigations, securities and commodities enforcement, related complex civil litigation, and cryptocurrency, cybersecurity, anti-money laundering, and national security matters. Previously, David served…

David I. Miller, an experienced trial lawyer and former federal prosecutor, focuses his practice on white collar criminal defense, government and internal investigations, securities and commodities enforcement, related complex civil litigation, and cryptocurrency, cybersecurity, anti-money laundering, and national security matters. Previously, David served for five years as an Assistant U.S. Attorney in the Southern District of New York (S.D.N.Y.), over half that time as a member of the Securities and Commodities Fraud Task Force. He also served as a terrorism prosecutor with the Department of Justice in Washington, D.C., as a Special Assistant U.S. Attorney in the Eastern District of Virginia, as an Assistant General Counsel for the Central Intelligence Agency, and as a white-collar, securities, and commercial litigation attorney in private practice. Before joining Greenberg Traurig, David was a partner at another global law firm.

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Photo of Charlie Berk Charlie Berk

Charles J. Berk focuses his practice on government investigations, securities and commodities fraud, antitrust law, cryptocurrency, and white collar criminal defense. With both civil and criminal law experience, Charles counsels clients on a variety of matters ranging from criminal fraud allegations to complex

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Charles J. Berk focuses his practice on government investigations, securities and commodities fraud, antitrust law, cryptocurrency, and white collar criminal defense. With both civil and criminal law experience, Charles counsels clients on a variety of matters ranging from criminal fraud allegations to complex commercial litigation. Charles represents a variety of clients including public and private companies, cryptocurrency businesses, senior officers, directors, and managers, and other individuals facing risks of government investigation, criminal, civil and regulatory enforcement and prosecution, related civil litigation, and in matters requiring complex internal investigations. His recent work includes white collar defense representations, including persuading the S.D.N.Y. to dismiss its securities fraud indictment against a public company’s CFO in United States v. Pappagallo.

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Photo of Nanette Aguirre Nanette Aguirre

Nanette Aguirre concentrates on private funds alternative investments with an emphasis on derivatives and structured products and corresponding regulation. Her experience includes negotiating all forms of synthetic trading including international derivative (ISDA), repos, and prime brokerage enhanced leverage arrangements with global institutions. She

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Nanette Aguirre concentrates on private funds alternative investments with an emphasis on derivatives and structured products and corresponding regulation. Her experience includes negotiating all forms of synthetic trading including international derivative (ISDA), repos, and prime brokerage enhanced leverage arrangements with global institutions. She works closely with emerging private fund managers to strategize their launch, trading and ongoing compliance. Additionally, she regularly advises on regulatory issues affecting the derivatives market, including without limitation, Dodd-Frank and related cross-border regulation. Nanette works throughout Latin America, in countries like Mexico and Colombia, as well as other emerging regions including Nigeria, advising banks, endowments, clearing organizations, and other financial institutions.

She has structured and negotiated finance and derivative transactions (including Indian and Chinese swaps, and generally, hedging securitization vehicles, credit and fund-linked derivatives, loan, credit default and equity swaps), exchange traded derivative agreements (including SEFs, and Futures and Options), repurchase agreements, securities lending agreements, prime brokerage (Reg T, Portfolio Margining and Enhanced Leverage), clearing (ISDA-FIA, DTCC, ISDA Amend/Markit.com), electronic trading agreements, tri-party and give-up arrangements. She has assembled derivative use plans for corporates, including leading insurance companies.

Nanette is an active member of the alternative investment community. Nanette sits on the board of the Florida Alternative Investment Association (“FLAIA”) and Minorities in Restructuring and Alternative Investments (“MRAI”). She also works closely with other MWBE and emerging manager associations. Prior to Greenberg Traurig, Nanette spent eleven years in the Structured Products and Derivatives department of a major New York law firm serving the financial services sector and working closely with some of the industry’s largest hedge funds, mutual funds and pension plans.

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  • Posted in:
    Banking, Finance and Securities, Technology and AI
  • Blog:
    Financial Services Observer
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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