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

By Charlie Berk 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 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

…

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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  • Posted in:
    Banking, Finance and Securities, Technology and AI
  • Blog:
    Overheard on the Block(chain)
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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