In a speech before the Aspen Security Forum on August 3, 2021, SEC Chair Gary Gensler followed the lead of his predecessor and repeated the SEC’s view that current securities regulations are clear and almost all tokens are securities. In
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Employee Incentive Vehicles for Digital Asset Companies
People are often the most valuable asset for growing technology companies, and attracting and retaining top talent is all-the-more important when dealing with emerging technologies like blockchain and cryptocurrencies. For most private companies, the path for creating meaningful incentives for…
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SEC Enforcement Updates: Interim Director Named; Staff Investigative Powers Bolstered; “Bad Boy” Waivers Less Certain
The past few weeks have ushered in signs of what’s likely to come from the SEC’s Division of Enforcement under the Biden Administration, including a greater number of investigations and a tougher path to “bad boy” waivers for issuers. The…
Continue Reading SEC Enforcement Updates: Interim Director Named; Staff Investigative Powers Bolstered; “Bad Boy” Waivers Less Certain
Blockchain + Digital Assets in 2021
The blockchain and digital asset landscape continued to evolve in 2020. DeFi grew exponentially, venture funds are highly active, state and international jurisdictions are vying for crypto business, a crypto lawyer is head of the OCC, and Bitcoin has almost…
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SEC Sues Ripple and Executives in Connection With Ongoing Sales of XRP
By Publisher
The SEC, in one of the Commission’s final acts under the leadership of Chair Jay Clayton, approved enforcement action aimed at Ripple Labs, Inc. (“Ripple”) and two of its executives, Brad Garlinghouse and Chris Larsen. The SEC filed its complaint…
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SEC to Permit Custody of Digital Asset Securities by “Special Purpose” Brokers
By Nick Losurdo
Read our full Client Alert here.
Christmas came early for many in the digital asset community by way of a statement from the U.S. Securities and Exchange Commission (SEC) on December 23, 2020 that grants relief in the area of…
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December 23, 2020 Marks Jay Clayton’s Final Day as SEC Chairman
By Nick Losurdo
U.S. Securities and Exchange Commission (SEC) Chairman Jay Clayton announced that December 23, 2020 would be his last day at the helm of the agency.
This leads to the likely outcome that SEC Commissioner Hester Peirce, or potentially Commissioner Elad…
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SEC to Wyoming (Division of Banking): Interpreting Federal Securities Laws and Rules is our Domain
In early November 2020, the staff of the U.S. Securities and Exchange Commission (“SEC”) Division of Investment Management (“IM Division”), in consultation with the SEC’s “FinHub” staff, issued a statement in response to a No-Action Letter from the Wyoming Division…
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BitMEX Founder’s Charges Highlight Risks for DeFi
***This article was originally published in CoinDesk and can be found here – https://www.coindesk.com/bitmex-risks-for-defi
In October, the Commodity Futures Trading Commission (CFTC) and the U.S. Department of Justice (DOJ) filed enforcement actions against the entities and individuals that own and…
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SEC Chairman Jay Clayton to Depart Agency By Year End
On Monday, November 16, 2020, SEC Chairman Jay Clayton announced his intention to depart from the agency by the end of 2020. News of Clayton’s decision comes as no real surprise, as it is typical for the SEC Chair to…
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