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Howey Test

State of US digital asset regulation in 2023 and the crucial court cases shaping it
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4 December, 2023

State of US digital asset regulation in 2023 and the crucial court cases shaping it

As a dramatic 2023 for digital assets draws to a close, CoinGeek speaks with Stephanie Breslow, co-author of 'Hedge Funds:...
Do Kwon, Terraform Labs ask judge to dismiss SEC lawsuit
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2 November, 2023

Do Kwon, Terraform Labs ask judge to dismiss SEC lawsuit

Following a lengthy investigation into the Terra collapse, Terraform Labs and Do Kwon filed a motion to dismiss the SEC...
Coinbase accuses SEC of jurisdictional overreach in last-ditch attempt to have suit dismissed
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26 October, 2023

Coinbase accuses SEC of jurisdictional overreach in last-ditch attempt to have suit dismissed

In a filing with the U.S. District Court for the Southern District of New York, Coinbase blasted the Securities and...
Stoner Cats NFT celebrity backers charged with unregistered securities sale
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14 September, 2023

Stoner Cats NFT celebrity backers charged with unregistered securities sale

The team behind the animated series ‘Stoner Cats,’ whose cast includes Mila Kunis, Ashton Kutcher and Vitalik Buterin, has been...
Impact Theory settles with SEC over NFT enforcement action
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1 September, 2023

Impact Theory settles with SEC over NFT enforcement action

Impact Theory agreed to a cease-and-desist order and was ordered to pay more than $6.1 million in disgorgement, prejudgment interest,...
SEC v Ripple: Court grants regulator’s request to appeal in Ripple case
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18 August, 2023

SEC v Ripple: Court grants regulator’s request to appeal in Ripple case

Both the SEC and Ripple will have a chance to argue whether the finance regulator is entitled to file an...
Ripple Labs opposes SEC appeal request
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17 August, 2023

Ripple Labs opposes SEC appeal request

Lawyers for Ripple Labs filed a letter with the federal judge overseeing its lawsuit against the U.S. SEC, opposing the...
Law professors file amicus brief supporting Coinbase in SEC case
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15 August, 2023

Law professors file amicus brief supporting Coinbase in SEC case

The amici group, comprising six "law scholars," argued that for an arrangement to be an investment contract, the investor must...
Is Bitcoin (BSV) a Security?
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10 August, 2023

Is Bitcoin (BSV) a Security?

The memo sets the starting point for considering whether Bitcoin is a security: it highlights a speech given by SEC...
The question of ‘offering’ in the securities law
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10 August, 2023

The question of ‘offering’ in the securities law

The Howey test is a standard method to determine whether an asset is a security or not, but one must...
Coinbase asks judge to dismiss its SEC lawsuit
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8 August, 2023

Coinbase asks judge to dismiss its SEC lawsuit

Coinbase's Aug. 4 motion with the U.S. District Court for the Southern District of New York argued that the subject...
Judge in SEC v Ripple was wrong to say secondary sales aren’t securities, court rules
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1 August, 2023

Judge in SEC v Ripple was wrong to say secondary sales aren’t securities, court rules

The federal judge in charge of looking at the SEC v Ripple case dismissed the prospect that secondary market and...