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Howey Test

Judge rules against LBRY in securities case: what does it mean for Ripple?
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9 November, 2022

Judge rules against LBRY in securities case: what does it mean for Ripple?

LBRY lost its battle against the SEC following a federal judge's ruling that the LBC tokens are securities, sending a...
Most ‘cryptos’ are securities according to the Howey test
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27 July, 2022

Most ‘cryptos’ are securities according to the Howey test

Most crypto assets (coins or tokens) are securities, and illegal ones at that, as they meet the Howey test and...
SOL investors sue Solana Labs and VC firm Multicoin over securities laws violation
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11 July, 2022

SOL investors sue Solana Labs and VC firm Multicoin over securities laws violation

Many factors make Solana a bad investment, but the lawsuit is based on securities violations, and an investor believes that...
Sweeping US ‘crypto’ bill elevates CFTC’s role in regulating digital assets
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8 June, 2022

Sweeping US ‘crypto’ bill elevates CFTC’s role in regulating digital assets

The Responsible Financial Innovation Act is designed to improve flexibility, innovation, transparency and consumer protections with regard to digital assets.
Judge takes dim view of SEC flip-flops in Ripple hearing
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8 June, 2022

Judge takes dim view of SEC flip-flops in Ripple hearing

The communications in question preceded Hinman’s June 2018 speech in which he declared that tokens based on networks that were...
SEC Chair Gary Gensler: ‘No reason’ to treat digital asset market differently under securities laws
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5 April, 2022

SEC Chair Gary Gensler: ‘No reason’ to treat digital asset market differently under securities laws

The thrust of SEC Chair Gary Gensler’s address may be already self-evident to many: that current laws already apply to...
Ripple accidentally makes a good point in SEC defense: why isn’t ETH an unregistered security too?
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22 July, 2021

Ripple accidentally makes a good point in SEC defense: why isn’t ETH an unregistered security too?

Based on the legal test for determining whether something is a security or not (Howey), the SEC has a case....
Who’s next? SEC accuses LBRY of offering unregistered securities
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31 March, 2021

Who’s next? SEC accuses LBRY of offering unregistered securities

The U.S. regulator said the offering of LBRY, whose business focuses on distribution and monetization of digital content without an...
Ethereum 2.0 is an unexploded regulatory bomb
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14 December, 2020

Ethereum 2.0 is an unexploded regulatory bomb

Ethereum 2.0 has gone live, seemingly without a thought paid to whether the network’s new system falls within the definition...
Telegram abandons Gram token: What does it signal for future of coin offerings?
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25 May, 2020

Telegram abandons Gram token: What does it signal for future of coin offerings?

Future entrepreneurs will be wary of proceeding on a SAFT basis, fearing that they will unintentionally be in non-compliance with...