William Hinman, Director, Division of Corporate Finance, provided significant guidance on the applicability of U.S. Federal Securities Laws to Initial Coin Offerings (ICOs) and the sale of digital tokens. His presentation was made on Thursday, June 14, 2018 at the Yahoo Finance All Market Summit: Crypto in San Francisco. Click here to read the full … Continue reading SEC Provides Guidance on the Applicability of Securities Laws to ICOs and Sales of Digital Tokens – The Beginning of a “Safe Harbor”
Yesterday, April 10, Michael Best's blockchain, tax, and securities & capital markets professionals Brad Jacobsen, Jim Kruse, Lyndon Ricks, Tim Schally, Evan Strassberg, and Betsy Voter hosted a complimentary webinar which discussed the securities laws applicable to initial coin ICOs, and covered everything from exempt private offerings to registered public offerings. Additionally, the panel reviewed actions … Continue reading Missed Our Webinar?
Earlier this year, I posted a blog titled “Whether You Are Raising Capital for Bitcoins or Beavers, Securities Laws Will Apply.” The most common response we hear is “So What?!” A fair question, no doubt. The brief answer is that failure to comply with applicable state and federal securities laws can result in significant personal … Continue reading So What If My Digital Token is a Security? Personal Liability in Claims made for Rescission Damages
Initial Coin Offerings – Complying with U.S. Securities Laws & Tax Issues Wednesday, April 10 at 12:00 CST. Michael Best's Blockchain, Digital Currencies & Smart Contracts attorneys will be hosting a complimentary live webinar reviewing the securities laws applicable to Initial Coin Offerings (ICOs), covering everything from exempt private offerings to registered public offerings, and … Continue reading Join Our Webinar!
In some ways, the legal landscape surrounding cryptocurrencies is very much a blank canvas. For example, no court has yet issued an opinion finding that a cryptocurrency—indeed, any cryptocurrency—is a security. But the converse is also true, and no court has held that a cryptocurrency is not a security. In a vacuum, this lack of … Continue reading Better to Ask Forgiveness Than Permission? Not When It Comes to ICOs…
Overview: The Senate Committee on Banking, Housing, and Urban Affairs held a hearing pertaining to virtual currencies and oversight of the Securities and Exchange Commission and the Commodity Futures Trading Commission on February 6, 2018. The hearing shed some light on the potential future path for U.S. regulation of cryptocurrencies and highlighted many issues that crypto … Continue reading Senate Banking, Housing, and Urban Affairs Committee Hearing: Virtual Currencies, SEC and CFTC Oversight
We know that the Commodity Futures Trading Commission (CFTC) considers virtual currencies, including bitcoin, to be commodities, meaning that they are subject to the CFTC’s oversight. And we know, based on recent statements and enforcement actions, that the CFTC is, in fact, paying close scrutiny to cryptocurrency transactions and the exchanges on which they are … Continue reading CFTC Draws Jurisdictional Boundaries on Bitcoin