Cryptocurrency Markets Quiet for Now, but Catalysts for Moves Loom

Michael Best Partner Evan Strassberg was featured by TheStreet in the article titled, "Cryptocurrency Markets Quiet for Now, but Catalysts for Moves Loom," where he discussed the crypto market, the recent news from the Securities and Exchange Commission (SEC) regarding Exchange Traded Funds (ETFs), and possibilities to come. "...[SEC] the dominant US regulatory body that oversees securities … Continue reading Cryptocurrency Markets Quiet for Now, but Catalysts for Moves Loom

75 Years of Howey

How the sale of Florida Orange Groves 75 years ago established Securities Law compliance standards for Cryptocurrencies and other Digital Tokens today Earlier this year, 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. Director … Continue reading 75 Years of Howey

SEC Provides Guidance on the Applicability of Securities Laws to ICOs and Sales of Digital Tokens – The Beginning of a “Safe Harbor”

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”

Better to Ask Forgiveness Than Permission? Not When It Comes to ICOs…

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…

Senate Banking, Housing, and Urban Affairs Committee Hearing: Virtual Currencies, SEC and CFTC Oversight

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

CFTC Draws Jurisdictional Boundaries on Bitcoin

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

SEC Shoots with a Spiritual Blunderbuss – Why Your ICO Is Most Likely a Security In the Eyes of the SEC

On Monday, January 22, 2018, SEC Chairman Jay Clayton expressed the SEC’s growing concern with ICOs and other cryptocurrency offerings being issued and sold without complying with securities laws. Chairman Clayton also warned/scolded the professional advisors connected to these offerings. The full text of Chairman Clayton’s statement is available here. Compliance with securities laws can … Continue reading SEC Shoots with a Spiritual Blunderbuss – Why Your ICO Is Most Likely a Security In the Eyes of the SEC