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CATEGORY: howey test


Mar 14, 2024 05:50

New York Judge Determines SECs Case Against Gemini and Genesis Is Plausible for Alleged Securities Law Violations

A New York federal judge has ruled that the Securities and Exchange Commission (SEC) has “plausibly alleged” that Gemini and Genesis violated securities laws through the Gemini Earn program. Judge Edgardo Ramos Highlights Hurdles in Dismissing Injunction Claims Early; Cites Howey and Reves A federal court in New York has affirmed the plausibility of the [...]

The post New York Judge Determines SECs Case Against Gemini and Genesis Is Plausible for Alleged Securities Law Violations appeared first on Crypto Breaking News.

'It would be absurd' for a US court to rule private NFTs as securities: Lawyer

Author: Cointelegraph By Brayden Lindrea
United States
Feb 23, 2023 08:20

'It would be absurd' for a US court to rule private NFTs as securities: Lawyer

The comments from the hosts of lawyers comes as Judge Victor Marreo said that Dapper Labs’ NBA Top Shot Moments NFT may constitute a security.

Are stablecoins securities? Well, its not so simple, say lawyers

Author: Cointelegraph By Brayden Lindrea
United States
Feb 13, 2023 08:20

Are stablecoins securities? Well, its not so simple, say lawyers

One lawyer said that while stablecoins are meant to be stable, buyers may possibly profit from a range of arbitrage, hedging, and staking opportunities.

Former Coinbase manager slams SEC in motion to dismiss insider trading case

Author: Cointelegraph By Jesse Coghlan
United States
Feb 07, 2023 08:20

Former Coinbase manager slams SEC in motion to dismiss insider trading case

The attorneys for brothers Ishan and Nikhil Wahi want the case thrown out, arguing that the Securities and Exchange Commission was wrong when it charged the pair.

Dec 07, 2022 07:20

The Only Possible Outcome Of Ripple’s Battle Is A Ruling That XRP Is A Security

In a closely followed legal dispute between Ripple and the US SEC, Gene Hoffman, Chief Operating Officer of Chia Network, tweeted on December 6th that he believes the only possible outcome is that a federal judge will rule that XRP was a security due to Ripple’s sale. The SEC’s messiness in relation to the Hinman […]

Nov 04, 2021 06:40

What is the Howey Test & How Does it Relate Cryptocurrency?

Cryptocurrencies occupy a bizarre and gray portion of the legal landscape. This is partly due to their novelty. Quite simply, blockchain technology and its accompanying cryptocurrencies haven’t been a part of the landscape long enough for banks and regulatory agencies to make much sense of them. This is also partly due to their anti-authoritarian nature. [...]

The post What is the Howey Test & How Does it Relate Cryptocurrency? appeared first on Blockonomi.

Ripple vs. SEC: Could newly released documents tip the balance?

Author: Cointelegraph By Luke Huigsloot
United States
May 20, 2023 04:40

Ripple vs. SEC: Could newly released documents tip the balance?

The court case between SEC and Ripple Labs has been ongoing for nearly two and a half years, but a summary judgment ruling could be made any day.

Feb 06, 2025 02:50

Exclusive: PH SEC Office of the General Counsel Refuses to Outright Classify Bitcoin as a Security

The regulator found that Bitcoin lacks fundamental security characteristics, such as voting rights, dividends, and corporate governance participation.

What are the Howey test and its implications for cryptocurrency?

Author: Cointelegraph By Guneet Kaur
United States
Mar 18, 2023 04:40

What are the Howey test and its implications for cryptocurrency?

The Howey test’s impact on cryptocurrency, explained — legal implications, compliance requirements and more.

Jul 15, 2023 05:50

Legal Expert Warns Victory May Be Short-Lived for Ripple and XRP — Says Judge ‘Got the Law Wrong’

A legal expert has warned that the district court ruling on XRP “rests on very shaky ground.” Expecting an appeal, he cautioned that Ripple’s victory “may be a short-lived victory,” claiming that the judge “got the law wrong.” Lawyer on Ruling of SEC v Ripple Case Lawyer Bryan Jacoutot shared his analysis of the ruling [...]

The post Legal Expert Warns Victory May Be Short-Lived for Ripple and XRP — Says Judge ‘Got the Law Wrong’ appeared first on Crypto Breaking News.

Jul 13, 2023 10:30

US Judge Rules XRP ‘Not Necessarily a Security on Its Face,’ Sending XRP Supporters Into Celebration

According to a recent ruling handed down by U.S. judge Analisa Torres the crypto asset XRP is not “necessarily a security on its face.” In the ruling, both parties, the U.S. Securities and Exchange Commission (SEC) and Ripple Labs’ motions for summary judgment were granted in part and denied in part. The order states that [...]

The post US Judge Rules XRP ‘Not Necessarily a Security on Its Face,’ Sending XRP Supporters Into Celebration appeared first on Crypto Breaking News.

SEC defends amended suit against Binance, CZ over securities claims

Author: Cointelegraph by Derek Andersen
United States
Dec 06, 2024 12:00

SEC defends amended suit against Binance, CZ over securities claims

In the latest round of the SEC suit against Binance, Binance.US and CZ, the agency has largely repeated itself in a form more acceptable to the court.

Apr 12, 2023 05:50

Coinbase wins $470K restitution in insider trading case

The brother of a former Coinbase employee has agreed to pay the cryptocurrency exchange nearly $470,000 for his role in an insider trading scheme. According to a New York District Court filing signed on April 6 and made public on April 10, Nikhil Wahi — brother of former Coinbase product manager Ishan Wahi — will [...]

The post Coinbase wins $470K restitution in insider trading case appeared first on Crypto Breaking News.

Oct 26, 2024 02:00

Ripple files cross-appeal challenging SECs XRP institutional sales ruling

Stuart Alderoty, Ripple’s chief legal officer, said “the SEC can’t submit new evidence or ask us to produce more” Ripple’s Form C requests that each issue is subjected to a de novo standard of review Ripple’s cross-appeal follows a week after the SEC filed its cross-appeal against a previous ruling that partially favored Ripple Ripple […]

The post Ripple files cross-appeal challenging SECs XRP institutional sales ruling appeared first on CoinJournal.

Jul 10, 2023 01:20

SEC States Coinbase Misinteprets Howey Test, Misuses Major Questions Doctrine

The U.S. Securities and Exchange Commission (SEC) answered the latest filing of Coinbase by shooting down the arguments presented by the exchange to throw out the ongoing lawsuit. The filing reaffirms the institution’s jurisdiction on securities laws, explaining that Coinbase misinterprets the Howey test and criticizing the “major questions doctrine” usage in the case. SEC

The post SEC States Coinbase Misinteprets Howey Test, Misuses Major Questions Doctrine appeared first on BTC Ethereum Crypto Currency Blog.

Apr 10, 2023 02:10

Lawyer lays out his reasoning on why XRP is not a security

Ripple’s XRP (XRP) is not a security because it does not fit the definition of an “investment contract,” the “only” legislative definition that it could “possibly” fit, according to Jeremy Hogan, a partner at the law firm of Hogan & Hogan. In a series of tweets on April 9, Hogan explained that, in his opinion, [...]

The post Lawyer lays out his reasoning on why XRP is not a security appeared first on Crypto Breaking News.

Apr 10, 2023 07:50

Ripple XRP Not a Security Under SEC Howey Test, Says Lawyer Jeremy Hogan

Ripple's XRP is not a security, says Hogan, due to lack of implied or explicit investment contract.

Continue reading at DailyCoin.

Sep 22, 2021 06:40

How DeFi Exploits and SEC Suits Can Actually Speed Crypto Adoption

Where next for DeFi after this latest price pullback, a growing number of unwelcome exploits and the SEC’s recent blocking of Coinbase’s lending product? First, [...]

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