The lawsuit against Gemini is not about an exchange-traded fund — it’s about how a particular Bitcoin futures contract is being represented.
Carol Goforth is a university professor and the Clayton N. Little Professor of Law at the University of Arkansas (Fayetteville) School of Law.
The CFTC’s action against Gemini is bad news for Bitcoin ETFs It is time for the US to create a ‘Ripple test’ for crypto
The SEC’s approach to crypto must be modified to more clearly articulate how securities laws should apply to digital assets.
What you should know before buying or selling an NFT in the US
As more and more individuals will seek to create and invest in NFTs, here is what you should know about them.
XRP purchasers back Ripple, arguing that it is not a security
Breaking down the ongoing SEC v. Ripple case clarifies the crucial meaning of it for the whole crypto industry.
The Token Taxonomy Act of 2021: Preemption of inconsistent state laws
A deep analysis of the proposed definition of digital token, which is likely to be far simpler than the Howey Test.
SEC vs. Kik Interactive: A status update on the Kin ecosystem and Kin tokens
A deep analysis of the actual final judgement in the U.S. Securities and Exchange Commission versus Kik Interactive case.
Another court applies the Howey investment contract analysis to crypto
The ruling on the motion to dismiss in the SEC v. NAC case indicates that the SEC still has crypto sales in its crosshairs in 2021.
SEC vs. Ripple: A predictable but undesirable development
Such regulation by enforcement does indeed run the risk of stifling important and valuable innovation in the crypto space.
The US SEC amendments and SAFT process
Do the new safe harbors against integration pave the way for a successful SAFT process?
SEC versus Kik: SAFTs are far from safe
SEC v. Kik doesn’t have to be game-over for Kik or SAFTs. In fact, the decision is perhaps more favorable than the SEC v. Telegram order.
What the COVID-19 pandemic means for blockchain and crypto
Blockchain and cryptocurrency have great potential to help us, especially in these challenging times of the global coronavirus outbreak.
SEC vs. Telegram: Part 3 — The extraterritorial reach of US securities laws
The desirability of applying U.S. law so broadly to transactions that occur predominantly outside the country.
SEC vs. Telegram: Part 2 — The case against integrating the two prongs of a SAFT
Addressing the legitimacy of collapsing the sale of contractual rights with the eventual release of crypto assets.
SEC vs. Telegram: Part 1 — Key takeaways for now
The legal battle between the U.S. SEC and Telegram could be a strong warning against the SAFT process.