Search for: "Howey v State"
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10 Jul 2024, 9:01 pm
. * * * Today’s topic – “Regulating Finance in a Changing Administrative State” – is no doubt a timely one, but also one that could easily serve as my job description. [read post]
The Hydraulic Effect of Loper Bright Enterprises in Consumer Finance: More Regulation By Enforcement
10 Jul 2024, 8:00 pm
In Loper Bright Enterprises v. [read post]
19 Apr 2024, 9:27 am
Howey. [read post]
3 Apr 2024, 9:01 pm
And for years, the SEC has clearly and consistently applied Howey and its progeny to protect investors in the crypto space. [read post]
18 Dec 2023, 2:48 pm
State-registered advisers need to examine their states’ regulations to determine who constitutes a “client. [read post]
4 Dec 2023, 8:11 am
For example, in the 2004 case of SEC v. [read post]
30 Nov 2023, 9:05 pm
Howey Co., 328 U.S. 293, 299 (1946). [3] S.E.C. v. [read post]
17 Nov 2023, 12:07 pm
In 2021, current SEC Chair Gary Gensler asserted that the SEC considers crypto as a security under the “Howey Test,” derived from the Supreme Court case, SEC v. [read post]
9 Nov 2023, 9:01 pm
The legal system of the United States has its roots in the laws of England. [read post]
20 Oct 2023, 2:40 pm
October 20, 2023 Clients, Friends, and Associates: As we end the third quarter and enter the fall season, we would like to highlight some of the recent industry updates and occurrences we found to be both interesting and impactful. [read post]
21 Sep 2023, 5:47 am
Turning to recent actions, the July decision in SEC v. [read post]
13 Sep 2023, 9:05 pm
In West Virginia v. [read post]
17 Aug 2023, 3:30 am
The latest crypto decision, also from the SDNY — SEC v. [read post]
16 Aug 2023, 4:35 am
” Via SEC v. [read post]
13 Aug 2023, 9:05 pm
His decision in SEC v. [read post]
13 Aug 2023, 4:35 pm
Yours truly was privileged to co-sign an amicus brief in the SEC v. [read post]
11 Aug 2023, 12:01 pm
Said the court: “By stating that ‘transaction[s]’ and ‘scheme[s]’—and not just ‘contract[s]’—qualify as investment contracts, the Supreme Court made clear in Howey that Congress did not intend the term to apply only where transacting parties had drawn up a technically valid written or oral contract under state law” (citations omitted).One can see a progression in crypto companies’ arguments in response to… [read post]
25 Jul 2023, 9:10 am
By Lene Powell, J.D.Parts of the recent controversial ruling in SEC v. [read post]
24 Jul 2023, 9:01 pm
Under the bill, even where the issuer of an ancillary asset “engaged in entrepreneurial or managerial efforts that primarily determined the value” of the token — which, under the test established by the Supreme Court in SEC v. [read post]
20 Jul 2023, 4:30 am
Todd Phillips (Georgia State University - J. [read post]