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10 Jul 2023, 8:26 am by Edward T. Kang and Kandis Kovalsky
The SEC believes the vast majority of cryptocurrencies are securities based on the Howey test, the framework used to determine if an asset is a security articulated in SEC v. [read post]
1 Nov 2022, 8:38 am by Race to the Bottom
Howey Co., proposed requiring some form of post-sale obligation to form an investment contract. [read post]
8 Sep 2022, 9:01 pm by Gary Gensler
Joseph Kennedy, the first Chairman of the SEC, had a saying: “No honest business need fear the SEC. [read post]
Second, a few key themes repeated throughout the complaint provide insight into what the SEC sees as relevant under the Howey factors: The SEC consistently homes in on the fact that, for each token, the founders or development team held a large tranche of tokens — apparently suggesting that their economic incentives were aligned with purchasers’ — which may be relevant to the “common enterprise” and/or “expectation of… [read post]
28 Feb 2022, 9:00 am by Law Offices of Salar Atrizadeh
The most prominent case that’s applicable in the determination of whether an NFT is a security or an asset is SEC v. [read post]