Category: Investment Contract

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Ripple Fires Back at SEC: Cross-Appeal Seeks to Overturn Unresolved XRP Issues

Ripple has escalated its legal battle with the U.S. Securities and Exchange Commission (SEC), filing a cross-appeal to challenge unresolved issues around XRP sales. This comes after the SEC sought to overturn parts of the rulings that cleared Ripple’s retail XRP transactions from securities violations. Ripple’s latest move aims to ensure the SEC’s arguments on…
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Coinbase Challenges SEC’s Definition of ‘Investment Contracts’ in Crypto Transactions

In a recent legal challenge, Coinbase has filed a brief with the Southern District of New York, seeking permission for an interlocutory appeal against the U.S. Securities and Exchange Commission’s expansive interpretation of what constitutes an “investment contract” in digital asset transactions. This pivotal case could set significant precedents for the cryptocurrency industry in the…
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Montana Blasts SEC ‘Regulatory Power Grab’ in Kraken’s Case: ‘Crypto Assets Are Not Automatically Securities’

Montana introduced an amicus curiae in the case of the SEC vs. Kraken, a US-based crypto exchange, criticizing the “regulatory power grab” of the institution. Montana, supported by seven other states, affirms that crypto assets are not automatically securities and that the SEC’s expansive concept of “investment contract” might preempt state legislation. Montana and Seven…
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Coinbase disputes SEC’s crypto authority in final bid to toss regulator’s suit

Coinbase says the SEC’s definition of an investment contract isn’t in line with U.S. securities laws. The United States Securities and Exchange Commission overstepped its authority when it classified Coinbase-listed cryptocurrencies as securities, the exchange has argued in its final bid to dismiss a lawsuit by the securities regulator. In an Oct. 24 filing in…
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SEC Charges Stoner Cats Over $8M Unregistered NFT Offering: Mila Kunis-Backed NFT Project to Pay $1M Penalty

The Securities and Exchange Commission (SEC) charged Stoner Cats 2 LLC (SC2) with conducting an unregistered offering of crypto asset securities in the form of non-fungible tokens (NFTs) that raised about $8 million from investors to finance an animated web series. SEC Slaps Stoner Cats 2 With Charges: NFTs Deemed Unregistered Securities in $8M Offering…
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Law Professors Blast SEC’s Concept of Investment Contract in Amicus Brief

Six professors of law have issued an amicus brief in favor of Coinbase, blasting the U.S. Securities and Exchange Commission’s (SEC) stance on the definition of investment contracts. Through a historical examination of the development of securities laws, the brief concludes that an investment contract “requires contractual undertakings to deliver future value.” Law Professors Explain…
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Coinbase Urges Court to Dismiss SEC Case, Claiming Regulator ‘Overstepped’ Its Statutory Authority

In a motion for judgment filed on August 4, Coinbase hit back against the SEC’s lawsuit alleging it facilitated unregistered trading of securities, arguing the agency lacks authority to regulate digital assets in this way. Coinbase Fights Back Against SEC’s Crypto Exchange Lawsuit In a court filing submitted on Friday, Coinbase contends the SEC’s claims…
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Ripple CLO Stuart Alderoty Explains Securities in ‘After Hours’ Parody Skit

Stuart Alderoty, CLO of Ripple, prepared a skit explaining the definition of securities according to the company, supported by the recent ruling in the SEC v. Ripple case. The segment, titled “After Hours,” parodies U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler’s “Office Hours” series of videos, where he briefly explains investment subjects. …
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Ripple vs. SEC — Respite for a Beleaguered Industry

On July 13, 2023, the U.S. District Court for the Southern District of New York (SDNY) finally issued an order in the infamous case brought by the Securities and Exchange Commission (SEC) against the payment settlement system and currency exchange, Ripple Labs, Inc. (Ripple). District Judge Analisa Torres’ highly anticipated order has been touted as…
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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…
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