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ICOs and a soon-arriving flood of SEC enforcement investigations – Bankless Times


ICOs and a soon-arriving flood of SEC enforcement investigations
The Securities and Exchange Commission late last month filed charges against the person and entities responsible for two related initial coin offerings (ICOs) that defrauded investors.
See SEC v. ReCoinGroup Foundation, LLC, et al, here.
In the ReCoin case, a typical security offering fraud became far more notable because the vehicle for fraud was two ICO offerings.
ICOs are frequently discussed today as Crowdfunding 2.0. This is a stretch as Crowdfunding was authorized by federal legislation (See Jumpstart Our Business Startups (JOBS) Act.
There are no new federal laws designed to foster a marketplace for ICOs. There is regulatory guidance, however, showing ICOs are on the SEC’s radar and that many (and likely most) ICOs are offers and sales of securities. ....

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NFTs and digital art blockchain: Is blockchain's digital token new frontier its brightest? – Bankless Times


NFTs and digital art blockchain: Is blockchain’s digital token new frontier its brightest?
So here we are. Two years on and a little deflated.
While unregistered or non-exempt token offerings were started with great fanfare, reaching their crescendo in 2017 with the wild-west of unregistered ICOs shot down O.K. Corral-style by the SEC, followed by the utility being sucked out of utility tokens, we have now arrived at the third blockchain marvel attracting ever-increasing interest, and, dare we say it, speculation.
Enter non-fungible tokens, now intimately called NFTs or Niftys or other variations on the acronym, with room after room on Clubhouse packed with aspirant or actual minters of the mainly digital art tokens, and platforms like Superare and Nifty Gateway minting, promoting, or creating markets in NFTs. ....

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Securities Litigation Update: Southern District Of New York Dismisses Putative Securities Class Action Alleging Sale Of Unregistered Cryptocurrency, But Risk Remains For Crypto-Issuers And Exchanges - Technology

Securities Litigation Update: Southern District Of New York Dismisses Putative Securities Class Action Alleging Sale Of Unregistered Cryptocurrency, But Risk Remains For Crypto-Issuers And Exchanges - Technology
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SDNY Dismisses Putative Securities Class Action Alleging Sale of Unregistered Cryptocurrency


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Securities Litigation Update: Southern District of New York Dismisses Putative Securities Class Action Alleging Sale of Unregistered Cryptocurrency, But Risk Remains for Crypto-Issuers and Exchanges
Friday, April 23, 2021
In re Bibox Group Holdings Ltd. Securities Litigation,
1 Judge Denise Cote of the U.S. District Court for the Southern District of New York dismissed a putative class action alleging registration violations under securities laws against a cryptocurrency issuer and exchange, holding that the plaintiff lacked standing to assert class claims based on crypto-assets he did not purchase and did not timely file suit.  While a win for the defendants, the decision serves as a reminder that the securities laws apply in full force to cryptocurrencies that qualify as securities, and the failure to register cryptocurrencies, as with any other security, may expose crypto-issuers and exchanges to class action claims. ....

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Securities Litigation Update: Southern District of New York Dismisses Putative Securities Class Action Alleging Sale of Unregistered Cryptocurrency, But Risk Remains for Crypto-Issuers and Exchanges | Cadwalader, Wickersham & Taft LLP


On April 16, 2021, in
In re Bibox Group Holdings Ltd. Securities Litigation,
1 Judge Denise Cote of the U.S. District Court for the Southern District of New York dismissed a putative class action alleging registration violations under securities laws against a cryptocurrency issuer and exchange, holding that the plaintiff lacked standing to assert class claims based on crypto-assets he did not purchase and did not timely file suit. While a win for the defendants, the decision serves as a reminder that the securities laws apply in full force to cryptocurrencies that qualify as securities, and the failure to register cryptocurrencies, as with any other security, may expose crypto-issuers and exchanges to class action claims. ....

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