Ripple files Form C, appeals SEC ruling on XRP institutional sales
Ripple challenges SEC’s ruling on institutional XRP sales, claiming the Howey test was misapplied. Go to Source
Howey Test
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SEC Appeals Ripple Case, Citing Errors in Final Judgment
The U.S. Securities and Exchange Commission (SEC) has filed a formal notice of appeal against Ripple Labs in the U.S. Court of Appeals for the Second Circuit. The appeal follows a district court’s ruling in August, which the SEC argues contained significant legal errors. SEC Challenges Ripple Labs Ruling in U.S. Court of Appeals On … Read more
Kraken denies SEC claims, argues digital assets aren’t securities
Kraken firmly disputes SEC allegations, citing the lack of clarity in federal securities law and overreach in its regulatory scope. Go to Source
Judge denies SEC attempt to hamper Tron’s defense amid dismissal ploy
Justin Sun and his associated companies are “not challenging the ‘common enterprise’ element of the Howey test,” ruled the New York District Judge. Go to Source
SEC likely still believes SOL is a security, say crypto execs
Many crypto observers may be “overreading” the security regulator’s latest filing for its Binance lawsuit, meaning Solana and other tokens may not be off the hook yet. Go to Source
DraftKings kills NFT business, citing ‘legal developments’
It comes four weeks after a federal judge found DraftKings NFTs fell “within the meaning” of the Securities Act and Exchange Act and thus could be securities. Go to Source
What Is the Howey Test? Understanding Its Role in Crypto Regulation
This year, with the U.S. Securities and Exchange Commission (SEC) increasing enforcement on businesses accused of offering unregistered crypto securities to American investors, regulators, attorneys, and judges have been utilizing the Howey Test to ascertain whether specific crypto assets constitute an “investment contract” and thereby fall under U.S. securities laws. Below is an in-depth exploration … Read more
Coinbase, SEC spar over investment definition in appeal attempt
The SEC is evading the real issue, and the court was wrong to take its side, Coinbase claims in a defense of its interlocutory appeal. Go to Source
SEC Chair Gensler Opposes Crypto Bill FIT21 Citing Regulatory Loopholes and Increased Risks to Public
U.S. Securities and Exchange Commission (SEC) Chairman Gary Gensler has strongly opposed the crypto bill Financial Innovation and Technology for the 21st Century (FIT21) Act ahead of the House vote. He stressed that “many players in the crypto industry don’t play by the rules,” leading to “widespread fraud, bankruptcies, failures, and misconduct.” Gensler Strongly Opposes … Read more
Beba and Defi Education Fund Sue the SEC Over Its Airdrop Policies
Texas apparel company Beba and the Defi Education Fund (DEF) have announced a legal complaint against the U.S. SEC. They allege that the SEC has violated Administrative Procedure Act procedures by adopting an encompassing crypto policy without an official rulemaking process. Additionally, the plaintiffs seek to clarify that a token airdropped to its users does … Read more
