Richard Kelley

April 24, 2019 | New York Law Journal

This article provides an overview of the SEC's “Framework for 'Investment Contract' Analysis of Digital Assets” and explains how the SEC staff is likely to analyze digital assets. It also examines the concept that digital assets can reach a tipping point—an “evolutionary moment” in their development—where they transform from a security to non-security.

By Deborah Meshulam, Benjamin Klein and Richard Kelley 

15 minute read

September 18, 2018 | New York Law Journal

On Sept. 12, 2018, an EDNY judge issued an order finding that a federal indictment adequately pled that defendant promoted digital tokens through initial coin offerings (ICOs) in violation of U.S. securities laws. This is the second known instance where a federal judge has found that offer or sale of digital tokens can qualify as investment contracts subject to federal securities laws.

By Deborah Meshulam, Benjamin Klein and Richard Kelley

8 minute read

June 07, 2018 | New York Law Journal

The cryptocurrency enforcement landscape continues to evolve with several important developments this past week, including the appointment of a “Crypto…

By DEBORAH MESHULAM, BENJAMIN KLEIN AND RICHARD KELLEY

2 minute read

April 16, 2007 | National Law Journal

What's in your electronic filing cabinet? Companies must set up a formal document-retention policy.

By George Kostel and Richard Kelley

8 minute read

April 17, 2007 | Corporate Counsel

Last year, nearly $2 billion was spent on the retrieval and review of electronic information in litigation. Developing a comprehensive document-retention plan is not only practical; it has become essential. But the benefits of preparedness offer more than just compliance with new rules; they offer structure and efficiency for the ways companies do business. Here are some practical suggestions for corporate counsel to develop and implement electronic data storage and protection plans.

By George Kostel and Richard Kelley

8 minute read