What Does the SEC's Early Loss Mean for Crypto ICOs and Securities?
Don't be fooled. The SEC is not likely going to shy away from policing ICO's in the wake of an early setback in California, securities attorneys say.
November 29, 2018 at 02:51 PM
5 minute read
The original version of this story was published on The Recorder
Lawyers looking at a first-of-its-kind decision this week turning back the SEC's request for a preliminary injunction to block the launch of an initial coin offering cautioned that while the loss is undoubtedly a setback for the agency, it isn't likely to dramatically affect its approach to the ICO market.
U.S District Judge Gonzalo Curiel of the Southern District of California turned back the SEC's injunction bid Tuesday in a case against the backers of the Blockvest ICO. The judge, who previously granted the SEC's ex parte request for a temporary restraining order and froze the assets involved in the ICO, found there was a gap between the two sides' versions of the facts and that the SEC hadn't carried its burden to show Blockvest's BLV tokens were securities.
Securities attorneys contacted in the wake of the decision pointed out that at this stage of the proceedings, where there has not been full discovery, the SEC has the burden of showing there was a violation of the securities laws and a likelihood the violations would be repeated. Curiel found there were factual disputes over whether investors bought into the BLV tokens with an expectation of profit—one of the prongs of the so-called “Howey” test named for the 1946 U.S. Supreme Court case that laid out the ground rules for defining a security.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
- 2What We Know About the Kentucky Judge Killed in His Chambers
- 3Ex-Prosecutor and Judge Fatally Shot During Attempted Arrest on Federal Corruption Charges
- 4Judge Blasts Authors' Lawyers in Key AI Suit, Says Case Doomed Without Upgraded Team
- 5Federal Judge Won't Stop Title IX Investigation Into Former GMU Law Professor
Who Got The Work
Burr & Forman partner Garry K. Grooms has entered an appearance for 4M Acquisitions and Wallace D. Tweden in a pending environmental lawsuit. The action, filed July 22 in Tennessee Middle District Court by the McKellar Law Group and Mark E. Martin LLC on behalf of Tennessee Riverkeeper, contends that the defendant's violated the Clean Water Act and Tennessee Water Quality Control Act by allowing for the discharge of pollutants into waters of the U.S. without obtaining a National Pollutant Discharge permit. The case, assigned to U.S. District Judge Aleta A. Trauger, is 3:24-cv-00886, Tennessee Riverkeeper, Inc. v. Tweden et al.
Who Got The Work
Ramsey M. Al-Salam, Gene W. Lee and Stevan R. Stark of Perkins Coie have entered appearances for R-Pac International in a pending patent infringement lawsuit. The case, filed Aug. 12 in New York Southern District Court by PinilisHalpern LLP and Friedman Suder & Cooke on behalf of Adasa Inc, asserts a single patent related to wireless sensors used for tagging products. The case, assigned to U.S. District Judge Alvin K. Hellerstein, is 1:24-cv-06102, Adasa Inc. v. R-Pac International LLC.
Who Got The Work
Walmart has tapped lawyer Nicole M. Wright of Zausmer PC to defend a pending product liability lawsuit. The action was filed Aug. 12 in Michigan Eastern District Court by Wolfe Trial Lawyers on behalf of a plaintiff claiming burns from a defective propane tank. The case, assigned to U.S. District Judge Matthew F. Leitman, is 2:24-cv-12100, Hill v. Ferrellgas, Inc. et al.
Who Got The Work
Kevin Simpson and James Randall of Winston & Strawn have stepped in to represent Comcast in a pending consumer class action. The case, filed Aug. 11 in Georgia Northern District Court by Kaufman PA, contends that the defendant placed pre-recorded debt collection phone calls to the plaintiff in violation of the Telephone Consumer Protection Act. The case, assigned to U.S. District Judge J.P. Boulee, is 1:24-cv-03553, Pond v. Comcast Cable Communications LLC.
Who Got The Work
Potter Anderson & Corroon partners Christopher N. Kelly and Kevin R. Shannon have stepped in to represent cloud computing company Fastly and its top executives in a pending shareholder derivative lawsuit. The complaint, filed Aug. 23 in Delaware District Court by deLeeuw Law and Bragar Eagel & Squire on behalf of Mark Sweitzer, accuses the defendant of failing to disclose that revenue growth in 2023 was primarily driven by a 'consolidation trend' in which companies simplified operations by reducing the number of content delivery network vendors under management, thereby reducing competition and increasing the defendant's market share. The case, assigned to U.S. District Judge Gregory B. Williams, is 1:24-cv-00969, Sweitzer v. Nightingale et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250