Feud Erupts Over Whether Tezos ICO Lawsuit Should Be Split in Two
A San Diego securities lawyer is trying to get his case against the blockchain project back to state court. But fellow plaintiffs attorneys object, saying he "should not be permitted to split the baby or get a second bite at the apple."
April 10, 2018 at 10:05 PM
4 minute read
SAN FRANCISCO—Plaintiffs lawyers involved in the pioneering Tezos litigation, which could test how securities laws apply to initial coin offerings (ICOs), are in a simmering dispute over whether to split the case in two.
A federal judge in San Francisco last month named California law firm LTL Attorneys and Hung G. Ta, Esq. in New York to lead a set of federal class actions against Tezos and other defendants. The cases allege that the $232 million ICO Tezos conducted last year was an illegal offering of securities and seek to get back cryptocurrency invested in tezzies—the Tezos digital tokens which have yet to launch.
But citing a recent decision by the U.S. Supreme Court in a case called Cyan v. Beaver County Employees Retirement Fund, the attorney who filed the first case against Tezos—San Diego securities lawyer James Taylor-Copeland—is seeking to have it remanded to state court in San Francisco, where it would presumably move forward on a parallel track.
In Cyan, the high court held last month that state courts maintain jurisdiction over class actions brought under the federal Securities Act of 1933. The case turned on the interpretation of the 1998 Securities Litigation Uniform Standards Act.
Taylor-Copeland argues the Supreme Court's ruling requires that his case on behalf of investor Andrew Baker be remanded to state court. It was removed to the U.S. District Court for the Northern District of California last fall by attorneys for Dynamic Ledger Systems (DLS), the company behind the Tezos blockchain project.
DLS's attorneys at Baker Marquart and Cooley now agree that, under Cyan, the case should be sent back to state court.
The attorneys named to spearhead the federal class actions, however, argue that Taylor-Copeland is being given a second chance to take control of litigation against Tezos after initially bowing out of the running to lead in federal court.
“The mischief is all the greater here because it appears that Baker's counsel, Taylor-Copeland Law, has teamed up with the law firms of Robbins Geller Rudman & Dowd LLP and Silver Miller (collectively 'Robbins Geller') so that these firms could hedge their litigation positions,” Enoch Liang of LTL Attorneys and Hung Ta wrote in a brief.
“Counsel should not be permitted to split the baby or get a second bite at the apple,” they added. “At a minimum, Baker should disclose to the Court in his reply whether he has any agreements with Robbins Geller that could affect his adequacy to represent the interests of the Class.”
There are a web of law firms involved in the case. Robbins Geller had previously vied to lead the class actions in federal court but lost out. Among the firm's three named plaintiffs is one investor who originally filed suit in federal court in Florida. He was represented at filing by David Silver at the Silver Miller firm.
Robbins Geller attorney Danielle Myers, who is handling the Tezos case for the firm, did not immediately respond to an email requesting comment. Silver responded but deferred an inquiry to Robbins Geller.
In a reply brief filed Tuesday, Taylor-Copeland called the accusations “incorrect, irrelevant, and unprofessional.”
“They do not warrant a response, except to note that Baker's counsel, who focuses on representing aggrieved cryptocurrency investors, will vigorously represent the interests of Baker and the putative class upon return to state court,” he added.
Taylor-Copeland did not immediately respond to an email seeking further comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 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.
You Might Like
View AllBuchalter Hires Longtime Sheppard Mullin Real Estate Partner as Practice Chair
Reality TV Couple and Pacific Palisades Neighbors Sue City of Los Angeles Over Loss of Homes to Fire
3 minute readIn Resolved Lawsuit, Jim Walden Alleged 'Retaliatory' Silencing by X of His Personal Social Media Account
Trending Stories
- 1Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
- 2Freshfields Hires Ex-SEC Corporate Finance Director in Silicon Valley
- 3Meet the SEC's New Interim General Counsel
- 4Will Madrid Become the Next Arbitration Hub?
- 5‘Ripe for SCOTUS’: Ruling Creates Circuit Split on NLRB’s Expanded Monetary Remedies
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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