cryptocurrency

SEC V. LBRY INC., ANALYSIS

The summary judgment in favor of the SEC was issued on November 7, 2022 and the only issues addressed were whether LBRY did offer its LBC token in violation of securities laws (as an unregistered security without asserting any exemption…

PROPOSED CRYPTO REGULATION CLASSIFIES CRYPTO-ASSETS AS COMMODITIES

A Senator from NY and a Senator from WY have recently presented Congress with a draft proposal for a crypto regulatory scheme which is a mixed bag from this Firm’s perspective. Wyoming is possibly the best state for crypto ventures and banking, and for good reason, hence one of the senators (Lummis) has been and remains definitively pro-crypto. Nonetheless the bill could have been much better. Firstly, crypto-assets would, for the most part, be under the regulatory imprimatur of the Commodities and Futures Trade Commission; as mentioned in other posts, this is a positive development as crypto-assets are, for the…

TOKENIZING ASSETS ON THE BLOCKCHAIN

You will be hard pressed to find any expert or authority in the field who will not agree that blockchain technology holds heretofore untapped potential yet to be capitalized upon. The future appears bright for the distributed ledger. A strong…

AVOIDING INITIAL COIN OFFERING SCAMS AND FRAUD

The unfortunate reality is that the crypto space is inundated with shady people, hype, empty promises, and dishonest marketing. This Firm deals regularly with due diligence reviews of various coin offerings and drafting of opinions regarding crypto projects, to include…

UTILITY TOKEN VS SECURITY TOKEN

A great deal of confusion exists as to the gauntlet of US securities laws with respect to alt-coins  or crypto tokens issued through initial coin or token offerings. At its most basic a utility token may be described as a…