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Howey Test
Coinbase Granted Significant Advance in Court Clash With Gensler's SEC
A U.S. judge halted the case in which the exchange and SEC are duking it out over an enforcement matter, and will let Coinbase chase a higher-court appeal.
Why the Howey Test Remains Contentious for Crypto
CoinDesk's Jennifer Sanasie breaks down the intersection between crypto markets and the establishing regulatory framework, with a focus on the Howey Test and what it means for crypto markets.
Kraken Asks Court to Dismiss SEC Claims to Avoid 'Significant Reordering' of U.S. Financial Structure
Judge William H. Orrick is scheduled to hear the matter on June 12.
Coinbase’s Attempt to End SEC Lawsuit Should Be Rejected, U.S. Regulator Argues
“To distract from the fatal flaws in its legal arguments, Coinbase cries foul and seeks to blame the SEC for its current legal predicament,” the SEC said in a Tuesday court filing.
Arbitrum Shows Just How Messy (and Tricky) Crypto Airdrops Can Be
Bugs, server crashes and scammers continue to plague crypto airdrops. Will regulatory pressures be next?
SEC Chair Gensler Shares His Opinion on Proof-of-Stake Tokens: Report
U.S. Securities and Exchange Commission Chairman Gary Gensler is doubling down on his opinion that proof-of-stake tokens could meet the definition of securities under the Howey Test. CoinDesk Global Policy and Regulation Managing Editor Nikhilesh De discusses what this means for the ongoing crypto turf war between the SEC and the CFTC over regulatory authority.
Ether Hits Two-Month Low as New York Attorney General Alleges Ether Is a Security
In a filing against crypto exchange KuCoin on Thursday, New York State Attorney General Letitia James alleged that ether, among other token offerings, is a security. Penn State Dickinson Law Professor Tonya Evans explains how a security is defined under state law, saying, "it very much mimics the Howey Test...but often times at the state level, there's a more expansive view and definition." Plus, she weighs in on the broader implications for the crypto industry.
Coinbase's CEO Cites 'Rumors' the SEC May Ban Crypto Staking for Retail Customers
"I hope that's not the case as I believe it would be a terrible path for the U.S. if that was allowed to happen," Brian Armstrong tweeted Wednesday.
The SEC Is Talking to a ‘Wide Swath’ of Crypto Organizations: Gensler
SEC Chairman Gary Gensler testified before the Senate Banking Committee Thursday, noting the “vast majority” of cryptocurrencies are securities, while referencing the Howey Test. Plus, he shares that the agency is talking to a “wide swath” of crypto organizations about registering with the SEC.
SEC Calls 9 Cryptos 'Securities' in Insider Trading Case
The SEC and DOJ brought insider trading charges against three people Thursday, but assertions cryptocurrencies are securities may hold greater implications.
