Howey Test

SEC Chair Gary Gensler (House Financial Services Committee)
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 fi...
SEC Chair Gary Gensler (House Financial Services Committee)

(Creative Commons, modified by CoinDesk)
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?
(Creative Commons, modified by CoinDesk)

SEC Chair Gensler Shares His Opinion on Proof-of-Stake Tokens: Report
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 Howe...
SEC Chair Gensler Shares His Opinion on Proof-of-Stake Tokens: Report

Ether Hits Two-Month Low as New York Attorney General Alleges Ether Is a Security
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 Stat...
Ether Hits Two-Month Low as New York Attorney General Alleges Ether Is a Security

Coinbase CEO Brian Armstrong (CoinDesk)
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.
Coinbase CEO Brian Armstrong (CoinDesk)

The SEC Is Talking to a 'Wide Swath' of Crypto Organizations: Gensler
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 Te...
The SEC Is Talking to a 'Wide Swath' of Crypto Organizations: Gensler

The SEC asserted nine cryptocurrencies were securities in an insider trading complaint filed Thursday. (Jesse Hamilton/CoinDesk)
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.
The SEC asserted nine cryptocurrencies were securities in an insider trading complaint filed Thursday. (Jesse Hamilton/CoinDesk)

SEC logo
SoluTech to Burn its Tokens Under Terms of SEC Settlement; Co-Founder Fined
SoluTech, which violated securities laws and misrepresented its revenue during the token sale, now must destroy all its tokens.
SEC logo

Helbiz e-scooter in front of a shopping center in Milan, Italy (Helbiz)
The Novel Legal Strategy Bringing This ICO-Backed ‘Micro-Mobility’ Startup to Court
Lawyers have filed suit in a "highly unusual" case against flamboyant Italian e-scooter entrepreneur Salvator Palella, over a troubled ICO back in 2018.
Helbiz e-scooter in front of a shopping center in Milan, Italy (Helbiz)

Majority Leader Ian Calderon has proposed a framework for determining whether digital assets are investment contracts, and therefore securities. (Credit: Lerna Shirinian)
California Assembly Considers Exempting Some Digital Assets From State Securities Law
A key lawmaker in the California Assembly has proposed exempting some digital assets from the state’s definition of corporate securities.
Majority Leader Ian Calderon has proposed a framework for determining whether digital assets are investment contracts, and therefore securities. (Credit: Lerna Shirinian)