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In June, Coinbase filed a detailed motion to dismiss the SEC\u2019s case, contending that the SEC lacks statutory authority over the exchange. Paul Grewal, Coinbase\u2019s Chief Legal Officer, emphasized the untenability of the SEC\u2019s position regarding its powers.<\/p>\n\n\n\n

Experts have mixed views on the outcome. While some, like Frye, lean towards the district court favoring Coinbase, others, such as Joe Carlasare of Amundsen Davis law firm, are more cautious, estimating a less than 30% chance of Coinbase achieving a complete dismissal of all charges.<\/p>\n","post_title":"Is Coinbase Set To Overturn SEC\u2019s Allegations In High-Stakes Legal Battle?","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"is-coinbase-set-to-overturn-secs-allegations-in-high-stakes-legal-battle","to_ping":"","pinged":"","post_modified":"2024-01-22 00:51:55","post_modified_gmt":"2024-01-21 13:51:55","post_content_filtered":"","post_parent":0,"guid":"https:\/\/www.thedistributed.co\/?p=15067","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"}],"next":false,"total_page":false},"paged":1,"class":"jblog_block_13"};

Most Read

Subscribe To Our Newsletter

By subscribing, you agree with our privacy and terms.

Follow The Distributed

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ADVERTISEMENT
\n

The Howey Test, established in the 1940s, serves as the benchmark for identifying investment contracts. It involves four criteria: an investment of money, in a common enterprise, with the expectation of profits, primarily from the efforts of others. University of Kentucky law professor Brian L. Frye underscored that while the SEC has the authority to regulate collectibles under Howey, it has opted not to do so.<\/p>\n\n\n\n

In June, Coinbase filed a detailed motion to dismiss the SEC\u2019s case, contending that the SEC lacks statutory authority over the exchange. Paul Grewal, Coinbase\u2019s Chief Legal Officer, emphasized the untenability of the SEC\u2019s position regarding its powers.<\/p>\n\n\n\n

Experts have mixed views on the outcome. While some, like Frye, lean towards the district court favoring Coinbase, others, such as Joe Carlasare of Amundsen Davis law firm, are more cautious, estimating a less than 30% chance of Coinbase achieving a complete dismissal of all charges.<\/p>\n","post_title":"Is Coinbase Set To Overturn SEC\u2019s Allegations In High-Stakes Legal Battle?","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"is-coinbase-set-to-overturn-secs-allegations-in-high-stakes-legal-battle","to_ping":"","pinged":"","post_modified":"2024-01-22 00:51:55","post_modified_gmt":"2024-01-21 13:51:55","post_content_filtered":"","post_parent":0,"guid":"https:\/\/www.thedistributed.co\/?p=15067","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"}],"next":false,"total_page":false},"paged":1,"class":"jblog_block_13"};

Most Read

Subscribe To Our Newsletter

By subscribing, you agree with our privacy and terms.

Follow The Distributed

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ADVERTISEMENT
\n

Judge Katherine Polk Failla, presiding over the case, challenged the SEC to define \u201cinvestment contract\u201d in a way that wouldn\u2019t inadvertently include non-threatening collectibles like Beanie Babies. Conversely, Stein found Coinbase\u2019s<\/a> definition, which requires crypto investors to buy into a \u201cbusiness\u201d rather than just an ecosystem, more convincing. This definition could potentially exempt both the cryptocurrency sales and staking services on Coinbase\u2019s platform from SEC regulation.<\/p>\n\n\n\n

The Howey Test, established in the 1940s, serves as the benchmark for identifying investment contracts. It involves four criteria: an investment of money, in a common enterprise, with the expectation of profits, primarily from the efforts of others. University of Kentucky law professor Brian L. Frye underscored that while the SEC has the authority to regulate collectibles under Howey, it has opted not to do so.<\/p>\n\n\n\n

In June, Coinbase filed a detailed motion to dismiss the SEC\u2019s case, contending that the SEC lacks statutory authority over the exchange. Paul Grewal, Coinbase\u2019s Chief Legal Officer, emphasized the untenability of the SEC\u2019s position regarding its powers.<\/p>\n\n\n\n

Experts have mixed views on the outcome. While some, like Frye, lean towards the district court favoring Coinbase, others, such as Joe Carlasare of Amundsen Davis law firm, are more cautious, estimating a less than 30% chance of Coinbase achieving a complete dismissal of all charges.<\/p>\n","post_title":"Is Coinbase Set To Overturn SEC\u2019s Allegations In High-Stakes Legal Battle?","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"is-coinbase-set-to-overturn-secs-allegations-in-high-stakes-legal-battle","to_ping":"","pinged":"","post_modified":"2024-01-22 00:51:55","post_modified_gmt":"2024-01-21 13:51:55","post_content_filtered":"","post_parent":0,"guid":"https:\/\/www.thedistributed.co\/?p=15067","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"}],"next":false,"total_page":false},"paged":1,"class":"jblog_block_13"};

Most Read

Subscribe To Our Newsletter

By subscribing, you agree with our privacy and terms.

Follow The Distributed

Twitter Instagram Youtube LinkedIn Facebook RSS
ADVERTISEMENT
\n

In June, Coinbase asserted in a legal motion that the tokens implicated in the SEC\u2019s lawsuit do not fit the conventional definition of an investment contract. Consequently, the company argued, these tokens shouldn\u2019t be classified as securities, and Coinbase itself shouldn't be labeled an unregistered securities exchange.<\/p>\n\n\n\n

Judge Katherine Polk Failla, presiding over the case, challenged the SEC to define \u201cinvestment contract\u201d in a way that wouldn\u2019t inadvertently include non-threatening collectibles like Beanie Babies. Conversely, Stein found Coinbase\u2019s<\/a> definition, which requires crypto investors to buy into a \u201cbusiness\u201d rather than just an ecosystem, more convincing. This definition could potentially exempt both the cryptocurrency sales and staking services on Coinbase\u2019s platform from SEC regulation.<\/p>\n\n\n\n

The Howey Test, established in the 1940s, serves as the benchmark for identifying investment contracts. It involves four criteria: an investment of money, in a common enterprise, with the expectation of profits, primarily from the efforts of others. University of Kentucky law professor Brian L. Frye underscored that while the SEC has the authority to regulate collectibles under Howey, it has opted not to do so.<\/p>\n\n\n\n

In June, Coinbase filed a detailed motion to dismiss the SEC\u2019s case, contending that the SEC lacks statutory authority over the exchange. Paul Grewal, Coinbase\u2019s Chief Legal Officer, emphasized the untenability of the SEC\u2019s position regarding its powers.<\/p>\n\n\n\n

Experts have mixed views on the outcome. While some, like Frye, lean towards the district court favoring Coinbase, others, such as Joe Carlasare of Amundsen Davis law firm, are more cautious, estimating a less than 30% chance of Coinbase achieving a complete dismissal of all charges.<\/p>\n","post_title":"Is Coinbase Set To Overturn SEC\u2019s Allegations In High-Stakes Legal Battle?","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"is-coinbase-set-to-overturn-secs-allegations-in-high-stakes-legal-battle","to_ping":"","pinged":"","post_modified":"2024-01-22 00:51:55","post_modified_gmt":"2024-01-21 13:51:55","post_content_filtered":"","post_parent":0,"guid":"https:\/\/www.thedistributed.co\/?p=15067","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"}],"next":false,"total_page":false},"paged":1,"class":"jblog_block_13"};

Most Read

Subscribe To Our Newsletter

By subscribing, you agree with our privacy and terms.

Follow The Distributed

Twitter Instagram Youtube LinkedIn Facebook RSS
ADVERTISEMENT
\n

SEC's Lawsuit<\/h2>\n\n\n\n

In June, Coinbase asserted in a legal motion that the tokens implicated in the SEC\u2019s lawsuit do not fit the conventional definition of an investment contract. Consequently, the company argued, these tokens shouldn\u2019t be classified as securities, and Coinbase itself shouldn't be labeled an unregistered securities exchange.<\/p>\n\n\n\n

Judge Katherine Polk Failla, presiding over the case, challenged the SEC to define \u201cinvestment contract\u201d in a way that wouldn\u2019t inadvertently include non-threatening collectibles like Beanie Babies. Conversely, Stein found Coinbase\u2019s<\/a> definition, which requires crypto investors to buy into a \u201cbusiness\u201d rather than just an ecosystem, more convincing. This definition could potentially exempt both the cryptocurrency sales and staking services on Coinbase\u2019s platform from SEC regulation.<\/p>\n\n\n\n

The Howey Test, established in the 1940s, serves as the benchmark for identifying investment contracts. It involves four criteria: an investment of money, in a common enterprise, with the expectation of profits, primarily from the efforts of others. University of Kentucky law professor Brian L. Frye underscored that while the SEC has the authority to regulate collectibles under Howey, it has opted not to do so.<\/p>\n\n\n\n

In June, Coinbase filed a detailed motion to dismiss the SEC\u2019s case, contending that the SEC lacks statutory authority over the exchange. Paul Grewal, Coinbase\u2019s Chief Legal Officer, emphasized the untenability of the SEC\u2019s position regarding its powers.<\/p>\n\n\n\n

Experts have mixed views on the outcome. While some, like Frye, lean towards the district court favoring Coinbase, others, such as Joe Carlasare of Amundsen Davis law firm, are more cautious, estimating a less than 30% chance of Coinbase achieving a complete dismissal of all charges.<\/p>\n","post_title":"Is Coinbase Set To Overturn SEC\u2019s Allegations In High-Stakes Legal Battle?","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"is-coinbase-set-to-overturn-secs-allegations-in-high-stakes-legal-battle","to_ping":"","pinged":"","post_modified":"2024-01-22 00:51:55","post_modified_gmt":"2024-01-21 13:51:55","post_content_filtered":"","post_parent":0,"guid":"https:\/\/www.thedistributed.co\/?p=15067","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"}],"next":false,"total_page":false},"paged":1,"class":"jblog_block_13"};

Most Read

Subscribe To Our Newsletter

By subscribing, you agree with our privacy and terms.

Follow The Distributed

Twitter Instagram Youtube LinkedIn Facebook RSS
ADVERTISEMENT
\n

See Related: <\/em><\/strong>SEC's Last-Minute Moves Could Pave The Way For Bitcoin ETFs<\/a><\/p>\n\n\n\n

SEC's Lawsuit<\/h2>\n\n\n\n

In June, Coinbase asserted in a legal motion that the tokens implicated in the SEC\u2019s lawsuit do not fit the conventional definition of an investment contract. Consequently, the company argued, these tokens shouldn\u2019t be classified as securities, and Coinbase itself shouldn't be labeled an unregistered securities exchange.<\/p>\n\n\n\n

Judge Katherine Polk Failla, presiding over the case, challenged the SEC to define \u201cinvestment contract\u201d in a way that wouldn\u2019t inadvertently include non-threatening collectibles like Beanie Babies. Conversely, Stein found Coinbase\u2019s<\/a> definition, which requires crypto investors to buy into a \u201cbusiness\u201d rather than just an ecosystem, more convincing. This definition could potentially exempt both the cryptocurrency sales and staking services on Coinbase\u2019s platform from SEC regulation.<\/p>\n\n\n\n

The Howey Test, established in the 1940s, serves as the benchmark for identifying investment contracts. It involves four criteria: an investment of money, in a common enterprise, with the expectation of profits, primarily from the efforts of others. University of Kentucky law professor Brian L. Frye underscored that while the SEC has the authority to regulate collectibles under Howey, it has opted not to do so.<\/p>\n\n\n\n

In June, Coinbase filed a detailed motion to dismiss the SEC\u2019s case, contending that the SEC lacks statutory authority over the exchange. Paul Grewal, Coinbase\u2019s Chief Legal Officer, emphasized the untenability of the SEC\u2019s position regarding its powers.<\/p>\n\n\n\n

Experts have mixed views on the outcome. While some, like Frye, lean towards the district court favoring Coinbase, others, such as Joe Carlasare of Amundsen Davis law firm, are more cautious, estimating a less than 30% chance of Coinbase achieving a complete dismissal of all charges.<\/p>\n","post_title":"Is Coinbase Set To Overturn SEC\u2019s Allegations In High-Stakes Legal Battle?","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"is-coinbase-set-to-overturn-secs-allegations-in-high-stakes-legal-battle","to_ping":"","pinged":"","post_modified":"2024-01-22 00:51:55","post_modified_gmt":"2024-01-21 13:51:55","post_content_filtered":"","post_parent":0,"guid":"https:\/\/www.thedistributed.co\/?p=15067","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"}],"next":false,"total_page":false},"paged":1,"class":"jblog_block_13"};

Most Read

Subscribe To Our Newsletter

By subscribing, you agree with our privacy and terms.

Follow The Distributed

Twitter Instagram Youtube LinkedIn Facebook RSS
ADVERTISEMENT
\n

Bloomberg\u2019s Senior Litigation Analyst, Elliot Z. Stein, offered insights via a tweet <\/a>on Friday. After attending Coinbase\u2019s presentation in court on Wednesday, Stein assessed the exchange\u2019s chances of winning its motion to dismiss the SEC\u2019s accusations at a robust 70%. He notably stated, \u201cWe think Coinbase is likely to win this motion,\u201d in a research note shared on Twitter.<\/p>\n\n\n\n

See Related: <\/em><\/strong>SEC's Last-Minute Moves Could Pave The Way For Bitcoin ETFs<\/a><\/p>\n\n\n\n

SEC's Lawsuit<\/h2>\n\n\n\n

In June, Coinbase asserted in a legal motion that the tokens implicated in the SEC\u2019s lawsuit do not fit the conventional definition of an investment contract. Consequently, the company argued, these tokens shouldn\u2019t be classified as securities, and Coinbase itself shouldn't be labeled an unregistered securities exchange.<\/p>\n\n\n\n

Judge Katherine Polk Failla, presiding over the case, challenged the SEC to define \u201cinvestment contract\u201d in a way that wouldn\u2019t inadvertently include non-threatening collectibles like Beanie Babies. Conversely, Stein found Coinbase\u2019s<\/a> definition, which requires crypto investors to buy into a \u201cbusiness\u201d rather than just an ecosystem, more convincing. This definition could potentially exempt both the cryptocurrency sales and staking services on Coinbase\u2019s platform from SEC regulation.<\/p>\n\n\n\n

The Howey Test, established in the 1940s, serves as the benchmark for identifying investment contracts. It involves four criteria: an investment of money, in a common enterprise, with the expectation of profits, primarily from the efforts of others. University of Kentucky law professor Brian L. Frye underscored that while the SEC has the authority to regulate collectibles under Howey, it has opted not to do so.<\/p>\n\n\n\n

In June, Coinbase filed a detailed motion to dismiss the SEC\u2019s case, contending that the SEC lacks statutory authority over the exchange. Paul Grewal, Coinbase\u2019s Chief Legal Officer, emphasized the untenability of the SEC\u2019s position regarding its powers.<\/p>\n\n\n\n

Experts have mixed views on the outcome. While some, like Frye, lean towards the district court favoring Coinbase, others, such as Joe Carlasare of Amundsen Davis law firm, are more cautious, estimating a less than 30% chance of Coinbase achieving a complete dismissal of all charges.<\/p>\n","post_title":"Is Coinbase Set To Overturn SEC\u2019s Allegations In High-Stakes Legal Battle?","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"is-coinbase-set-to-overturn-secs-allegations-in-high-stakes-legal-battle","to_ping":"","pinged":"","post_modified":"2024-01-22 00:51:55","post_modified_gmt":"2024-01-21 13:51:55","post_content_filtered":"","post_parent":0,"guid":"https:\/\/www.thedistributed.co\/?p=15067","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"}],"next":false,"total_page":false},"paged":1,"class":"jblog_block_13"};

Most Read

Subscribe To Our Newsletter

By subscribing, you agree with our privacy and terms.

Follow The Distributed

Twitter Instagram Youtube LinkedIn Facebook RSS
ADVERTISEMENT
\n

Coinbase, a leading cryptocurrency exchange, seems to be on the brink of a significant triumph in its ongoing legal face-off with the U.S. Securities and Exchange Commission (SEC). This sentiment was echoed by legal experts after a critical court hearing this week.<\/p>\n\n\n\n

Bloomberg\u2019s Senior Litigation Analyst, Elliot Z. Stein, offered insights via a tweet <\/a>on Friday. After attending Coinbase\u2019s presentation in court on Wednesday, Stein assessed the exchange\u2019s chances of winning its motion to dismiss the SEC\u2019s accusations at a robust 70%. He notably stated, \u201cWe think Coinbase is likely to win this motion,\u201d in a research note shared on Twitter.<\/p>\n\n\n\n

See Related: <\/em><\/strong>SEC's Last-Minute Moves Could Pave The Way For Bitcoin ETFs<\/a><\/p>\n\n\n\n

SEC's Lawsuit<\/h2>\n\n\n\n

In June, Coinbase asserted in a legal motion that the tokens implicated in the SEC\u2019s lawsuit do not fit the conventional definition of an investment contract. Consequently, the company argued, these tokens shouldn\u2019t be classified as securities, and Coinbase itself shouldn't be labeled an unregistered securities exchange.<\/p>\n\n\n\n

Judge Katherine Polk Failla, presiding over the case, challenged the SEC to define \u201cinvestment contract\u201d in a way that wouldn\u2019t inadvertently include non-threatening collectibles like Beanie Babies. Conversely, Stein found Coinbase\u2019s<\/a> definition, which requires crypto investors to buy into a \u201cbusiness\u201d rather than just an ecosystem, more convincing. This definition could potentially exempt both the cryptocurrency sales and staking services on Coinbase\u2019s platform from SEC regulation.<\/p>\n\n\n\n

The Howey Test, established in the 1940s, serves as the benchmark for identifying investment contracts. It involves four criteria: an investment of money, in a common enterprise, with the expectation of profits, primarily from the efforts of others. University of Kentucky law professor Brian L. Frye underscored that while the SEC has the authority to regulate collectibles under Howey, it has opted not to do so.<\/p>\n\n\n\n

In June, Coinbase filed a detailed motion to dismiss the SEC\u2019s case, contending that the SEC lacks statutory authority over the exchange. Paul Grewal, Coinbase\u2019s Chief Legal Officer, emphasized the untenability of the SEC\u2019s position regarding its powers.<\/p>\n\n\n\n

Experts have mixed views on the outcome. While some, like Frye, lean towards the district court favoring Coinbase, others, such as Joe Carlasare of Amundsen Davis law firm, are more cautious, estimating a less than 30% chance of Coinbase achieving a complete dismissal of all charges.<\/p>\n","post_title":"Is Coinbase Set To Overturn SEC\u2019s Allegations In High-Stakes Legal Battle?","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"is-coinbase-set-to-overturn-secs-allegations-in-high-stakes-legal-battle","to_ping":"","pinged":"","post_modified":"2024-01-22 00:51:55","post_modified_gmt":"2024-01-21 13:51:55","post_content_filtered":"","post_parent":0,"guid":"https:\/\/www.thedistributed.co\/?p=15067","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"}],"next":false,"total_page":false},"paged":1,"class":"jblog_block_13"};

Most Read

Subscribe To Our Newsletter

By subscribing, you agree with our privacy and terms.

Follow The Distributed

Twitter Instagram Youtube LinkedIn Facebook RSS
ADVERTISEMENT

Investment Contract

Most Read

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