A Security is a Security: How Initial Coin Offerings May Trigger Securities Enforcement and Penalties [Wall Street Lawyer]

James Billings-Kang authored an article on the government's response to regulate emerging technologies such as cryptocurrency. The U.S. Securities and Exchange Commission (SEC), seeking to stay ahead of these advancements, has already announced how securities regulations may apply in these nascent scenarios. In conjunction with the U.S. Commodity Futures Trading Commission (CFTC), the SEC has expressed no reservation in regulating the crypto industry. More than one year removed from the SEC’s July 2017 investigative report offering insights on the interplay between securities regulations and the cryptocurrency industry, lawsuits and penalties from SEC enforcement are on the rise, with no stoppage in sight. Indeed, the SEC has cautioned investors who are considering participation in initial coin offerings (ICOs), fundraising efforts by cryptocurrency startups utilizing blockchain technology to raise capital. 

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James R. Billings-Kang

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jbillings-kang@cozen.com

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