Andrew Boutros

Oct 26, 2023 | news.bloomberglaw.com | Andrew Boutros |Jay Schleppenbach

As a threshold matter, the attorney-client privilege provides that at least one attorney must be present on a communication or at least involved in a matter for the privilege to apply. But attorneys and their clients may be surprised to learn there’s an exception to that rule that allows the privilege to attach when individuals perform legal work for clients in a jurisdiction where they’re not licensed. For example, Fla. Stat. Ann.

Sep 8, 2023 | jdsupra.com | Andrew Boutros |Jeffrey Brown |Paul Capuano

The Securities and Exchange Commission (“SEC”) issued a cease-and-desist order on August 28, 2023, charging Impact Theory, LLC (“Impact Theory”) with conducting an unregistered offering of crypto asset securities in violation of the Securities Act of 1933 (“Securities Act”).1 Without admitting or denying the SEC’s findings, Impact Theory accepted the order and agreed to pay more than US$6.1 million in civil penalties, disgorgement and prejudgment interest.2 The order marks the first time that...

Aug 23, 2023 | lexology.com | Andrew Boutros |Jeffrey Brown |Vincent Cohen |David Kelley |Anthony E. Kelly |Andrew Levander

IntroductionIn the latest decision evaluating the application of federal securities laws to the digital asset context, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York (“SDNY”) ruled in favor of the Securities and Exchange Commission (“SEC”) on a motion to dismiss in SEC v.

Jul 25, 2023 | jdsupra.com | Andrew Boutros |Jeffrey Brown |Paul Capuano

I. IntroductionOn July 13, 2023, the United States District Court for the Southern District of New York (the “Court”) issued a major ruling in in a closely-followed lawsuit brought by the Securities and Exchange Commission (the “SEC”) against Ripple Labs (“Ripple”) over the securities law status of XRP, Ripple’s native token XRP.1 In sum and substance, the Court held that XRP is not a security when sold to the general public, but is a security when sold to institutional investors. II.

May 19, 2023 | law360.com | Markus Funk |Andrew Boutros

Like clockwork, every August and December thousands of practicing lawyers ready themselves for the fall or spring classes they will be teaching at any one of the country's 199 American Bar... To view the full article, register now.