Courtney E. Fisher

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Articles

Divided SEC Refuses to Provide Greater Clarity for Crypto

Dec 19, 2023 | lexology.com | Mark Bini |Hadas A. Jacobi |Kaela Dahan |Courtney E. Fisher

On December 15, 2023, the five-member U.S. Securities and Exchange Commission (“SEC” or “Commission”), in a 3-2 vote, denied a petition from Coinbase for new rules for the crypto industry. The divided vote was the latest installment in a long-running feud between Coinbase, the largest cryptocurrency exchange in the United States, and the SEC.
SEC doubles down on enforcement against unregistered offerings of NFTs | JD Supra

Sep 18, 2023 | jdsupra.com | Mark Bini |Kaela Dahan |Courtney E. Fisher

In the past two weeks, the U.S. Securities and Exchange Commission (“SEC”) announced two enforcement actions against non-fungible token (“NFT”) platforms Impact Theory, LLC (“Impact Theory”) and Stoner Cats 2, LLC (“SC2”), in connection with their unregistered offering of cryptocurrency asset securities. In both enforcement actions, the SEC determined that the NFTs were securities under the Howey Test.
The CFTC Strikes Back: Crypto Turf War with SEC Continues | JD Supra

Mar 16, 2023 | jdsupra.com | Mark Bini |Kaela Dahan |Courtney E. Fisher

The Commodity Futures Trading Commission (“CFTC”) and the U.S. Securities and Exchange Commission (“SEC”)’s battle over crypto regulatory supremacy continues. During a Senate Agriculture Committee hearing on March 8, 2022, CFTC Chair Rostin Benham declared that certain digital assets, such as Ethereum and stablecoins, are commodities, providing a jurisdictional hook for the CFTC to regulate the derivatives markets trading these digital assets as well as any underlying market for these products.
The CFTC Strikes Back: Crypto Turf War with SEC Continues

Mar 13, 2023 | lexology.com | Mark Bini |Kaela Dahan |Courtney E. Fisher

The Commodity Futures Trading Commission (“CFTC”) and the U.S. Securities and Exchange Commission (“SEC”)’s battle over crypto regulatory supremacy continues. During a Senate Agriculture Committee hearing on March 8, 2022, CFTC Chair Rostin Benham declared that certain digital assets, such as Ethereum and stablecoins, are commodities, providing a jurisdictional hook for the CFTC to regulate the derivatives markets trading these digital assets as well as any underlying market for these products.