Competing Precedent in the SDNY Suggests Continued Uncertainty for Crypto Assets in 2024
January 24, 2024
By David G. Adams, Cory S. Flashner, Patrick E. McDonough, Elizabeth M. Platonova
The end of 2023 ushered in a flurry of new developments in key crypto cases. In August of last year, we wrote about conflicting decisions in two Southern District of New York (“SDNY”) cases testing the authority of the U.S. Securities and Exchange Commission (“SEC”) to regulate the crypto asset industry. In SEC v. Ripple Labs (“Ripple Labs”), which was generally considered a victory for Ripple, Judge Analisa Torres granted partial summary judgment in favor of Ripple on the issue of whether certain sales of Ripple’s XRP digital tokens were “investment contracts” and thus “securities” subject to SEC regulation.
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