Unusually expressive on this topic, the Securities and Exchange Commission released two publications April 3rd, the first its “Framework for ‘Investment Contract’ Analysis of Digital Assets”, and the second a ‘no-action letter’ in favor of TurnKey Jet, Inc. Both were hailed as milestones for the SEC in dealing with the vexing difference between security tokens,…

Recent SEC enforcements mean it’s time to reconsider the risks of including overbroad confidentiality clauses in employment agreements and other business documents of registrants (e.g., public companies, mutual funds, investment advisors, transfer agencies and broker dealers).  The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act sought to increase the identification of wrongdoing by providing…