The SEC has issued a Cease & Desist Order and sanctions against a token issuer and its founder.  Among several findings, the SEC determined that the “Bounty Program” run by the issuer constituted a securities offering.  The Order states “a ‘gift’ of a security is a ‘sale’ within the meaning of the Securities Act when the [issuer]…

William Hinman, Director of the SEC’s Division of Corporate Finance, announced last week that Ether was not a security.  He also provided the broadest look yet as to how the SEC analyzes ICOs. FinTech Partner, Dror Futter analyzes what it all means in the article below. Read the full article here. In addition to a growing blockchain practice, Dror Futter focuses his practice on…

“If You Can’t Hear Me, I’ll Speak a Little Louder!” – SEC Chairman Clayton followed up critical remarks on ICO market advisors in December with new, blunt criticisms of many ICO attorneys. Read the full story and insights here.   Mr. Futter has more than 20 years of high tech and business experience. He represents emerging companies and their…

ICO legal risks may begin but do not end with the SEC, as a Massachusetts-based ICO issuer learned when state regulators sued him for his role in an unregistered ICO. Read the full article here   Mr. Futter has more than 20 years of high tech and business experience. He represents emerging companies and their investors, as well…

In a powerful one-two punch on Monday, the SEC published a cease and desist order shutting down an ICO for the MUN utility token and a highly critical statement by SEC’s Chairman, Jay Clayton, entitled “Statement on Cryptocurrencies and Initial Coin Offerings”.  Rimon partner Dror Futter analyzes the impact of these communications by the SEC and their impact on…

ICOs are not limited to new companies. Companies that have previously raised venture funding can do them as well — a phenomenon some have termed “Reverse ICOs.”   The standard deal documents of the venture industry (SAFEs, Convertible Notes, Series Seed and NVCA Series A) never contemplated Reverse ICOs.  Rimon partner, Dror Futter, has written about the…

Two recent events suggest that the “Wild West Period” for ICOs may be drawing to a close. Recent statements by SEC Chairman, Jay Clayton, strongly suggest more SEC action to come and the first class-action suit related to an ICO has been filed. Click here to read Dror Futter’s analysis. Mr. Futter has more than 20 years…

The SEC has issued its first, much anticipated statement on the regulatory status of ICOs (Initial Coin Offerings). Click here to read our analysis of the questions the SEC answered and, perhaps more importantly, the questions that remain unresolved. Mr. Futter has more than 20 years of high tech and business experience. He represents emerging companies and their…

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…

Regulators, news media and investors continue to sharpen their focus on the types of expenses borne directly and indirectly by private funds.  While much of the attention has fallen on private equity funds, managers of hedge and venture funds should also cast a self-critical eye on the expenses they charge to their investment vehicles.  We…