Global Fintech & Digital Assets Blog

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SEC Targets NFTs as Securities for the First Time

In its first enforcement action involving NFTs, the SEC focused on issuer marketing that promised outsized returns on investment and platform building. By Ghaith Mahmood, Nima H. Mohebbi, Stephen P. Wink, Douglas K. Yatter, Adam Zuckerman, and Deric Behar On August 28, 2023, the Securities and Exchange Commission (SEC) issued a cease-and-desist order (the Order) … Continue Reading

SEC v. Ripple: Approaching Judgment Day

While a conclusion to the much-hyped case may be approaching, market participants should be wary of doomsday prognostications. By Stephen P. Wink, Douglas K. Yatter, John Sikora, Benjamin Naftalis, William Baker, Jack Barber, Natalie DeLave, and Deric Behar As a new year begins, the digital assets industry is still enduring a deep and widespread crypto winter. When … Continue Reading

SEC Unveils Strategic Plan With Renewed Focus on Technology

The plan directs the agency to develop a robust regulatory framework to prevent market misconduct, as SEC officials’ public comments keep advancements in technology high on the agenda. By Marlon Q. Paz, Stephen P. Wink, Donald Thompson, and Deric Behar On August 25, 2022, the Securities and Exchange Commission (SEC) published a draft Strategic Plan (the … Continue Reading

Digital Asset Regulation: Howey Evolves & The Pursuit of Sufficient Decentralization

In two recent articles, Latham & Watkins lawyers examine the SEC’s guidance on the application of securities regulations to digital assets and the questions that remain unanswered. By Stephen P. Wink, Witold Balaban, John J. Sikora, Miles P. Jennings, Emanuel V. Francone, Cameron R. Kates, and Shaun Musuka Digital Asset Regulation: Howey Evolves In this … Continue Reading

Overcoming Regulatory Hurdles: Introducing an Automated Convertible Note Generator for Token-Based Startups

The online document generator helps startups raise capital with customizable market standard terms and optional digital token provisions. By David L. Concannon, Yvette D. Valdez, Stephen P. Wink, Miles P. Jennings, and Shaun Musuka In collaboration with ConsenSys and OpenLaw, Latham & Watkins recently launched the Automated Convertible Note Generator, a complimentary tool designed to … Continue Reading
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